Directors Duties Problem Question

Directors Duties Problem Question The establishment of Shine Ltd was with the sole intent to produce industrial solvents and cleaning solutions. Appointment of the office of managing director was given to John to cover that post. During this course, the company acquired an agreement with XYZ plc a conglomerate. While still under the directorship of John the company came up with a new super glue. In his capacity as a director, he presented this to the manager with the hope that it would be supported, and the production would continue since he felt it would be a lucrative business. The board of trustees were however of a different opinion, and they ended up rejecting the project. The managing director of XYZ plc is a friend of John, and so he disclosed their intentions not to renew their contract with Shine Ltd. Their reason was that the partnership had not born as much success as they had hoped. He would, however, continue his dealings with John if only he were not attached to Shine Ltd. With this in mind, he resigned and instead formed his company, Flush Ltd. A company that later partnered with XYZ plc. The company also took up the project of manufacturing the glue Shine Ltd board of directors had rejected, and it has proved very profitable. The corporate opportunity dictates that the director is not allowed to take for themselves any business opportunity that otherwise would have been beneficial to the corporation. It falls within the fiduciary duty of loyalty applications. The conditions in the act are clearly stipulated. It becomes limited to the Director, officers, and controlling shareholders (Esser, 2007). The act specifies that it is applicable whether the transaction harms the corporation. That is to say should the director go against this rule in the process make the cooperation benefit it does not mean he gets exempted from having broken particular law. The other part of this rule is that the corporation should not have obtained information regarding the opportunity that was presented. In the case where the board is aware and declines to take the opportunity then the fiduciary would take the opportunity for himself. Should the rule apply however the corporation becomes entitled to the profit earning for the fid uciary from the transaction? Having considered all the activities that took place in case study this particular rule might not apply to John. While being the director of Shine Ltd, he took the idea to the board of trustees and following the rules stipulated in the Company act that would have been his responsibility. In this case, both John and the board of directors were aware of opportunity yet the board choose to ignore. With this in mind, it then becomes apparent that the opportunity would now belong to John. However, that does not mean that he gets to walk (Lowry, 2009). Section 170 deals with the responsibility of the director of an organization. In as much as they are given the top most job, this section dictates what is expected of them from the daily operation of the group. Section 174 deals with the responsibility of the director to exercise care, skill and diligence. Their knowledge needs to be such that they are helpful to the organization. The manager has to handle the activities of the organization about his or her skills in that position. A factor also emphasized in Section 175. The part worth highlighting would be the second rule that specifies that it would be in conflict of interest to exploit information or opportunity gotten as a result of the position they hold in the company. Section 176 talks about Duty not to accept benefits from third parties. Of note is the second part where the aspect of the third party gets explained into details. Anyone who falls within the organization as a partner of an associate falls within this section. S ection 177 deals with the responsibility of the organizations director who might find himself in a conflict of interest. He has to offer the board with a declaration letter to announce the presence of a conflict of interest before they get to discover on their own. Section 178 deals with the consequences of a breach of duty. It highlights that the section 171 to 177 having the same kind of punishment should the director have breached that contract. However, section 174 makes the management have an open idea concerning what can pass as a breach of contract since it is a section open to interpretation. Section 180 deals with the parts that can be considered to be in a position to assume. Having examined the effects and the position that they take make them be applicable or be ignored depending on the location. Examining the case studies the duties mentioned above of the director were never fulfilled by John in his capacity as director of the organization. He stands liable for all accounts of the negligence of functions of the Director. He exploited the chances that they had to make better the body and instead used this privilege to gain as an individual. The company is on the right to take legal action concerning the negligence of duties as director. The seems to be a violation of the equitable principle. That means that the data collected from the manager was wrongfully acquired. The breach of confidence in the English law gives room for a person to claim compensation for the violation of trust. The responsibility of the manager to have the clause of confidence falling within his doctrines translates to having a civil complaint. The rule applies specifically to situations where it would be unfair should the information be revealed. There exist three very fundamental aspects that would determine if a breach has taken place. Before ruling out that the case is worth being given a civil claim the three rules need to get approved to have existed. The information that is being shared should contain a certain degree of confidence. That is to say, it gets classified as being confidential. The provision of the information falls into the category of imposing on the application of obligation confidence. The information received was unautho rized when being used (Payne, 2008). Considering the case study provided it is clear that the above conditions were all fulfilled. Working as the director of Shine Ltd the information that he shared with his friend would best fit this category. The information should not have been disclosed to anyone since the company owned it. While the information was being given he was working as the director of Shine. While there seems to be no documentation on the issue of permission to use this product for profit. Lack of proper authority to present the solution in this case ruling out the possibility that the process was ever legal (Payne, 2008). Section 178 talks about the enforcement of the laws that govern the directors duties. In cases where the company has incurred losses due to the actions of the director then he becomes liable as a person. The director is to be made to restore the property of the company should he have lead to the destruction of any other property under his care. The director will have to account for any of the other profits they might have made while using the secrets acquired from the organization. It, therefore, becomes necessary for the board of directors to take into account section 178(2) when dealing with John (Sheikh, 2013). The director should defend himself on the grounds that he had presented the idea to the board and he had been told it would not be approved. In as far as production of the product it was well in his duty in accordance with section 174, and 175 to take up the deal for himself. When coming up with the verdict for the case study it will be prudent to consider the case of Cooley. In his capacity in the company, he exploited the information he got from the company for personal gain. His conditions, as presented, make a clear example of the exact position that John is in with his company. Following the verdict passed in the case of IDC v Cooley (1972), John should be found guilty of misuse of office and as such ought to pay the profits from the contract. It becomes irrelevant that his actions were not causing the company to lose the deal. The rule of conflict of interest stems from the fact the one might have exploited an opportunity that was rightfully in breach of his position. The opportunity might have gotten it in a way that is legal. The position John held concerning the company gave him the upper hand in the acquisition of the project. He is liable for damages regarding the section of the act that touches on conflict of interest. Following the verdict of Regal (Hastings) v Gulliver, (1942) John should be held liable for his choices. He should pay the company for the damages he inflicted using his profits he accumulated in the project that he got from the deal. The formation of Flush Ltd was for the sole purpose of making sure that the start of the contract with XYZ plc. John created a legal person as a shield against the legal actions with his former company. The action he took the lead to the company losing some of its clients and its long-time partner. All this he did knowing full well that his responsibilities to Shine Ltd would not allow him do what he was doing. The board of shine Ltd should also look into pursuing a lawsuit against Flush Ltd. The reason being that they have violated their position and in the process acquired some of its clients in the process. Following the case of Gilford Motor Co v Horne (1933), the court should grant an injunction against the company from soliciting Shine Ltd clients. References Ashraf, T. (2012). Directors duties with a particular focus on the Companies Act 2006. International Journal of Law and Management , 125-140. Esser, I. M. (2007). The stakeholder debate and directors fiduciary duties. SA Mercantile Law Journal= SA Tydskrif vir Handelsreg , 346-363. Keay, A. (2007). Tackling the issue of the corporate objective: an analysis of the United Kingdoms enlightened shareholder value approach. Sydney L , 577. Lowry, J. (2009). The duty of loyalty of company directors: bridging the accountability gap through efficient disclosure. The Cambridge Law Journal , 607-622. Payne, J. (2008). Legal Capital and Creditor Protection in UK Private Companies. European Company Law , 220-228. Payne, J. (2008). Legal Capital in the UK Following the Companies Act 2006. Sheikh, S. (2013). A guide to the Companies Act 2006. Routledge.

Locus of Control vs Quality of life Essay

The locus of control measures the rational one has on how they assess the nature of cause and effect in their life. Studies show that the measure of control one interprets they have on the incidents in their life the better quality of life they lead. This is the core concept of the relationship between locus of control and quality of life, as well as the main topic of debate for many scholars. In his study† Community Correlates of Outcomes in Subjects with Panic Attacks†, David A. Katerndahl utilizes structured interviews of randomly selected adults from 18 different census tracts to measure the way they perceive their lives. All of those studied are college students, and lack of control directly correlates with stress. Oddly enough, the stressors that apply to these students tend to be some of the same stressors that apply to the lives of everyday working people. For instance Katerndahl notes that one significant stressor all of the students shared had to do with an inadequacy over their income to rent ratio. He ultimately concludes that there is a direct connection that can be made between quality of life and the control one feels they have over occurrences. He connects this finding with cases of panic attacks. The 97 subjects with panic attacks included 78% females, 56% Hispanics, and 30% non-hispanic whites (Katerndahl, 2001). More than anything Katerndahl’s work serves as an adamant argument for women being vulnerable to life stressors and anxiety being a detriment to their health. One major problem in society that is mentally affecting women is the culture of thinness. There is a constant pressure placed on women to be attractive, thin, and fit into the valley girl image established by films As a result, women are more likely to develop eating disorders. Anorexia, an eating disorder that involves drastic fasting, and Bulimia, which consists of binge eating followed by any compensatory behavior, are virtually nonexistent in men (Katerndahl, 2001). Both of these disorders lead to serious health problems but anorexia ultimately leads to death by starvation. It is thought that these disorders are caused by a perceived lack of control in their lives; which is balanced by these women having complete control over their looks. Discrimination against unattractive or overweight women is an unspoken prejudice. This epidemic of attaining physical perfection is actually an unnecessary and harmful setback for women. Here the locus of control, or lack of control, these women feel prevalent in their lives leads to cases of bulimia, anorexia, and even death. While Katerndahl’s study seems to imply that women are more prone to anxiety and and feeling a lack of control. Biologically, research shows that men and women are actually not all that different. Pertaining to cognition, men are more suited for mental rotation, navigation using geometry and recognizing objects within visual backgrounds. Women show better memory for locating objects and navigating through the use of landmarks (Allen, Goldscheider, & Ciambrone, 1999; Baider et al. , 1995; Ben-Tov, 1992; Ptacek et al. , 1994). As far as motor skills, from age 3-5 years old onward, men show an exceptional accuracy at aiming projectiles, while women show the ability for exceptional speech rate and small amplitude coordination. Pertaining to math skills, men are best suited for solving abstract reasoning problems, while women tend to be statistically best at computation and calculation problem solving. As far as verbal abilities go, women show earlier development of virtually every aspect of verbal ability, verbal memory, spelling grammar and fluency (Oren & Sherer, 2001). When emotions come into play, men and women use different areas of their brains to control sexuality, but most of the chemical systems overlap and most of the social bonding is somehow connected to the sexual process. Men and women have different forms of aggression. In most mammals, men tend to be the aggressor; many forms of aggression are controlled through different neural pathways (Oren & Sherer, 2001). BNST manages ‘affective attack’; this region is sensitized by testosterone and desensitized by estrogen. AVP stimulation increases aggressive behavior and drives persistence; circuits for this neuron are also more prevalent in males than in Females (Allen, Goldscheider, & Ciambrone, 1999; Baider et al. , 1995; Ben-Tov, 1992; Ptacek et al. , 1994). The mild biological differences that exist between men and women can only be significantly contrast their methods of responding to stress when the stressor in some way capitalizes on either sex’s chemical weakness. For example, men are psychologically more prone to substance abuse; a man under the influence of a substance that inhibits or enhances the circulation of AVP would affect the testosterone levels in the male’s body, thus making him more or less aggressive. This shift in behavior would entirely be dependent on whether the male abuses substances as a coping strategy for stress. This would have the same effect for a woman, but men are more prone to this dysfunctional behavior. Oddly enough, maternal stress can lead to a drop testosterone development desynchronizing or preventing masculinization. Stress can also effect the human body’s ability to heal itself when sick or influence the method of coping with disease. The biological assessment of both men and women show that at the core of the human mind everyone has a similar breaking point or defining line that depending on circumstances could drive any individual toward a panic attack. Katerndahl’s end finding sums it up best when he say, â€Å"This study found that, with the exception of overall quality of life, all of the assessed outcomes were associated with at least one community factor, accounting for up to 15% of outcome variance. Although previous work found that country-level variables (i. e. , unemployment, gross national product) were not related to morbidity or work satisfaction [Benavides et al. , 2000], this does not imply a lack of impact by neighborhood level factors (Katerndahl, 2001). † Here he is basically pointing out that in all of the events that occurred in the lives of each respective college individual, all of the students at least felt that 15% of the effects they endured were caused by community events out of their control. Which is understandable, but it also suggests there is a window for perceived helplessness in the psyche of all individuals, a panic attack is just dependant on the measure of one’s locus of control. Everything has a cause and effect, and while an individual can dictate their course of actions, sometimes the effect can be unpredictable and completely controlled by community events. For example, Katerndahl mentions how a major source of anxiety for many people is maintaining an adequate rent to income ratio. An individual who has a weak sense of control might fall into a morbid depression over their income which is ultimately designated by the government, so they rightfully feel as though they are catching a bad break; but, they also have the option of working more hours, or bettering their education for higher pay. In this scenario the locus of control is decided by deeply one buys into the illusion of being without options. This is a characteristic that many of the scholars suggest is measured by socioeconomic factors, such as upbringing, family education, and the environment of one’s neighborhood. This is the core concept in Jerome J. Tobacyk’s work. In Tobacyk’s article Changes in Locus of Control Beliefs in Polish University Students Before and After Democratization, he argues that sociocultural changes through changes that occurred through the democratization of Poland ultimately allowed for shifts in the locus of control perceived by Polish citizens. He directly connects ones economic circumstance to the extent of which they can construct their life. He argues that the ability of one to reinvent themselves was seen as a luxury only accessible to the financial elite before Poland became a legitimate democracy. As he notes, â€Å"The recent dramatic democratization movement in Poland allowed a study of the effects of the transformation from an external control to an internal control sociocultural situation on individual locus of control beliefs. This study compares the locus of control beliefs of Polish university students before (in 1985) and just after (in 1991) the profound sociocultural change of democracy. Here it becomes clear that the imediet newfound belief that one can achieve entirely independent of heritage, race, religion, or sex has the ability to uplift the moral of an entire nation. The author further notes that, â€Å"The most dramatic transformation was the change toward internal control (ie. Autonomy, independence, self-determination) in the sociopolitical effort (Tobacyk, 2001). † In sum, with their studies, these scholars show that one’s perceived happiness is just a measure of the control they insist they have over their respective circumstances. They can only insist they have this control, because even this control is just based on perception. As Katerndahl’s study shows only a fool would live as though outside forces have no effect on one’s life just as a lunatic might believe their life is completely driven by predestined events. Work Cited Allen, S. M. , Goldscheider, F. , & Ciambrone, D. A. (1999). Gender roles, marital intimacy and nomination of spouse as primary caregiver. Gerontologist,39, 150–158. Almeida, D. M. , & Kessler, R. C. (1998) Everyday stressors and gender differences in daily. distress. Journal of Personality and Social Psychology, 75,670–680 Long J. D. , & Williams R. L. (1988) The relationship of Locus of Control to Life Style Habits. Journal of Clinical Psychology, vol. 44, no. 2 Katerndahl, M. D. , M. A. (2001) Community Correlates of Outcomes in Subjects with Panic Attacks. Depression and Anxiety 13:194–197 Oren, N. , & Sherer, M. (2001). Cancer Patients and their Spouses: Gender and its Effect on Psychological and Social Adjustment. Journal of Health Psychology, 6(3), 329-338. Retrieved Sep. 18, 2008, from file:///C:/Documents%20and%20Settings/Simon%20Breedon/My%20Documents/Gender%20Differences-Coping%20with%20Stress. pdf. Tobacyk, J. (2001). Changes in Locus of Control Beliefs in Polish University Students Before and After Democratization. The Journal of Social Psychology, 132(2), 217-222

The Characters Of Kill A Mockingbird By Harper Lee Essay

There are plenty of important characters in the novel, To Kill a Mockingbird. The story chronicles life through the eyes of young children, but also shows first hand accounts of racist adults in the small town of Holcomb. This book is so unique because symbolism is avidly used. The main characters in To Kill a Mockingbird are symbolized as mockingbirds. There are many different situations where a character can be categorized as a mockingbird. A mockingbird can be a meek man accused of a crime, or a young child misinformed by a racist community. While these characters are diverse, they have one thing in common: innocence. To Kill a Mockingbird portrays examples of innocence that have been influenced by a negative mentality. Scout is the daughter of Atticus Finch, an important character in To Kill a Mockingbird. Scout is the epitome of a playful, rambunctious child. Scout is a symbol of a mockingbird because she did not let society influence her. Like many children, Scout dances to the beat of her own drum. Scout is forced to succumb to rumors she heard about Boo Radley, she is a tomboy, and she is not prejudice. Scout’s innocent and youthful character is influenced by the racist society she lives in. While explaining Tom she explains her idea of race in the form of confusion. â€Å"A nigger lover. I ain’t very sure what that means, but the way Francis said it† (Lee 86) †¦ Scout is not sure why Tom Robinson is convicted of this crime even though he is innocent. Scout can notShow MoreRelatedThe Characters Of Kill A Mockingbird By Harper Lee1609 Words   |  7 Pagesliterature, it can be said that characters tend to play a significant role. The creation of realistic and similar c haracters is what allows the reader to be attached and create a strong connection to the book. Harper Lee’s To Kill a Mockingbird is still remembered and recognized well today due to the creation of well known characters like â€Å"Scout†. The book is set in the perspective of a young girl known as Jean Louise Finch. The young narrator of To Kill a Mockingbird goes by the nickname Scout whichRead MoreThe Characters Of Kill A Mockingbird By Harper Lee1184 Words   |  5 Pagesâ€Å"This richly textured novel, woven from the strands of small-town life, lets readers walk in the shoes of one fully realized character after another.† To Kill a Mockingbird by Harper Lee, one of the major messages is identity. Harper Lee lets the people look into the perspectives and identity of some of the characters that make it seem very life-like. In the novel, many characters possess both admirable and dislikable qualities which are shown through their actions. With the nurturing of her father,Read MoreCharacter And Characters Of Kill A Mockingbird By Harper Lee986 Words   |  4 PagesScout Finch, the daughter of Atticus Finch, in the novel To Kill a Mockingbird ,by Harper Lee, has characteristics of a tomboy, but there are many feminine expectations forced on her. Scout refuses to listen to the edified teachings of her Aunt Alexandra, Mrs.Dubose, and other upper-class women of the Maycomb County. She prefers to go her own route, following her curiosity and searching for her true identity underneath her tough skin. Harper Lee specifies that gender inequality and roles are major themesRead MoreThe Characters Of Kill A Mockingbird By Harper Lee976 Words   |  4 PagesPeople can have a variety of different personalities. â€Å"To Kill a Mockingbird† is a novel containing love, humor, as well as drama, and is written by Harper Lee. The novel’s narrator and protagonist is Jean Louise â€Å"Scout† Finch. Throughout the novel, Scout learns about racism and to always keep her head high. Scout’s different features create her unique character and make her stand out from the other kids in Maycomb. She’s a tomboy, she’s smart for her age, and she’s tough, but loving. Firstly, Scout’sRead MoreThe Characters Of Kill A Mockingbird By Harper Lee1403 Words   |  6 Pagesstart to mature which means they have a new perspective on things around the world more realistically. Also when children get older they start to â€Å"walk inside others shoes† and see how someone’s condition might be. Therefore, in Harper Lee’s novel â€Å"To Kill a Mockingbird†, it is evident that as Jean Louise Finch (Scout) matures her views around the world change from a kid’s perspective to a young adult’s perspective. 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Atticus Finch, the father of the protagonist and narrator Scout Finch, represents an elite group of minds that seeRead MoreScout and Her Character Development in To Kill a Mockingbird by Harper Lee657 Words   |  3 Pagesâ€Å"...so low I could not have heard it from the sidewalk. Someone inside the house was laughing.†(46) At the beginning of To Kill a Mockingbird, Scout is terrified of the Radley Place because she is not brave. She hears someone laughing while she is in the Radley Place after her brother Jem rolled her in a tire their. Through more experiences, Scout becomes caring and brave. At the beginning of the book Scout is not very caring or brave. She is not caring because she does not think about others feelingsRead MoreCourage of Characters in Harper Lee ´s To Kill A Mockingbird Essay849 Words   |  4 PagesHarper Lee’s To Kill A Mockingbird, shows how life was for those in the southern part of the United States, during a time when racism ran rampant throughout the land. Many injustices were committed to those of â€Å"Negro† descent, and it was up to those behind the law to protect them as well as those who lived by the law. Atticus, attorney at law, defender of the people, and father to Scout and brother Jem is safeguarding Tom Robinson, accused of raping a white woman, Mayella Ewell. As the story continues

Most Significant Issues Facing Health Care Organizations...

Formed in 1998, the Managed Care Executive Group (MCEG) is a national organization of U.S. senior health executives who provide an open exchange of shared resources by discussing issues which are currently faced by health care organizations. In the fall of 2011, 61 organizations, which represented 90 responders, ranked the top ten strategic issues for 2012. Although the issues were ranked according to their priority, this report discusses the top three issues which I believe to be the most significant due to the need for competitive and inter-related products, quality care and cost containment. The Managed Care Executive Group (MCEG) The objective of the MCEG is to provide channels to exchange information between†¦show more content†¦This implementation will require changes to software and systems and possible changes in procedures used for billing Medicare and Medicaid. Following HIPAA 5010 will be an impact for health care systems to change to ICD-10 for their medical record coding and billing. â€Å"Administrative simplification, speed to market, more automated processes and streamlined project delivery will be strategically important and necessarily balanced with maintaining and enhancing current systems and gaining consumer confidence in health plans.† (Administrative Mandates, 2011) Care Management, Data Analytics, and Informatics Healthcare organizations will be driven to invest more in data and analytics due to new technologies. This includes Electronic Medical Records (EMR’s), Computerized Physician Order Entry (CPOE), e-prescribing, on-line reporting and appointment scheduling. Furthermore, important programs such as â€Å"wellness, disease management, mental/behavioral health support systems, real-time decision support, case management, customer segmentation, and protocol/rules development† will further drive the need for investment in data and analytics. This information, supported by health plans, will enable caregivers to more accurately identify a diagnosis and provide the necessary treatment plan. (Care Management, Data Analytics, 2011) Electric MedicalShow MoreRelatedthe impact of ACA in North Carolina1251 Words   |  6 PagesThe Impact of Affordable Care Act on North Carolina’s Uninsured Population The Affordable Care Act (ACA) which was passed by Congress was implemented to improve the quality of health care and reduce the cost of health insurance in the United State. America spends more on health care than any other industrialized nation in the world. 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