Company Law and its results Case Study Example | Topics and Well Written Essays - 1000 words

Company Law and its results - Case Study Example In this case Jamal is not only the director but also is the shareholder of the company. The intended resolution brought by Jamal relating to payment of dividend and his dislike on the style of management reflects the oppression of the minority by the majority represented by Boss and Harris. As has been decided in the above case, when a wrong is committed to a company, only the company is the proper person to bring an action for damage. Since the directors control the company and it is the directors whose conduct is the issue now, only the shareholders have to bring an action in the name of the company. There are certain rules established in the case of Foss v Harbottle. They are: 2. The second rule relates to 'internal management' of the company where the action complained of is something which the majority is entitled to then the action for legal remedy can be brought by the majority only. Relevant cases are: Jamal may not be in a position to bring any action against the remaining directors as the company is the only proper person for taking action against the directors. According to the second rule laid down in Foss v Harbottle since Boss and Harris represent the majority, only they are entitled to bring action if any for remedy. The complaint from Jamal does not fall within the exceptions to the rule laid down in Foss v harbottle as there is no apparent fraud committed by Harris and Boss representing the majority. Issue 2: Resolution brought by Boss and Harris for the removal of Jamal as a director Answer: It is possible that a company by ordinary resolution remove a director before the end of his period of office. Such an action may be brought under section 303 of the Companies Act 1985 notwithstanding anything contained in the Articles of Association of the company or anything contained in any agreement between the company and the director. The removal of a director under section 303 will not deprive the director of his right for compensation or damages payable in respect of the termination of his appointment as director. The director will also be entitled to his right of compensation in respect of the termination of any other appointment. It is obligatory for the company to issue a special notice of the resolution intended to be passed in the general meeting for the removal of a director or to appoint another in the place of the director removed at the meeting in which the director is so removed. Under section 304 on receipt of the notice of an intended resolution to remove a director under

Social Impact of Business Essay Example | Topics and Well Written Essays - 750 words - 1

Social Impact of Business - Essay Example The purpose of this paper is to discuss different privacy issues in the workplace and to identify situations in which is justified or unjustified to monitor employees. Four interesting topics in the workplace privacy debate are electronic monitoring, romance in the workplace, employee drug testing, and employee honesty testing. Electronic monitoring is an HR trend that has grown in popularity in the workplace environment of the 21st century. Electronic monitoring involves the use of technology to track and spy on the behavior of the employees at work. Four electronic monitoring practices are to track the use of the internet, read emails send and received, bug telephone lines, and to use cameras to watch the actions of the employees at work. One of the reasons that employers use electronic monitoring at work is productivity concerns (Heathfield, 2013). Employees also monitor the behavior of employees to protect themselves against legal liability associated with the actions of the empl oyees. One of the major cons of using electronic monitoring at work is that it breaks the bond of trust between the employees and the employer and that it can be perceived by some workers as creating a hostile environment at work. Employee drug testing policies have been used in the United States by employers for decades. The reason that companies test their employees for drug usage is that the use of drugs can impair the ability of a person to perform his job duties at work. In some jobs it is outright dangerous to use drugs while at work such as airplane pilots, bus drivers, and operators of heavy machinery. Most people in the United States are in favor of a drug free environment, but society is changing and the perception of the use of certain drugs has evolved. In 2012 the states of Colorado and Washington legalized the use of marijuana for medical and recreational purposes. Corporations operating in these states face an ethical dilemma in regards to their position on marijuana usage. Smoking weed at work obviously should be prohibited, but imposing anti-marijuana policies on their employers during their own hours contradicts the stand taken by the government of these states. Eliminating marijuana from its list of drugs that are tested in drug tests to potential and current employees seems like the logical adjustment to the drug policies of companies in these states. Men and women in the workplace get to spend a lot of time together performing work duties. During this time people talk and get to know each other. From this friendship sometimes two persons get romantically involved. Romance in the workplace is a controversial topic. Most companies prohibit people from having relationships. This policy is justifiable because romance in the workplace can lead to a conflict of interest. A way to keep the employees that get involved in a romantic relationship is by transferring them to different divisions or locations of the company. In regards to honesty testin g in the workplace this topic does not bring too much controversy as most employees visualize these types of tests as socially acceptable. There are different situations in which is inappropriate to monitor the activities of employees. Companies at times enter into labor disputes with the employees and its union. In such circumstances employees may go on strike. During a work strike it is inappropriate for the employer to monitor

Victimless Crimes Essay Example | Topics and Well Written Essays - 2750 words

Victimless Crimes - Essay Example A good example of this train of thought is taken from a Speech at Cornell Law School One needs to completely rid oneself of the voracity for cash to see that prostitution, although legalized, can never be a legitimate business because it will always be associated with crime, corruption, class, mass sexual exploitation and human trafficking." Most commonly the list of activities and conduct proscribed by most repressive legal structures include, prostitution, obscenity, nudity, and incest, erotica (pornography), and sodomy (consensual oral or anal sexual activity). The philosophical basis of this dichotomy of views is profound. To the libertarian side the individual and his or her rights are paramount. Its absolutist position is presented right clearly in the National Platform of the Libertarian Party (adopted at its July 2002 convention in Indianapolis, Indiana) "http://www.lp.org/issues/platform/victcrim.html", which includes, in regards to consensual sexual activity, the language: Victimless Crimes - Because only actions that infringe on the rights of others can properly be termed crimes, we favor the repeal of all federal, state, and local laws creating 'crimes' without victims. In particular, we advocate: the repeal of all laws regarding consensual sexual relations, including prostitution and solicitation, and the cessation of state oppression and harassment of homosexual men and women, that they, at last, be accorded their full rights as individuals; the repeal of all laws regulating or prohibiting the possession, use, sale, production, or distribution of sexually explicit material, independent of "socially redeeming value" or compliance with "community standards Prohibition Curiously enough the prohibitionist side can count under its banner two groups that we might ordinarily considered to be at odds, upholders of traditional religious morality and insurgent feminist ideologues. It is within the categorical dichotomy between these two viewpoints that we must examine to discover a reasonable reply to the primary question given. In our society the traditionalist view posits the society as paramount, the entity calling for the most dignity, respect and consideration. In this way the argument goes a loosening of sexual restrictions will lead to the destruction of traditional marriage and the unleashing upon society of hordes of unattached males who, as everyone knows, are only interested in "one thing". It is particularly in regards to the question of prostitution that this idea is most prominent. The reasoning goes like this: why would a man stay with support and protect a single woman, with all the disadvantages that such behavior entails when he could be free to follow his instincts and enjoy himself without consequence. This viewpoint goes further to claim that the family structure is the primary bulwark of society itself, and therefore prostitution should be prohibited. The feminist take on this approach is a question from and

Fetal Alcohol Syndrome in the Argumentative Offense Essay

Fetal Alcohol Syndrome in the Argumentative Offense - Essay Example It will also explain why the court’s judgment was wrong, and then conclude that it is not right to prosecute the people suffering from this disorder, but instead, allow them to get medical attention. The Canadian court argument that Trott, the defendant, is guilty of the offense of slaying Jessica Russell is invalid. This is because; the defendant has been afflicted by a mental disorder, Fetal Alcoholic Syndrome. This disorder has been medically proved to have several traits among them â€Å"retardation in growth, microcephaly short palpebral fissures, and poorly developed philtrum, damage to the central nervous system, resulting in neurological disorders, developmental delays, behavioral dysfunction and learning disabilities† (Larry & Ella). We all know how this can have drastic effects on the victim’s behavior since he cannot think right. I will therefore argue for the view that, the Defendant actions were due to his healthy condition, and it is with no doubt t hat since he cannot think decently, he did not, at the time of committing the crime, know what he was actually doing. Philosophically, we all know that pressing charges to a person with unsound mind is unjust, and for that reason, fair proceedings should be followed in order to deal with such matters similar the one at hand. My subsequent argument is that, I believe the offender’s plea of guiltiness should be highly put on consideration. This is because; he is not to blame for a condition that is leading him to commit the crimes. If at all there is any one to put the blame on, is the mother, who ignored the fact that taking alcohol in time of pregnancy could cause irreversible disorders to the child. We all understand that this condition of Fetal Alcohol Syndrome is an avoidable situation, but, if only expectant women can be disciplined and responsible enough to avoid taking alcoholic drinks at the time of their pregnancy. Given this argument, by pressing charges to the offen der, he pays for the mistake that was done by his mother, an act that is against the law. Hence, I believe that we should be well informed and be prepared to deal with criminal cases relating to individuals suffering from mental disorder, like in this case of Trott, rather than unjustly taking legal actions against them (Larry & Ella). In addition, I strongly disagree with the accused lawyer, Howard Smith, and how he gave up following the defendant’s pronouncement to plead being on the wrong side of the law. The lawyer thought that since the client was suffering from mental disorder, there is nothing that can be done about the condition (Larry & Ella). At first peek, this is a very alluring consideration. However, the lawyer’s assumption is faulty, for the reason that, the offender’s condition is just but one of the uncountable disorder cases that we have in the community. Therefore, the philosopher’s resigning act on condition that the defendant is suffe ring from Fetal Alcohol Syndrome is not right. This case needs special medical care, rather than assuming that there is nothing to be done about it. I believe that for justice to prevail, we should put the lawbreaker on probation and send him to a proper rehabilitation centre for medication. This is because confining him in the prison is an act that will not improve the

Personal reflection on design Essay Example | Topics and Well Written Essays - 1500 words

Personal reflection on design - Essay Example ve teaching design to pass information across to the target group will aid in the learning process as pupils will be able to grab much of what they are being told (Agostinho, 2006). Moreover, teachers will be able to pursue their careers with much ease as they provide quality education without investing a lot of time. The core purpose of a teacher is to offer quality education to his/her students. This can only be measured through the outcomes of an assessment exercise (McAndrew, Goodyear and Dalziel, 2006, p. 216). I believe that a concerned teacher will offer an assessment exercise to her/his pupils after a lesson to assess how much the pupils have understood what has been presented. Consequently, the teacher’s satisfaction will be attained if only he/she will find out that the pupils have extensively comprehended what was taught. Waters and Gibbons (2004, p. 57) state that a teaching design can be conducted in order to: illustrate the tasks assigned to the pupils, the resources available to the students to assist them in carrying out those tasks and how as their teacher, you are going to offer them support. As a primary teacher I have had to go through a lot of challenges in my teaching career. While in college we were taught on how to prepare prior to conducting lessons (Goodyear, 2005, p. 85). Among the things you have to do before undertaking a lesson is to prepare a simple lesson plan. A lesson plan is to give a teacher a guideline on the sequence of events during the lesson and what he/she has to accomplish at the end of a lesson. During the early years of my teaching career I had problems with preparing a lesson plan because I considered it to be time wasting. With five years of practice in the teaching field, I understand only too well the essential role of a lesson plan (Waters and Gibbons, 2004, p. 61). Dealing with a young mind I have to be very careful with what I do or say. According to Goodyear (2005, p. 101) children in primary schools

The Civic Hybrid Essay Example | Topics and Well Written Essays - 250 words

The Civic Hybrid - Essay Example In the business industry, there are a lot of products available. In order to evaluate the best purchasing alternatives is a good practice to compare similar items from different manufacturers. The products that I’m going to compare are automobiles that are fuel efficient. These types of automobiles are categorized by the media as green vehicles. The three car models analyzed are the Honda Civic hybrid, the Chevy Volt and the Nissan Leaf. The Honda Civic hybrid is a vehicle that combines gas and electric technology. The Civic hybrid has a starting price of $24,050 (Honda). The car gives an mpg rating of 44 miles per gallon. The car is power by a 1.5-liter V-tech engine that incorporates an electric motor for friction reducing and airflow improvements. The car has 110 horsepower.  In the business industry, there are a lot of products available. In order to evaluate the best purchasing alternatives is a good practice to compare similar items from different manufacturers. The pr oducts that I’m going to compare are automobiles that are fuel efficient. These types of automobiles are categorized by the media as green vehicles. The three car models analyzed are the Honda Civic hybrid, the Chevy Volt and the Nissan Leaf. The Honda Civic hybrid is a vehicle that combines gas and electric technology. The Civic hybrid has a starting price of $24,050 (Honda). The car gives an mpg rating of 44 miles per gallon. The car is power by a 1.5-liter V-tech engine that incorporates an electric motor for friction reducing and airflow improvements. The car has 110 horsepower.   The second car featured is the Chevy Volt. The Volt is a hybrid vehicle that combines electric and gasoline technology. The car is very unique because it has different modes that allow for different performance and fuel efficiency. The maximum fuel efficiency of the Volt is 230 miles per gallon. The price of the Volt is $32,780 (Chevrolet). The automobile is power by an electric drive unit wit h 150 horsepower with an 80 horsepower 1.4-liter combustion engine.   The third auto featured is the Nissan Leaf. The Leaf is priced at $25,280 (Nissanusa). The car is powered by an all-electric motor 80 kW A/C synchronous motor with a 24 kWh lithium-ion battery.   The range of one full battery is 100 miles per trip.  

The Normal Distribution and Probability Research Paper

The Normal Distribution and Probability - Research Paper Example The variable of interest, as with any other ratio variable, has a true zero point. That is, it is possible for a participant to not type any word in one minute but may not be able to type any lower than that value. This true zero point is what separates interval level variables from ratio level variables (Agresti & Finlay, 2009, p. 107). Ratio level of measurement is considered the highest level of measurement because many descriptive statistics computations and inferential statistics techniques may be performed on such measures (Cohen, 1988, p. 53). Specifically, it is possible to find the mode (though not applicable on this particular example), median, mean, range, maximum, minimum, and standard deviation for ratio level measures. This variable is normally distributed because the values that it takes may be scattered on a plot, approximating a symmetric bell-shaped curve (Kazmier, 2004). That is, the graph is more concentrated on the central values and symmetrically decreases on both side of the bell-shaped graph. This is possible because more people can type the â€Å"average† range of values for words per minute and as these values go to the extremes (whether extreme high or extreme low), fewer people fall into those values. In terms of central tendencies, it is to be expected that the mean, median, and modal value for number of words typed per minute would be most likely the same value (Agresti & Finlay, 2009). Furthermore, since the sample size is quite large, normal distribution of data points almost always follows (Rubin, 2009). In a normal distribution, the probability value of a particular score is the likelihood of that score occurring in the sample data (which may be carried over to the population). In this particular example, it is the percentage of participants that typed a particular number of words per minute. Moreover, a