Chattanooga Ice Cream

New Direction for Chattanooga Ice Cream Clint A. Stockton Jack Welch Management Institute Dr. Denis Tocci JWMI 510 11/16/2013 Chattanooga Ice Cream Case The Chattanooga Ice Cream case shows a decrease in deals for 5 back to back years. The Division is going by Charles Moore. Despite the fact that Charles Moore was fruitful in driving groups he appeared to have significant issues with this group of VPs. As indicated by the Harvard Business Review Chattanooga Ice Cream Case the group was broken; they showed an absence of trust, high in strife, discourteous of each ther and displayed evasion issues with accountability.Team individuals appeared to consistently lay fault to other part. Moore should be increasingly emphatic in excusing the methods of the past and the loss of Stay and Shop business should be set aside. Moore needs to provide clear guidance and relegate duties to each colleague. Moore needs to pass in that group cohesiveness is an unquestionable requirement and this will go far to help guarantee no further loss of business.This paper will look at how Moore's initiative methodology added to the groups' brokenness, examine what the roup of representatives themselves could never really comprehend the viewpoints of one another and their supervisor just as make proposals about Moore ought to do now to assist his with joining cooperate and oversee clashes all the more viably. Charlie's Leadership Style In surveying where Charlie Moore turns out badly, it's critical to take a gander at his administration style. As indicated by the Disk style, Charlie is a â€Å"Steady (S) Leader. In particular, this implies Charlie works at a deliberate pace and likes driving in an efficient situation. He may promptly see driving in a â€Å"fast-paced† condition as scary or upsetting. His administration style is synergistic in nature and he esteems collective endeavors. Charlie is a careful pioneer that only from time to time leads by power as he is open to working be hind the agreement of the gathering as he doesn't care for settling on choices alone. He is demotivated by serious conditions and altering course suddenly. He appreciates driving in a consonant situation with practically no encounters or conflict.Leaders set up the associations for change; Charlie doesn't construct trust nor adjust his kin. Absence of Leadership As a pioneer Charlie needs to â€Å"prepare associations for change and help them ope as they battle through it† (Week 2, Lecture 2). The primary proof of Charlie's disappointment as a pioneer is the point at which he assembles the gathering to impart the report about losing their significant client. The state of mind is serious as Charlie assembles the gathering to â€Å"mourn† (Sloane, The Chattanooga Ice Cream Division, HBR, p. l) and to fgure out what should be done about it.As a pioneer he should radiate a feeling of â€Å"positive vitality' Cack Welch, Winning, p. 84) to set up his kin to act and stimula te their best speculation to manage this test. His style of (S) dislike change, however e needs to establish a pace of hopefulness and definitiveness that says that they will get through this test effectively. Above all else, Moore should ace self-initiative for himself. At that point energize and model it for others in the group. Manz shows that â€Å"Leaders encourage worker self-set objectives and prize viable self-administration when it does occur.Overall, they make and support frameworks that permit cooperation and an all encompassing self-initiative culture to flourish† (Charles Manz, 2001 , Leading Others to Lead Themselves, p. 221). I accept that Charlie and Charlie's group would profit by procuring about their own initiative style by taking the Disk and TKI evaluations and conceivably making littler deliberately matched groups inside the gathering to think of an establishment and vision for the heading in which the organization ought to go as a whole.Lack of Candor A nother case of where Charlie turns out badly is that he doesn't build up a situation of trust where his kin don't keep down †despite the fact that he dislike struggle. For instance of this, Charlie has a few gatherings to ask his group what their musings are about how to contend. â€Å"When you are an individual giver, ou attempt to have all the appropriate responses. That is your Job-to be a specialist, the best at what you do, perhaps the most intelligent individual in the room. At the point when you are a pioneer, your Job is to have all the questions†¦Questioning, nonetheless, is rarely enough, observing Rule 6: Leaders test with interest that verges on doubt, ensuring your inquiries release discussion and raise gives that get action† (Welch, 2005, p. 74). Moore should initially make a deliberate correspondence procedure. His supervisory crew must comprehend and bolster a typical vision with a typical reason. This requires clearness. Clearness starts with powerf ul correspondence. He should ensure correspondence from his supervisory group arrives at all employees.The article by Ferrazzi (Harvard Business Review) demonstrates three explicit strategies, created from the writer's exploration, which can assist associates with working together and communicate all the more successfully. The methods, which depend on making believe that permits colleagues to talk genuinely, are â€Å"dividing gatherings into littler gatherings, naming a genuineness promoter, and instructing how to give and get input with a positive attitude† (Ferrazzi, 2012, Candor, Criticism, and Teamwork, p. 0). Group Dysfunctions The Chattanooga Ice Cream group is useless for a few reasons.Some of those reasons incorporate a nonattendance of trust, shirking, and not being responsible. Likewise, there is an absence of duty among certain supervisors. Moore is likewise searching for purchase in from all individuals for cooperative choices. There was no obvious standard with respect to how choices would have been made. Basically, Charles Moore neglected to join clear working standards. Week Four 4 Lecture †Building High Performance Teams recommends that â€Å"when chiefs concede to standard procedures ahead of time, the group is uch bound to run efficiently,† this is particularly evident with the Chattanooga Ice Cream team.According to Rick Johnson, Charlie could â€Å"Challenge is supervisory group; request arrangements, appointing both obligation and strengthening as needs be to use singular aptitudes. Responsibility for and activities manufactures duty. Including the group in making heading and arrangements through strengthening creates duty to the undertakings important to meet destinations. An approach to get over the significant loss of a customer and eclipse the â€Å"mourning† impact would be to hallenge the supervisory crew to all in all acquire another customer or a couple of customers that could rise to the flight of the o ne misfortune, regarding volume.Also, Moore ought to make offsite group building exercises on a quarterly premise. The get-togethers/trips ought to be utilized to construct unification and trust in one another. New Direction for Charles appears to need to be Just another individual from the group, an individual benefactor, needing to give his part as opposed to asking the express outcome driven inquiries expected of him in his influential position. Welch, proceeds to state, â€Å"But that is he Job. You need greater arrangements pose inquiries; sound discussion, choices, and activities will get everybody there† (p. 76).There is no place to go, if there is nobody to lead. The dysfunctions of the group lie with the dysfunctions of the pioneer and no headings. Notwithstanding settling on an inappropriate or right choice, with respect to the CICC case, on the off chance that no move is made, at that point the organization will bomb without a doubt. As a Business Development Execu tive, I would will in general push the group to research and target different customers to fill the void left by the customer lost, disposing of the seriousness, making otivation to achieve another objective, and fortify the group by centering endeavors into one vision.He should run his group through appraisals that could help him deliberately pair singular shortcomings and qualities together, not exclusively to supplement each other going ahead yet to manufacture validity as a pioneer and begin to construct an establishment for authenticity, voice, and poise going ahead. Increasing new customers would in all probability cost extra assets in the examination and advertising and may cause little venture development in advance; anyway balancing out the vision with a choice is aking the right exertion to spare this organization under the current conditions.

In the book aptly titled Hannibal Essay

In the book suitably titled Hannibal, Serge Lancel gave a bare essential composition of Rome’s Great Commander life history. Through this book, Lancel expects to give a brief record of Hannibal’s enormity to illuminate a few confusions about the saint, and to plot how Hannibal arrived at the highest point of progress, as far as war. The book elucidates Hannibal’s authentic history from adolescence up to the snapshot of his ruin, to give the peruser an away from of Hannibal’s properties, qualities, shortcomings, and most particularly his fundamental attributes that made him a genuine legend. Lancel doesn't just build up Hannibal’s inward complexities however he additionally gave an exact business as usual of the Carthaginian world all through the movement of the Great Commander’s life history. With this, Lancel effectively portrayed the demolition of Hellenistic world and the rising of Rome. Hannibal was gotten to world in 247 BCE at Carthage, which was encountering a colossal misfortune from Rome during the First Punic War (264-241). The mastery of Rome during this period has an extraordinary impact to youthful Hannibal’s life since he was the oldest child of a Carthaginian general named Hamilcar Barca. At ten years old, Hannibal saw the bit by bit triumph of his dad through the latter’s achievement of different domains for the development Carthage realm. Many accepted that Hamilcar constrained Hannibal to make a guarantee that the last will have an interminable severe dislike to the Roman Empire. Lancel set that these could be gossip just yet this occasion could be valid since Carthaginians have all the motivations to hate the Romans. When Hamilcar kicked the bucket in 229 BCE, Hasdrubal the Fair (Hamilcar’s child in-law) took on the position, and during his rule he changed the scene fighting by advancing strategic methods. Eight years after, Hasdrubal was killed, which cleared route for Hannibal’s commandership over the Carthaginian volunteer army in Iberia. From political practice, Hannibal returned to his dad approach of fight, which is forceful in nature. His first assault was towards the locals of Salamanca in 220 BCE, followed the seizure Santagnum, which prompted a contention with the Romans in light of the fact that during Hasdrubal matchless quality, Carthage and Rome made an arrangement to forestall any contradiction between the two domains. Carthage and Rome experienced an exchange, and keeping in mind that it is going Hannibal proceeded with his objective of expanding his domain. At the point when he totally attacked the Iberian Peninsula the Carthage-Rome relationship compounded and shot the Second Punic War. Rome conveyed fortification in Sicily, while Hannibal caused an intense move in ambushing Italy before the previous to can set themselves up in the taking up arms. The current war allowed Hannibal a chance to get the help Gaul volunteer army, which at long last made his military all the more impressive, and came about, to his second triumph at Trebia River. In March 217 BCE, the Great Commander series of wins sustained however in a lamentable occasion he lost one of his eyes (a few students of history placed that this due to opthamalia) during the war. Roman militia’s power decreased as the war went on, in a surprising chance their representative Flaminius was trapped close to the Trasimene Lake. Along these lines, Hannibal annihilated two Roman armies, yet it didn't prevent Rome and its partners from connecting with and proceeding with the war. Rather, they irritated the contention when Quintus Fabius Maximus was picked to be Rome’s tyrant. The Roman committee proposed an end-all be-all war, where they were fruitful at its first fight at Cannae however they were in the end crushed when Carthaginian armed force overpowered them in a round development. A few of Roman partners was so baffled with consequence of the Second Punic War, they chose to turn their back with Rome and chose to join the Carthage Empire. At that point at age of thirty, Capua was set up as Hannibal’s capital in Italy. He told his sibling Mago Barca to relate the uplifting news in Carthage and in doing as such; Mago tapped many brilliant rings taken from the destroyed dead bodies of Roman armed force, while he was entering the passage lobby of the Carthaginian senate. By and by, Roman gathering, alongside their residual partners, despite everything opposed any concurrence with Hannibal. At that point the Great Commander chose to make a coalition with the Macedonian domain, which he gained through the endorsement of King Philip V of Macedonia. With this endorsement, the Carthaginian powers were joined by Syracuse powers in 214 BCE. Rome didn't waver; rather, they began a partnership with the Aetolia since this Greek town has a debate with Macedonia. In the undying want of Hannibal to grow his domain, he sought after Cumae and Puteoli ports, with the end goal for him to reinforce his local army, however because of this, Rome found a chance to recover its nation’s certainty and to begin once more since Hannibal disregarded his offensives in Central Italy. In 212 BCE, Hannibal tasted his first disappointment.

Attribution Theory Definition

Attribution Theory Definition Attribution hypothesis is worried about how individuals decipher occasions and relate them to their reasoning and conduct. It's a subjective discernment which influences their inspiration. This hypothesis was first proposed in a book called, The Psychology of Interpersonal Relations by Fritz Heider in 1958. As per Heider, men carry on as beginner researchers in social circumstances. He likewise said that, we by and large clarify conduct in two different ways; possibly we credit the conduct to an individual or a circumstance. Attribution actually implies an award of duty. But, the hypothesis was first proposed by Heider (1958), later Edward E.Jones (1972) and Harold Kelley (1967) built up a hypothetical structure, which is currently observed as an exemplification of social brain science. The hypothesis isolates the conduct traits into two sections, outer or interior components. Inside attribution: When an interior attribution is made, the reason for the g iven conduct is inside the individual, I. e. the factors which make an individual mindful like demeanor, fitness, character and character. Outside attribution: When an outer attribution is made, the reason for the given conduct is alloted to the circumstance wherein the conduct was seen.The individual liable for the conduct may dole out the causality to the earth or climate. In 1967, Kelley attempted to clarify the manner in which individuals see inner and outside attribution. He attempted this, proposing the guideline of co-variety. This model was known as Covariation Model. The essential rule of the covariation model expresses that the impact is ascribed to one of the causes which co-shifts after some time. It additionally implies that the conduct at different events fluctuates. The covariation model thinks about three significant kinds of data to settle on an attribution choice and to watch an individual's behavior.The three sorts of data are: Consensus data: This reacts to the r eality, how individuals with comparative upgrades act in comparative circumstances. On the off chance that the vast majority act the same, I. e. their responses are shared by many, the agreement is high. However, in the event that nobody or just a couple of individuals share the responses, the accord is low. Uniqueness data: This is about, how an individual reacts to various circumstances. There exists an exceptionally low uniqueness if the individual responds correspondingly in all or the vast majority of the situations.However, if an individual responds contrastingly in various circumstances, it is said that the peculiarity is high. Consistency data: If the reaction of an individual to various boost and in fluctuated circumstances continues as before, at that point the consistency is high. In any case, Kelly's covariation model has a few confinements. The most unmistakable being that, it neglects to recognize the purposeful and accidental conduct. Peruse more at Buzzle:â http://w ww. buzzle. com/articles/attribution-hypothesis of-social-brain science. html Kelley's Covariation Model Kelley’s (1967) covariation model is the most popular attribution theory.He built up a legitimate model for deciding whether a specific activity ought to be ascribed to some trademark (inward) of the individual or the earth (outside). The term covariation basically meansâ that an individual has data from numerous perceptions, at various occasions and circumstances, and can see the covariation of a watched impact and its causes. He contends that in attempting to find the reasons for conduct individuals act like researchers. All the more explicitly they consider three sorts of proof. Kelley accepted that there were three sorts of causal data which impacted our judgments.Low factors = dispositional (inner) attributions. * Consensus: the degree to which others act similarly in a comparable circumstance. E. g. Alison smokes a cigarette when she goes out for a supper with her c ompanion. In the event that her companion smokes, her conduct is high in agreement. In the event that just Alison smokes it is low. * Distinctiveness: the degree to which the individual carries on similarly in comparable circumstances. In the event that Alison possibly smokes when she is out with companions, her conduct is high in peculiarity. On the off chance that she smokes whenever or place, peculiarity is low. Consistency: the degree to which the individual carries on like this each time the circumstance happens. On the off chance that Alison possibly smokes when she is out with companions, consistency is high. On the off chance that she just smoke on one extraordinary event, consistency is low. Let’s take a gander at an exampleâ to help comprehend his specific attribution hypothesis. Our subject is called Tom. His conduct is chuckling. Tom is snickering at a humorist. 1. Agreement: Everybody in the crowd is giggling. Agreement is high. In the event that solitary Tom is giggling accord is low. 2. Peculiarity: Tom just giggles at this comic. Uniqueness is high.If Tom snickers at everything peculiarity is low. 3. Consistency: Tom consistently snickers at this humorist. Consistency is high. Tom once in a while snickers at this entertainer consistency is low. Presently, if everyone chuckles at this humorist, on the off chance that they don’t snicker at the comic who follows and on the off chance that this entertainer consistently raises a giggle, at that point we would make an outer attribution, I. e. we expect that Tom is snickering in light of the fact that the comic is extremely clever. Then again, if Tom is the main individual who giggles at this entertainer, if Tom chuckles at all comics and on the off chance that Tom consistently snickers at the humorist, at that point we would make an inward attribution, I. . we expect that Tom is snickering on the grounds that he is the sort of individual who chuckles a great deal. So what we’ve arrived is individuals crediting causality based on relationship. In other words, we see that two things go together and we in this way expect one causes the other. One issue anyway is that we might not have enough data to make that sort of judgment. For instance, in the event that we don’t know Tom that well we wouldn’t fundamentally have the data to know whether his conduct is predictable after some time. So what do we do then?According to Kelley we count on past understanding and search for either 1) Multiple essential causes. For instance, we see a competitor win a long distance race and we reason that she should be extremely fit, exceptionally energetic, have prepared hard and so on and that she should have these to win 2) Multiple adequate causes. For instance, we see a competitor bomb a medication test and we reason that she might be attempting to cheat, or have taken a prohibited substance coincidentally or been fooled into taking it by her mentor. Any one expl anation would be adequate.

What is a Doctorate Degree

You might be wondering is a Ph.D. and doctorate the same? Some people say that while a Ph.D. prepares you to teach, a professional doctorate is geared toward a professional career in your selected field. However, the answer is a bit more complicated than that.Choosing the type of degree you earn can play a huge role in the careers you can pursue, the salary you can expect and the total cost of obtaining the degree.​ Doctorate Degree Vs. A Ph.D. A doctoral degree is the very highest academic degree that you can obtain. You can earn a doctorate in nearly all subject areas.Anyone who is a leader in a corporate organization can significantly benefit from having a Ph.D. If you intend to hold a post at a university, a doctoral degree is a definite must-have. Making the decision to choose a Ph.D. or a professional doctorate is not necessarily an either/or choice.The differences between these programs vary depending on the field of study and can occasionally change as improvements and adjustments are made.The main difference between Ph.D. programs and professional doctorate programs is the type of research the student is required to perform. Ph.D. students are required to create a solution based on the knowledge gained in their particular field to solve a real-world problem. They prove their problem-solving abilities by producing a dissertation.On the other hand, professional doctorate students are expected to draw from previous ex periences and knowledge and apply the information to a problem in the real world. They demonstrate this ability by creating an applied doctoral capstone comprised of paper, product or portfolio.To sum it up, a Ph.D. student must create a five-chapter dissertation and contribute new solutions to solve real-world problems. Ph.D.s are more interested in consulting or conducting research than in practicing in the profession. Those with a professional doctorate apply existing knowledge to solve real-world problems and have more interest in working directly in their business than in consultation or research. What Kind Of Jobs Can You Get With A Doctorate Degree? In order to decide what type of degree you should pursue in your field of study, be sure to carefully consider your career goals and the type of research you are interested in performing. Ask yourself the following questions: What do you hope to do? What type of research would you like to perform? Where do you intend to apply your education? Which degree is required or expected in the organization where you would like to advance your career?Most career areas do not require a doctoral degree. If your job selection requires state licensing (engineering, public school teaching, psychology), you might wish to pursue a doctoral degree to have the opportunity for higher-paying positions and government positions in the government.A doctorate degree in pyschology, business, nursing, education are on the list of popular doctorate degrees, as well as law, pharmacy, medicine and physical therapy.As the education world shifts and changes, online doctorate degree are being established to meet thi s demand. Universities such as Johns Hopkins are offering online doctorate degrees in fields such as education and nursing. These programs are competitive and offer the same high quality education.As a high-demand career, it can be easier to obtain an online doctoral degree in business. Most of the online doctorate degrees require you to satisfy supervision requirements by a short residency or campus visits.If you are thinking about attending a graduate program, you may be wondering what type of degree to get. Once you understand the differences between doctorates and masters, the decision becomes simple.Keep in mind that both master's and doctoral degrees will give you in-depth training in a specialized field. The higher the degree, the more specialized the focus and the longer it takes to earn it. What is the Most Common Type of Doctoral Degree? The most common doctoral degree is the Doctor of Philosophy or Ph.D. All research doctorates prepare the student to create new projects with the ability to add to the collective knowledge base of the field. Those who hold Ph.D.s often seek careers as advisors and researchers although some will enter other careers.When you enter graduate school for any field, you should expect a different experience from your undergraduate years. Those enrolling in graduate degree programs will do best if they are motivated by professional and academic goals. If you have a few years of work experience under your belt, all the better.Those entering a Ph.D. program have already earned a bachelor's degree in their chosen field. In some cases, a master's degree is also required.The Ph.D. candidate will begin by taking courses and exams. After completing these, they will take advanced seminars and design dissertation research. Finally, they will complete the requirements by creating and defending a dissert ation.A dissertation is a thesis that demonstrates the candidate's ability to research and support a topic. The dissertation is usually the deciding factor of whether or not the candidate earns his or her doctorate. Failure to complete the dissertation is a major reason for the inability of many candidates to complete their studies.Depending on the program, a doctoral degree can take up to eight years to earn. If a student has already completed the education required for a master's degree or is coming straight from an undergraduate program, acquiring the doctoral degree may take less time. The length of time also depends on how long the student takes to write the dissertation.The possession of a Ph.D. demonstrates the person's competence in a certain field and qualifies the holder to become a professor. Having a Ph.D. can also allow the person to hold other roles such as policy development in private, non-profit and public sectors. Because this degree is hard to obtain, you may wish to pursue a master's degree instead if your professional goals do not require a Ph.D. How Long Is A Doctorate Degree? If you already hold a master's degree in your field, you might be able to complete a doctorate in three years of additional full-time study.If you don't have a master's degree, you will most likely be required to spend four to eight years studying to obtain your doctoral degree.A four-year doctorate will take about 90 to 120-semester credits to complete. These credits are equal to 30 or 40 college courses. The length of the courses and the number of required credits can vary based on the doctoral program.Some programs require the completion of a research thesis. Online doctorates may be designed as "practitioner's degrees" and may not require a research thesis. Instead, you may be required to complete a capstone paper and/or a supervised placement working in your chosen career area.To successfully complete a Ph.D. program, you will need to establish a schedule for completing your course requirements. Stick to your deadlines to avoid falling behind. To prepare for your exams, you will need to save your coursework and organize your study materials.Take time to connect with your committee members either in person, by phone or by Skype to get to know them and to learn their expectations of you as a student. Work with your committee to determine the best method of approaching your exams. To help improve your oral presentation skills, spend time practicing with a real person.Preparing your dissertation is one of the most significant accomplishments in your life. As such, it can be extremely challenging. Proper communication with your committee and advisors is crucial toward a successful development and completion of your final project.

Losing Control Essay - 898 Words

Some people may say that having control over someone or something can bring satisfaction and a sense of power. In the an article called â€Å"Gunman Kills Himself After Hostage Drama (584)† written by Charles P. Wallace and Tim Waters loss of control and the feeling of being helplessness makes Robert B. Rose commit a last act of asserting control over himself. In another article written by Martin E.P. Seligman called â€Å"On Learned Helplessness (585)† the feeling of loosing control of oneself is something that can cause someone to do things that they thought they would never do. What is hard to understand is that some of the things the someone may commit may implicate the lives of others in a negative way and the ending result could be death.†¦show more content†¦In the case of Robert, he was determined to gain, back some of the control that he had loosed of himself to his debilitating illness. â€Å"Rose checked into the hotel late Saturday night, went out and returned with the seventeenth year-old, and went to his room (584)†. Robert was in a state of depression Seligman would say that he was experiencing â€Å"a drive for competence is from m point of view, a drive to avoid helplessness (586)†. Robert wanted to regain control of his life so by holding hostage the seventeen-year-old girl he felt that he had regained control over her. In a â€Å"police department said, he pointed the rifle at the girl, threatened her life, warned that he would commit suicide, and ordered her to take off her clothes (584)† after she took off her cloths he threw them out the window by doing this he had total control over the girl and that was what he wanted. Rose new he had no control over his life due to the illness that hindered him but he wanted that control that he lost over his life back. As he held the girl hostage, he played out certain events that gave him a sense of control which witch is what he wanted. As police n egotiated with him â€Å"Rose reportedly asked to see a Roman Catholic, priest and have food brought to the room (585)† by doing this he was gaining control of the situation at hand because the police wasShow MoreRelatedFear of Losing Control1329 Words   |  6 Pagesmanagers, cited a lack of management visibility and support as a major impediment to change. 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The Duties and Liabilities of Directors

Question: Discuss about the The Duties and Liabilities of Directors. Answer: Issue Has Julian committed a breach of common law duty and statutory duty? Did Daniel and Sol commit infringement of common law or statutory duty? Are there any defenses available to the directors for the commission of breach of the statutory or common law duties? Rule The Corporation Act 2001 provides rules and regulations in relation to the duties of directors of a company. The directors are also subjected to general duties under the provisions of common law (Bruner 2013). It is the duty of directors to act bona-fide towards the interest of the company; they are also not allowed to abuse their powers in relation to the company. In the case of Chan v Zacharia 1984 it was ruled by the court that directors have to avoid situations where conflict of the interest of the company with their own interest may arise. In the case if ASIC V City Group Global Market Australia Pty Ltd 2004 the court ruled that directors must be sensible and careful towards discharging their duties towards the company (Baker et al. 2015). According to Section 180 of the CA it is the duty of a director to act with utmost care and diligence towards the operations of the company. This duty is determined by analyzing what a reasonable person would have done in a similar situation (Hanrahan, Ramsay and Stapledon 2013). According to Section 181 of the CA it is the duty of the directors of a company to make decision which is in the best interest of the company in good faith. This also includes the common law duty of avoiding conflict between the the directors personal interest and the interest of the company. This duty of trust is also known as fiduciary duty under the Corporation Act 2001. The directors of a company are not allowed to make improper use of their powers under the provisions of Section 182 of the CA. They are not supposed to acquire any unfair advantage through the improper use of their powers for themselves or their relatives. The directors are also forbidden to use information material information which they acquire through their position to gain any advantage for themselves or their relative or which might cause loss of any form to the company according to the provisions of Section 183 of the CA. The directors of the company also have the obligation to disclose any personal interest which they have in relation to a particular transaction the company has or will engage with to the other directors of the company according to the provisions of Section 191 of the CA. The directors of the company can attract both civil and criminal penalties if they breach the statutory duties provided by the CA. Section 1317G of the CA makes the directors of a company pay a fine up to $200000 in case they are found to breach the provisions related to the directors duties. Section 1317 H and 206C of the CA makes the directors liable to compensate the company for the loss caused to it and even leads to their disqualification respectively (Ramsay 2015). The defenses available against such breaches are the best judgment rule for the breach of Section 180, Reliance on other directors and use of delegated powers can also be used as a defense for the breach of Section 181-183 of the CA (Varzaly 2015). Application In this case Julian has committed the breach of Section 183 of the Corporations Act 2001. Section 183 contemplates that a director of a company must not provide material information of the company (Barker 2016). Here, Julian was under the charge of the tender process of the company. It is his statutory as well as common law duty not to pass on the companys relevant information to any third party, that too, without the consent of the remaining Directors. Other architectural firms were offering tenders to the company. However, Julian passed on the tender prices offered by other companies to his brother Raphael and he nether disclosed his relationship with Raphael nor he disclosed the fact Raphael was going to offer tender. With respect to this Julian has also breached the provisions in relation to Section 182 of the CA as she has used her position unfairly in order to gain advantage to her uncle with respect to the purchase of land without notifying the other directors about the transactions. The actions of Julian is also not in good faith and towards the best interest of the company as she could have looked for better plots which would have been more beneficial for the company instead of the plot belonging to her uncle and thus Section 181 of the CA has been breached by her. Julian also committed the breach of Section 191 of the Act. The provision requires the directors of a public company who has a material personal interest in a particular matter relating to the affairs of the company, must disclose the same to the remaining directors before the directors vote on a particular resolution related to the material personal interest. Here, Julian wanted to help his uncle Gerald to pay off his bank loan. He recommended the other directors about purchasing the land owned by Gerald without making any disclosure about his relationship with him in Regal Hastings Ltd v Gulliver. Although the company did not suffer any loss from the purchase even then, Julian as a Director of the company has committed a breach of his statutory duty. Julian has also committed an infringement of his duty of conflicting interest as he tried to help his uncle Gerald to pay his loan by selling off his land to the company. He also helped his brother to submit tender of the lowest price. Although neither his uncle nor his brother has asked for an award instead, even then the act of Julian amounts to a breach of his statutory duty. The other two Directors of the company, Sol and Daniel have also committed a breach of their statutory duties as directors. The directors have committed a breach of their duty to act with diligence laid down under Section 180 of the Act. When Julian recommended them about purchasing Geralds land, they did not ask any questions related to the land neither did they ask for an independent valuation of the land nor they asked about the mode of financing the property purchased. Julian may use the defense stating that the decisions taken by him was in the best interest of the company The defenses which are used against the breach of directors duties would not be applicable in this case as the judgments made were not reasonable and there was no delegated power or reliance on others. Therefore they have to pay the penalties under section 206C, 1317H and 1317G Conclusion Thus in this case all the directors of the company have been involved in the breach of directors duty and therefore they are liable to be prosecuted under the Act. References Baker, H.K., Chenhall, R.H., Haslem, J.A. and Juchau, R., 2015. Disclosure of material information: a cross-national comparison. Barker, R., 2016. The Duties and Liabilities of DirectorsGetting the Balance Right.The Handbook of Board Governance: A Comprehensive Guide for Public, Private, and Not-for-Profit Board Members, p.249. Bruner, C.M., 2013. Is the Corporate Director's Duty of Care a Fiduciary Duty-Does It Matter.Wake Forest L. Rev.,48, p.1027. Corporations Act 2001 Hanrahan, P.F., Ramsay, I. and Stapledon, G.P., 2013. Commercial applications of company law. Ramsay, I., 2015. Increased Corporate Governance Powers of Shareholders and Regulators and the Role of the Corporate Regulator in Enforcing Duties Owed by Corporate Directors and Managers.European Business Law Review,26(1), pp.49-73. Regal(Hastings)Ltd v Gulliver[1942]UKHL 1 Varzaly, J., 2015. The Enforcement of Directors Duties in Australia: An Empirical Analysis.European Business Organization Law Review,16(2), pp.281-319.

Act Essay Prompt Samples - Is it a Scam?

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