Wednesday, November 27, 2019
Problems Caused by Chinas Three Gorges Dam
Focus Statement The purpose of this study is to offer an objective exploration of the environmental, socioeconomic, health, archeological and geological problems resulting from the construction of The Three Gorges Dam across The Yangtze River as well as to offer possible mitigation measures of the problems caused by the dam.Advertising We will write a custom annotated bibliography sample on Problems Caused by Chinaââ¬â¢s Three Gorges Dam specifically for you for only $16.05 $11/page Learn More Interest Rationale The choice of The Three Gorges Dam as the focus of this study was informed by two main factors. Foremost, the Three Gorges Dam is the biggest hydro-electric project in the history of mankind with obvious environmental and social ramifications. According to Gleick, the dam is about 20 meters high, with a 40 million cubic meters volume and has a reservoir capacity of 40 billion cubic meters (Gleick 140). It is expected that its power generation capacity will attain a potential capacity of 22,000 MWe point at completion, which is currently the highest in the world (Gleick 140). On the financial front the total cost of putting it up has been so enormous that no conclusive estimate can be arrived at (Gleick 141). Considering the total number of subsidiary projects that have come up as a result of its construction, the unofficial expenditure the government has had to foot and the extent of less obvious expenditure such as official corruption, social disruption, ecological and archeological losses, any attempt at comparing the initial financial estimates with the eventual actual cost becomes impossible (Gleick 141, 142). Secondly, while development projects of significant size always end up being a source of controversy, the Three Gorges Dam has been the source of an unusual uproar of conflicting opinions ever since its idea first came into being in 1919. The Three Gorges Dam Projectââ¬â¢s conceptualization and eventual exec ution has been the subject of a host of factors ranging from differences in policy between successive governments. Issues of interests include; floods of 1949 and 1954 that encouraged the government to hasten the implementation of the project due to its intended capability to control floods; economic market reforms that resulted in a need for more energy to drive Chinese economic growth and the local and international criticism and protests from human rights and environmental activists who saw the project as a huge affront to both nature and human rights (Ponseti Jordi 154).Advertising Looking for annotated bibliography on ecology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Jackson and Sleigh conclude that the dam always elicits either one or both of the following reactions from everyone who first hears of it: ââ¬Å"awestruck interest or passionate disapprovalâ⬠(2). It is not a wonder therefore that it has through out its unusual ly long history been the object of a world wide campaign of condemnation and criticism. Western media has been noted to be especially vocal regarding the demerits of dam, probably echoing the cautionary stance adopted by their national governments. For instance, in 1995, a year following its construction, the United States Government withheld credit to American firms which expressed interest in the contracts the dam project offered (Lewis). It is this controversy that makes a study of this sort completely necessary. What interests me about this topic? The Three Gorges Dam was of interest to me due to the following reasons; as explained above, the magnitude of the project itself and the controversy it raised. In issues of great controversy, objectivity becomes hard to achieve and the truth consequently quite hard to determine. Truth formed my most primary motivation. At the same time, the dam offered a good opportunity to assess the viability of large hydro-electric dams. Boundaries of the Research The research made use of secondary data from studies based on the social, economic, archeological, health and geological consequences of the Three Gorge Dam project carried out between the years 1994 and 2012. Methodology Due to the richness of data that the Three Gorges Dam project presents, the observational case study research design and use of secondary sources such as literature review will be the research approach that will mostly be used. How is this topic connected to what I have read or experienced? Since this task directly relates to my field of learning, I am anxious to learn what the impact of Three Gorge Dam has to the environment and to people social life. What I know Hydro-electricity is the second largest source of power in the world and is believed to be environment friendly and sustainable. The Three Gorges Dam is the largest hydro-electric dam in the world and has been the subject of the greatest hydro-electric related controversy ever.Advertising We will write a custom annotated bibliography sample on Problems Caused by Chinaââ¬â¢s Three Gorges Dam specifically for you for only $16.05 $11/page Learn More What I want to know Have there been social, economic, environmental, geological and health problems caused by the Three Gorges Dam and other similar projects? What has been the extent of these effects? Does the Three Gorges Dam therefore make a viable and worthwhile project? Is hydro-electricity the saint in has been believed to be? How did I choose my sources? Numerous studies have carried out on the Three Gorges Dam. Those chosen for the purpose of this study were the ones that focused on the consequences of the dam on the social, economic, archeological, and health fronts. I relied on the school library e-journals database to search for relevant sources by using ââ¬Å"Three Gorges Damâ⬠as the search term and chose the most relevant hits that I got. Annotated Bibliography Ponseti, M. , Jordi L. ââ¬Å"The Three Gorges Dam Project in China: History and Consequences.â⬠Revista, 4 (2006): 152-187 The paper gives a rare insight into the scope of archeological loss that will be occasioned by the building of the dam. According to this study, the area to be inundated by the construction of the dam presents the heritage of a number of prehistoric cultures. More than 1,282 prehistoric sites and all the artifacts they contain will be submerged under the damââ¬â¢s reservoir. Prior to its approval, the dam project was analyzed by a panel of various experts according to this study and no opposition to the construction of the dam on the basis of the destruction of cultural heritage was presented. As such, the value of cultural relics eventually lost cannot be quantified or valued. The paper also posits that the complete change of topography envisioned by the completion of the dam would lead to the loss of such heritages as ancient battle fronts as well sceneries that served as inspirations to ancient works of art and literature would have been submerged. At the same time though, the paper reports, the excavation undertaken during the construction of the dam nonetheless resulted in the gathering of a significant amount of information regarding prehistoric cultures that occupied the Yangtze River valley such as the Ba.Advertising Looking for annotated bibliography on ecology? Let's see if we can help you! Get your first paper with 15% OFF Learn More International Rivers Network. ââ¬Å"Human Rights Dammed Off At Three Gorges: An Investigation of Resettlement and Human Rights Problems In The Three Gorges Dam Project.â⬠2003. Web. http://www.internationalrivers.org/files/3gcolor.pdf This paper carries an assessment of the Chinese resettlement policy in the Three Gorges Dam and compares it with international resettlement standards. Using qualitative data collected in five of the counties that are most affected by resettlement for the Three Gorges Project. The study finds the dam project wanting in its settlement policy in various aspects summarized as (1) the lack of engagement of the affected population by the Chinese authorities; (2) the compensation for demolished houses being based on outdated rates; (3) the unavailability of land and jobs previously promised to displaced persons; (4) the diversion of resettlement funds to unrelated projects by the authorities; (5) the use of excessive force to quell protests demanding th e amelioration of resettlement related grievances (6) along with other discrepancies between Chinese and international resettlement standards. For these reasons recommendations are offered as mitigation measures for the resettlement problems resulting form the construction of the dam. The paper finally offers such recommendation as resettlement and rehabilitation of all displaced people; the establishment of grievance channeling mechanisms and the engagement of independent consultants to monitor resettlement among others. The paper therefore offers viable solutions to the social catastrophe that the Three Gorges Dam presents. Jiaqi, L. ââ¬Å"The Impact of Chinaââ¬â¢s Three Gorges Project: An Evaluation of Its Effect on Energy Substitution and Carbon Dioxide Reduction.â⬠1998. Web. http://www.american.edu/spa/publicpurpose/upload/The-Impact-of-China-s-3-gorges.pdf. One of the rationales offered by proponents of the Three Gorges Dam project is that in the damââ¬â¢s absence , China would have to rely on the worldââ¬â¢s most environmental unfriendly fuel: coal. This study offers a rare insight into the notion that hydro-power constitutes the clean sustainable power source it is believed to be and whether the Three Gorges Dam can solve the two main problems it was designed to address: reduction of thermal electricity generation and the reduction of carbon dioxide emissions. Though credited with being relatively environmentally clean, hydro-electric power still does contribute towards global warming through the release of CO2 and methane into the atmosphere. These gases are produced by the decomposition of accumulated vegetation in reservoirs. China projects that by constructing the dam, it would avert 100 million tons of carbon dioxide, 2 million tons of sulfur dioxide, and 0.37 million tons of nitrogen oxide according to this source (Jiaqi). Until now, no reliable study has yet been carried out to assess whether these projections bear any truth. The research found out that the damââ¬â¢s actual power generation performance falls short of expectation due to factors such as siltation and water scarcity resulting from droughts. The role of the dam, while originally meant to be a substitute of thermal generated energy, has rather turned out to be that of a complement of coal as a source of energy. Thus, the dam does not live up to the expectations suggesting that it was not worth the massive investment it presents. Jackson S., Sleigh, A. ââ¬Å"Resettlement Issues of Chinaââ¬â¢s Three Gorges Dam.â⬠à Economic Issues, 1998. Web. http://espace.library.uq.edu.au/eserv/UQ:10487/ei_2_98.pdf This study makes a prediction of immense significance regarding the eventual social consequences of the Three Gorges Dam project. Through a thorough analysis of the population that the construction of the dam sought to displace and a consideration of the attendant factors inherent in involuntary displacement of people, the paper offers in- depth insights into the potential social consequences of the dam. These predictions were based on the application of credible models of voluntary and involuntary human resettlement. The gravity of the issue of resettlement in the Three Gorges Dam project is magnified by the apparent disinclination of the Chinese government to engage with and address the genuine concerns of local inhabitants. The study states that the Chinese government was also seemingly incapable of raising sufficient funds to adequately handle the resettlement programs even without offering the displaced population any financial incentives. As a matter of fact, the paper stated, a third of the total cost of building the dam was yet to be secured; issues of lack of transparency regarding the use of resettlement funds were also of great concern. Even in cases of ideal involuntary human resettlements, the paper asserts, doubts still linger regarding eventual expected social and economic outcomes. Considering all the above factors, the paper predicts that Chinaââ¬â¢s largest involuntary human resettlement in peace time is likely to result in social unrest. Mackie, T., He, M. ââ¬Å"COEH Final Report: Public Health Impacts of the Three Gorges Dam Reservoir: A Preliminary Survey of the Three Gorges Dam.â⬠Centre for Occupational and Environmental Health Student Project Award Program. 2005. Web. http://coeh.berkeley.edu/docs/student_award/Mackie_proposal.pdf. The rationale for carrying out of this study was that the dam was expected to change the ecology and hydrology of the Yangtze River in many ways. These changes would present many potential health concerns for the population around the resultant reservoir. By analyzing water samples from seven locations along the 700 kilometer reservoir, this study sought to assess the premise that the dam posed health risk to the population inhabiting areas around the reservoir. The study sought to analyze water samples for the presence of cyanobacter aia which is linked with such complications as liver damage, gastro-intestinal disorders and neurological impacts. The study found out that cyanobacteraia did exist in the water therefore posing a health risk to those who were exposed to water from the reservoir. The presence of these algae was as a result of the slowing down of the original velocity of the Yangtze River by the dam. It was also the direct result of the increase in water temperature and increase in organic materials in the river, both factors bearing a direct link to the construction of the dam. The study also found out that the risk of the populationââ¬â¢s exposure to the reservoirââ¬â¢s water was real through such means as fishing, recreation and drinking. The findings of this study show that more comprehensive studies should be carried out to ascertain there arenââ¬â¢t more health risks posed by the dam. Synthesis The studies cited above provide a good picture of the problems emanating from the constructi on of the Three Gorges Dam. Generally classifying these problems into categories such as health, archeological, social-economic and environmental, a single strand of truth does shape from all of these sources. A consideration of independent arguments presented in each show that there are indeed significant shortcomings to the dam raising questions as to its overall worth. Most importantly, the clear exploration of the oversights leading to these problems from divergent points of view offers valuable literature for future dam projects. Similar themes can be drawn amongst the sources cited. For instance, both International Rivers Network and Jackson and Sleigh studies focus on the human resettlement aspect and thereby drawing similar conclusions. The strongest theme though, running in all sources selected is proof that the dam project could have benefitted from a more thorough cost-benefit analysis and a more open and transparent implementation process. Additionally, Mackie and He thr ough their analysis of the Three Gorges Dam reservoir water have shown that there are real health concerns by confirming the presence of cyanobacteraia in the Yangtze River. Jackson and Sleigh, drawing their arguments from the history and general principles of involuntary human resettlement, and the peculiarities of resettlement policy of the Three Gorges Dam project, predict that social unrest is a very probable eventuality as a social consequence of the dam project. Jiaqi concludes that the dam might not be realizing its goal of helping to significantly reduce Chinaââ¬â¢s greenhouse gas emissions by replacing thermal power sources. The dam, the study found out, could actually itself be a significant emitter of these very gases. International Rivers Network concludes that unless mitigating measures as the ones recommended are taken, the dam project could easily become a human rights catastrophe. Lastly, Ponseti and Jordi posit that the value of the archeological heritage lost as a result of the dam project is so huge to ever be estimated. Works Cited International Rivers Network. ââ¬Å"Human Rights Dammed Off At Three Gorges: AnGleick, Peter. ââ¬Å"Three Gorges Dam Project, Yangtze River, China.â⬠Water Briefs, 3 (1993):139-150. Investigation of Resettlement and Human Rights Problems in the Three Gorges Dam Project.â⬠2003. Web. http://www.internationalrivers.org/files/3gcolor.pdf Jackson, Simon Sleigh, Alex. ââ¬Å"Resettlement Issues of Chinaââ¬â¢s Three Gorges Dam.â⬠à Economic Issues, 1998. Web. http://espace.library.uq.edu.au/eserv/UQ:10487/ei_2_98.pdf Jiaqi, Luam. ââ¬Å"The Impact of Chinaââ¬â¢s Three Gorges Project: An Evaluation of Its Effect on Energy Substitution and Carbon Dioxide Reduction.â⬠1998. Web. http://www.american.edu/spa/publicpurpose/upload/The-Impact-of-China-s-3-gorges.pdf. Mackie, Timon He, Mack. ââ¬Å"COEH Final Report: Public Health Impacts of the Three Gorges Dam Reservoir: A Preliminary Survey of the Three Gorges Dam.â⬠Centre for Occupational and Environmental Health Student Project Award Program. 2005. Web. http://coeh.berkeley.edu/docs/student_award/Mackie_proposal.pdf. Ponseti, Marl Jordi, Lipin. ââ¬Å"The Three Gorges Dam Project in China: History and Consequences.â⬠Revista, 4 (2006): 152-187 This annotated bibliography on Problems Caused by Chinaââ¬â¢s Three Gorges Dam was written and submitted by user Alexandra Hooper to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Sunday, November 24, 2019
Bipolar Illness and Creativity
Bipolar Illness and Creativity In his article, Albert Rothenberg (2001) focuses on the relationship between such variables as creativity and bipolar illness. Overall, I find this work very informing and thought-provoking. The author argues that bipolar disorder does not increase creative abilities of an individual (Rothenberg, 2001, p. 144). He demonstrates that there is little or no dependence between these variables.Advertising We will write a custom essay sample on Bipolar Illness and Creativity specifically for you for only $16.05 $11/page Learn More This article can be very useful to therapists and patients. People should remember that bipolar disorder can be a very dangerous illness that is more likely to harm the creative capacity of an individual, rather than promote it. In my opinion, Albert Rothenberg provides very convincing and interesting examples in order to illustrate his viewpoint. On the whole, this article raises many questions that researchers and therapists should cons ider. First of all, the author believes that the connection between bipolar disorder and creativity may be very difficult to determine (Rothenberg, 2001, p. 131). Therefore, researchers should understand how the connection between these two phenomena can be best examined or measured. They have to choose the methods that ensure the validity of results; otherwise their studies may be of very little use. Secondly, Albert Rothenberg says that people, who are engaged in creative activities can be more vulnerable to mood disorders (2001, p. 132). Therefore, therapists should think of how they can best help such patients. Probably, there is an approach that works most effectively for such people. Finally, the author mentions various famous artists or writers like Van Gogh or Virginia Woolf (Rothenberg, 2001, p. 132). In many cases, their psychological problems were diagnosed on the basis of their diaries or other autobiographical records. The question arises whether such records can used f or the purposes of psychiatric diagnosis. One should determine the extent to which they are reliable. This article can have significant implications mostly for the field of psychology. Overall, this work can raise higher standards for psychologists who study the relationship between mood disorders and creativity or intelligence. As it has been said before, they have to develop more complex methods that can either prove or disprove the relation between bipolar illness and creative talents. The development of such methods can be a very challenging task. Secondly, people, who are not professional psychologists or psychiatrists, will have to be more aware of about the dangers of mood disorders. The author eloquently illustrates the point that psychological disorders can and should be treated.Advertising Looking for essay on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More There is no reason to associate creativity or im proved performance with mood disorders. Such an approach is hardly permissible from ethical and scientific standpoints. Patients should reject the stereotype according to which bipolar disorder and schizophrenia are conducive to intelligence or creativity. On the whole, patients should be encouraged to seek treatment even if they do not want to. First of all, therapists should explain patientââ¬â¢s creative skills have nothing to with bipolar disorder or illness. Secondly, without treatment their emotional state can only deteriorate. In their long term, their career and relations with other people can be threatened (Rybakowski, Klonowska, PatrzaÃ
âa, 2008, p. 37). These are the main reasons that counselors should give when talking to people who may have bipolar illness or other diseases. Certainly, it is unethical for force such people into treatment, but therapists should at least peoplesââ¬â¢ awareness about the dangers to which they are exposed. Reference List Rothenberg , A. (2001). Bipolar Illness, Creativity, and Treatment. Psychiatricà Quarterly, 72(2), 131-147. Rybakowski, J., Klonowska, P., PatrzaÃ
âa, A. (2008). Psychopathology and creativity. Archives Of Psychiatry Psychotherapy, 10(1), 37-47.
Thursday, November 21, 2019
Learning Plan for Autistic Children Assignment Example | Topics and Well Written Essays - 3000 words
Learning Plan for Autistic Children - Assignment Example One of the most common conditions in the category of developmental disorders is called autism. Autism is characterized by different kinds of improvement in the verbal and non-verbal communication mastery, social interaction, self help and playing skills as well as academic (intellectual) and cognitive skills. Other observable traits include limited repetitive and extreme patterns of behavior (Boyd, R.D. & Corley, M.J. 2001, 19). It is therefore imperative that the curriculum as well as other aspects of learning the designed in such a manner as to wholly meet the needs of these children. This section examines the learning needs of an autistic child and the theories that form the basis of select learning environments with the view of creating a most apt learning environment for specific special needs of a child. There are several groups of children with special learning interaction and communication needs. These conditions may include inherent conditions such as Autism, Aspergers syndrome, Down syndrome (Autism Spectrum disorders) and various physical impairments that include, hearing disorders, blindness and dumbness. Children who are born with or who develop these conditions are faced with a myriad of challenges in relationships as well interpreting, understanding the world around them. They lack the ability to communicate effectively. Autistic children seem to be in a world of their own and are not able to make out meanings of verbal and non-verbal communications such as gestures, facial expressions, physical contacts and even words spoken by people. (Anderson et al 1987, 352-366). Their semantic skills are disoriented and they seem to be indifferent about what is going on around them and even the people who are trying to interact with them. Their behavior does not match their feelings and interacting or relating with other people becomes very difficult if not impossible. For instance, an autistic child will see another child with a toy and since the autistic child cannot express him/herself and as such cannot let the other child know that she would want to play with the toy, the only option left for the autistic child is to grab the toy by force. Autistic children's needs are hardly understood by most people around them and therefore are not acted upon on time. This can be a cause of frustration to the child and lead to antisocial behavior such as acts of violence. It can also frustrate the other party who do not understand the autistic child's behavior interprets the behavior in the wrong way. This therefore, results in a conflict because other people not in the special group category cannot comprehend autistic people therefore not able to meet their need appropriately. Autistic children have difficulties learning different words and may not show any response when words are spoken to them. Due to the these developmental disorder autistic children usually lag behind in developing self help skills such as toileting skills, eating, dressing themselves and even playing skills (Beukelman, D. & Miranda, P. 1998, 129-34). They tend to be obsessed in arranging things in a
Wednesday, November 20, 2019
Comparison Report Target and Wal-Mart Research Paper
Comparison Report Target and Wal-Mart - Research Paper Example Nonetheless, appropriate use of social media might turn out to be highly advantageous to a company. There are different forms of social media; but Facebook remains the most popular social media channel among people today. Therefore, most companies have adopted this as a platform for their communication with customers. Through Facebook, a company can post videos and photos of their products, address the concerns of their customers, and target new customers. For these reasons, companies have signed up for Facebook, by creating their Facebook pages. This paper compares and contrasts the Facebook pages of Target and Wal-Mart Companies. Walmart is the worldââ¬â¢s largest retailer, which operates 10 773 stores across the globe. With over 2.2 million employees, including full time and part time employees, Walmart ranks as the biggest employer. In addition, this company is known for its low pricing and wide selection of products. The sales of Walmart are known to increase each fiscal year . Walmart utilizes different communication strategies, including television, radio, internet, and direct mail. The main message Walmart passes to customers is the value they will have, if they shopped in Walmart stores Graf (n.d). With regard to internet, Walmart utilizes social media, as a communication tool with customers. ... The high number of likes for this company page shows the level of popularity of the company. On the other hand, Target, which is also headquartered in the U.S.A, specializes in consumer goods and consumer services. This company, unlike Walmart, primarily serves the U.S.A market, and has 1 763 stores. Target puts emphasis on merchandise style and the store design, unlike Walmart, which emphasizes on low prices Graf (n.d). However, like Walmart, Target also utilizes social media as a communication strategy. This company too has a Facebook page, which it uses to reach out to its customers. However, there are major differences in the ways Target and Walmart uses Facebook as their communication strategy. One of the main differences between the Facebook page of Walmart and Target lies in the number of followers. For Walmart, there are more than 30 million followers. On the other hand, Target has a close to 22 million followers. Therefore, this means that Walmart is more popular among the F acebook community, as compared to Target. On WalMartââ¬â¢s Facebook page, different products are advertised. Additionally, customers post about their concerns and different issues, which they need to be addressed. These posts then receive response from the administration of the page, as well as other fans of the page. In addition, various events, promotions, and competitions by the company are posted on the page to make customers aware of them. On the other hand, Target also uses its Facebook page to advertise its products, promotions, and events, as well as customer concerns. Walmart has developed different Facebook pages for its different stores. This way, it is easier to address the concerns of customers of a specific store. In addition, unlike Target, Walmart has developed strict
Sunday, November 17, 2019
Knowledge Management Foundations of IT Systems SLP Research Paper
Knowledge Management Foundations of IT Systems SLP - Research Paper Example SAP stands for Systems, Applications and Products in Data Processing and was founded in 1972 and it is the biggest provider of business applications. The applications offered by SAP crystal solutions are used by organizations and businesses in analysing, interpreting and presenting information. The process of creating new information in organizations is made easy by using the applications offered by SAP solutions. Bogorad (2010) states that data are discrete facts about objects and events which are necessary in the business system but have little significance on their own. There is need for the data to be interpreted and analysed and the SAP tools can be used in organizing the data to enable easier analysis and interpretation. After the data is organized with a specific purpose in mind it becomes information and this is used to make decisions. The SAP tools organize data into useful information. The SAP crystal reports software is an application that is used to design reports which a re interactive and connects them to virtually any data type (SAP crystal reports, para.1).This is a useful tool as it can help the employees to recognise patterns and be able to make accurate decisions based on accurate predictions from the reports.
Friday, November 15, 2019
Corporation Law Case Study
Corporation Law Case Study 1. What common law duty and statutory duty if any has Julian breached? In the case involved, Julian had definitely breached his common, as well as statutory duties as a Director of Property Developments Ltd when he intentionally disclosed a confidential information, the bidding prices of various interested architectural firms, to his brother Raphael. More so, his failure to disclose to the Board that Raphael who will submit a tender is an act of dishonesty and bad faith. Common law provides that due to the fiduciary role of directors in the company, they have a duty not to abuse any confidential information that they knew or acquire as a consequence of their position. In Thomas Marshall (Exports) Ltd v Guinle [1979] Ch 227., the Court states that it is a breach of duty if a Director would be disclosing details of the companys clients or suppliers in situations where such information would be considered to have been given in confidence. That in the case sample, it was clear that Julian who was in charge of the tender process, intentionally discloses the bidding prices of the various interested firms so that his brother could make a better bidding price. More so, Julian also violated Section 183 of the Corporations Act 2001 Use of Information. Under the said proviso, it states that: A person who obtains information because they are, or have been, a director or other officer or employee of a corporation must not improperly use the information to: (a) gain an advantage for themselves or someone else; or (b) cause detriment to the corporation. A person who obtains information because they are, or have been, a director of a corporation must not improperly use the information to gain an advantage for themselves or someone else, or cause detriment to the corporation. (s 183 Corporations Act 2001 (Cth)). Another duty that Julian breached is his failure to disclose that his brother will submit a tender whom he initially informed of the bidding prices of his brothers counterparts. Directors have a duty not to have a personal interest in a transaction with the company. A director will breach this duty where he or she enters into a contract with the company either directly (by personally contracting with the company) or indirectly (such as where the director is both a director and shareholder of another company which contracts with the first company of which he/she is a director).[1] Another qualification to the duty to avoid conflicts of interest is where a director makesà fulldisclosure of the nature of his or her interest in the transaction to members of theà company at a general meeting, and the transaction is approved by ordinary resolution.[2] Julian breached his duty to act in good faith because he leaked the information to his brother and did not disclosed his relationship with Raphael to the Board. 2. What common law or statutory duty have Sol and Daniel breached? A director or other officer of a corporation must exercise their powers and discharge their duties with the degree of care and diligence. (Section 180-Corporations Act 2001). Directors are required to make an informed and independent judgement on decisions put to the board of directors[3], and are required to place themselves in a position to guide the company and monitor its management.[4] As directors, Sol and Daniel should have verified or put queries to the proposed land to be acquired by the company. It is their basic duty to know the value of the land and how to finance the acquisition as the interest of the company is at stake in the situation. In Land Credit Company of Ireland v Lord Fermoy, 771, Lord Hatherly states, it would be carrying the doctrine of liability too far to say that directors are liable for negligence, not because they did not ask whether [the borrowers] were solvent and respectable, but because they did not inquire what they were going to do with the money. Applying the afore stated doctrine, it laid that Sol and Daniel failed to observe their common and statutory duty to act with care and diligence. 3. If the directors have breached their duties do any of them have a defence and if not what are the consequences for them? Julian can be slapped with civil and criminal charges because of his acts. In the case sample, he breached his duties to act in good faith, not to make improper of position and not to make improper use of information. Julian can hardly have a defence on his side if his acts are discovered. As to Sol and Daniel they can be charged with civil offense for acting without care and diligence. However, both can make a defence that they did not acted in bad faith as they are in honest belief that the deal was proper and most importantly it did not put the company into disadvantageous position. If proven guilty, Julian, Sol, and, Daniel could be fined up to A$ 200,000.00, or ordered to be disqualified as director as their civil liabilities. As to the criminal liability of Julian he could face an imprisonment up to five (5) years or a fine of A$ 200,000.00 or both. References Corporations Act 2001 pwc.com.au. A guide to directors duties and responsibilities for non-listed public companies and proprietary companies in Australia Ian M Ramsay 1997, Corporate Governance and the Duties of Company Directors. The Centre for Corporate Law and Securities Regulation Faculty of Law The University of Melbourne [1] South Australia v Clark (1996) 14 ACLC 1019. [2] Woolworths Ltd v Kelly [1991] 22 NSWLR 189 [3]AWA Ltd v Daniels (t/as Deloitte Haskins Sells) (1992) 7 ACSR 759 [4] Daniels (formerly practising as Deloitte Haskins Sells) v Anderson (1995) 37 NSWLR 438
Tuesday, November 12, 2019
My Writing is My Voice :: Teaching Writing Education Essays
My Writing is My Voice For the longest time, I really did not know who I was. Not that I was confused about who I saw in the mirror, but I had know idea why I thought the way I did about things. Science had always interested me. Animals have such a unique character created out of the need for survival. They are not influenced by outside pressures to conform. I made the decision to study them for the rest of my life. But I really did not know what separated me, as a human, from my cat. The school systems and church tried to give me explanations. They encompassed the fact that I think logically, have problem solving skills, emotions, and make decisions based on these emotions. Animals did not have these abilities and this separated them form us. But the education started to contradict itself. After being exposed to a vast majority of animals, I saw abilities that humans cannot posses. Some can fly, breath underwater, and exist in climates where humans cannot without artificial devices. Humans cannot survive winters without clothes or travel the oceans without boats. The system was lying to me. Animals could adapt and think quite well. We were not better, just different. This made me lose faith in the system and I began to take up independent thought. Because I thought I should be a truly independent thinker, I believed that everything I knew was a product of my own discovery. Within my own mind, everything was the way it was because I thought it. The rest of the information in my head was only a bunch of stuff set up by society for me to learn. When I left my small town of Big Lake after graduation, I was in search of a higher education. Where? A university of course! I rushed into the world of undergraduates with hopes and dreams of someday being able to explain a reason for everything. But I did not want to do it in the same fashion the system was requiring it. They made the rules and I was supposed to follow them. I did not like what they had to say. I questioned most everything. There were disciplines though that I did not question. Physics, biology, and chemistry existed long before humans. I have already seen them in nature. Nature itself was proof enough to believe in their validity.
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