Tuesday, January 28, 2020
Sector Matrix Essay Example for Free
Sector Matrix Essay In buyer-driven commodity chains retailers, branded manufacturers and branded marketers which usually operate in labor-intensive consumer goods industries (e.g. footwear, toys, and consumer electronics) play key parts in setting up decentralised production networks in a variety of exporting countries. In producer-driven commodity chains, however, large manufacturers usually operating in capital and technology-intensive industries (e.g. automobiles, aircraft, and computers) play pivotal roles in managing production networks, usually in developed countries. Global Commodity Chains overlooks important concepts known as demand substitution and supply interaction, which occur in the motoring sector when lower income consumers rather purchase more affordable second hand automobiles from car dealerships than new automobiles from manufacturers e. g. when second-hand cars dilute the automobile market. Competition is thereby oversimplified by Gereffiââ¬â¢s framework as a process that takes place within an industry of firms using similar technologies to produce competing products. Furthermore, complementary goods e.g. spares and parts, repairs and servicing, fuel, tax and insurance, and finance generates a high percentage of revenue in the motoring sectors. Thus to maintain competitiveness within a sector, managers need to be familiar with the concept of demand complementarity. Gereffi, similarly to Porter, overlook the strategic importance of complementary goods, envisaging the processes that bring a commodity to the final product market. The sector matrix analysis mentioned by Froud (2006) fills these limitations; it constructs the demand side in terms of complementary and competing demands made by end users, and the supply side in terms of corporate consolidation of surplus from different activities inside and outside a specific demand matrix. Taking into account the weaknesses of Porter and Gereffiââ¬â¢sframework, Froud argues a need to abandon product-specific analysis for an alternative way of thinking, arguing that the firm should be seen as a unit t hat consolidates financial surplus from diverse sources of profit inside and outside an activity matrix. Rather than constructing the demand side in terms of substitutable end-products (e.g. new cars versus new cars), the Sector Matrix approach captures demand complementarity (e.g. new cars + services) and demand substitution (e.g. new cars versus used cars). Therefore, thesector matrix approach gives a better understanding of the automobile product market than the concepts of Valueà Chains and Global Commodity Chains in that it captures the strategic importance of complementary services, simultaneously redefining competition. Solely manufacturing cars is financially unrewarding due to the problems associated with saturation in the automobile markets e.g. fierce competition due to competitor ability to manage product development and technology processing. For example, Ford understood that in order to continue to achieve superior shareholder returns they must sharpen consumer focus, that why their vision is to be the world leading consumer company that provides automotive products and services not just the world leading automotive company.Under this downstream vertical integration strategy, Ford purchased UK-based car-servicing company Kwik-Fit, broadening their subsidiary portfolio; already consisting of car rental company Hertz, and fi nancial services company Ford Credit. Furthermore, the Sector Matrix approach does not confine competition to the group of firms producing similar products; it extends the business relation to all the other firms that aspire to positions in the matrix. So, redefining competition may be a necessary exercise in order to effectively analyse the product market. Albeit useful, the applicability of Sector Matrix can be debated amongst academics, however. Froudrecognise that many industries (e.g. trainers and shirts) cannot be reworked as sectorsdue to their simple infrastructure. Other more complex industries e.g. health care are difficult to visualise in a sector matrix diagram due to vague demand function. Hence, while the Sector Matrix approach works well in the case of automobile industry, the universalism the framework is debatable.
Monday, January 20, 2020
Ted Kaczynski, the UNABOMBER - An Ethical Case Study Essay -- Philosop
Ted Kaczynski, the UNABOMBER - An Ethical Case Study The intent of this study is to determine exactly how much responsibility Ted Kaczynski must accept for his actions as the UNABOMBER. The essential problem of the situation is that Kaczynski claims complete responsibility, but he has been ruled mentally ill by the State. He adamantly denies his illness, stating that social maladjustment, although technically a sickness, is distinct from an organic based illness, and therefore within his realm of free will. We will also address the role his brother and sister-in-law played in the tragedy, their motives, and the impact their pleas have brought to bear on the dilemma. We will examine this ethology from an existentialist perspective, as this is the most applicable to Ted Kaczynski himself. Case Summary During an 18-year period as the UNABOMBER, Ted Kaczynski wounded 23 people and killed 3 with pipe bombs. He is a vehement anarchist and Luddite who feels that oversocialization and technology are destroying Man and strangling out any kind of Freedom he may have ever possessed. According to section 114 of his manifesto, "The system HAS TO regulate human behavior closely in order to functionâ⬠¦. Bureaucracies HAVE TO be run according to rigid rulesâ⬠¦. It is true that some restrictions on our freedom could be eliminated, but GENERALLY SPEAKING the regulation of our lives by large organizations is necessary for the functioning of industrial-technological society. The result is a sense of powerlessness on the part of the average person. It may be, however, that formal regulations will tend increasingly to be replaced by psychological tools that make us want to do what the system requires of us." Evidenc... ... Conclusions Existentially, David has made the dominant decision in the end, and the truly free decision. Ted, as do most ââ¬Ëmartyrsââ¬â¢ (which is how he views himself) has chosen to sacrifice his freedom by not ending his own life. Right to die? He has it every day when he looks around him. If he leaves his right to die in someone elseââ¬â¢s hands, he accepts no responsibility and therefore does not truly exist as a free individual, and therefore does not have a right to die. The strengths of this model are that there is an intrinsic master and slave: this is also the weakness, because Ted denied the existence of the master in that all men were there own masters. Unlike Ted, who claims to accept responsibility but actually denied it by denying the inequality of existence, his brother did accept the responsibility by choosing to exist in dominance.
Sunday, January 12, 2020
Lady in a Machine Shop: Margaret E. Knight
Margaret E. Knight was born in York, Maine in1838. Margaret was very interested in tools and machinery even as a young child. Woman in that period were not considered to be mechanically inclined or to be interested in machinery.à Children especially were not thought to be creative enough to invent things. Margaret, however, began inventing things at a young age and had her first success very early in life. She witnessed a horrible accident at the cotton mill where she and her brothers worked. Many people had tried over the years to make the looms safer for the workers but no one had come up with an idea that worked. Margaret spend hours and hours creating a safer design for the loom piece in question and at the tender age of 12 she had her first working invention. The covered shuttle she invented is still in use on cotton looms today. In 1868, Margaret moved to Massachusetts and began working at the Columbia Paper Bag Company. Paper bags at that time were envelope shaped and held closed by having twine or string wrapped around them. Square bottom bags were rarely used because they had to be made by hand and were very expensive. Margaret decided that there was definitely room for improvement and set about trying to create a machine that would cut, fold and paste square bottoms bags by itself. This would make the bags much less expensive to produce and do the work of many people with only one machine. She worked days at the Columbia Paper Bag Company and while she worked, she studied the machines that were in existence there already. At night, she took her ideas home and spent hours building and rebuilding models of a machine she thought would create a better paper bag machine. It took a very long time and a massive amount of work to get what she wanted from theà machine. She tested and adjusted and changed things in the plan until it was just what she wanted. Once the design of the machine was perfect, she hired some one to make the actual machine for her. The models had not been very sturdy and she wanted one made of iron that would hold up to a full days work. While Margaret was doing all this, a man named Charles Annan stole her idea and had a patent put on it under his own name. Margaret had put too much work into this machine and was not going to sit by and let someone else take the credit for it. She took Charles Annan to court over stealing her idea and her patent. Charles Annan was confident that he could win by convincing the judge that no woman understood machinery and would never be able to design and build a machine complex enough to make square bottom paper bags. Charles Annan underestimated Margaret Knight and it cost him the court battle. Margaret brought in all her drawings, plans and models of the machine. She explained how it worked and why it would improve the method currently used. Her knowledge and documentation proved to the judge that she was the rightful owner of the design and the machine. Margaret got her patent for the paper bag in 1870. She co-founded the Eastern Paper Bag Company in 1870 as well and put her invention to work. She is known as the Queen of Paper Bags and her invention is used to this day, along with the design she created for the square bottom paper bag. References: Tag Brill, M. (2001) Margaret Knight Girl Inventor Mill brook
Saturday, January 4, 2020
Description Of A Sole Proprietorship - 2552 Words
Sole Proprietorship Description A Sole Proprietorship is a business solely possessed by one person. The individual owner makes all the decisions and is held accountable for any matters pertaining to the business. An example of this is a lawsuit, due to the fact that legally the identity of the owner and the business is one and same. As a result of this lack of separation often times the owner is not required to register as a business unless a fake name is in use or certain services requiring a license are being offered. Two Advantages The first advantage of a Sole Proprietorship is that the owner makes all the decisions, without the need to consult anyone else. The second advantage is that the profits belong to the owner and he decides what to do with the money or how to invest it. (Russ, n.d) ( Two Disadvantages One disadvantage of a Sole Proprietorship is that the owner is solely liable and has no protection since his identity and personal finances are not separate in this model of business. The second disadvantage in a Sole Proprietorship is that if the owner were to die or if he wanted to retire and wanted to pass the business on to his children, he couldn t in a sole proprietorship so the business would end. Liability In a Sole Proprietorship, there are no limits on liability since the sole proprietor and the business are one and the same, thus if there was a legal dispute the business would not be sued, but the owner would. When it comes to money the soleShow MoreRelatedTutorial of Enterpreneur1126 Words à |à 5 Pagesbetween the founders by following the amount of initial investment between the founders. Items that include in a foundersââ¬â¢ agreement are nature of the prospective business, a brief business plan, legal form of business ownership, buyback clause, description of the initial operating capital and others. It is important for a team of entrepreneurs to have one in place when launching a venture because it can avoid the conflict such the problem between the founders regarding the profit sharing and distributionRead MoreBenefits Of A Limited Partnership1538 Words à |à 7 Pages Limited partnership Description A Limited Partnership is made out of one or more broad partners and one or more constrained partners. The general partners deal with the business and share completely in its profits and misfortunes. Constrained partners partake in the profits of the business, yet their misfortunes are restricted to the degree of their venture. Constrained partners are normally not included in the everyday operations of the business. Two Advantages Being a limited partner limitsRead MoreThe Current Scenario of Setting Up a Business1375 Words à |à 6 Pagesbasic type of taxed based business organizations are follows Sole proprietorship Partnership C Corporations S - Corporations The nature of each type of state recognized business organization, their tax, legal and accounting interventions are presented below. Following the description of each type of business organizations the later portions expresses the type of organization Decent Designer is going to be. Sole Proprietor Sole proprietor business organizations are unincorporated in natureRead MoreEssay On Opportunity Cost888 Words à |à 4 Pagesthat are below a moderate risk. Sole Proprietorship Sole proprietorships, partnerships, corporations, and Limited Liability Companies are a few of the legal structures to choose from. Any potential proprietor can claim any legal entity if all requirements are satisfied. A sole proprietorship is the method of business ownership; one person owns business, receives all profits, and is personally liable for all debts (Jennings 685). Advantages for sole proprietorships are nominal costs, no formal requirementsRead MoreMarketing Analysis : Shania s Business1350 Words à |à 6 Pagesbusiness. In addition, she should have an elaborate process of sourcing for workers, and it should avoid violating biblical rules, family expectations, and ethical practices. Sufficing these needs can then be followed by the registration of a sole proprietorship. This is the best, simplest, and manageable business form considering the outlined simplistic expectations of opening a Christian oriented coffeehouse. Starting Naming a Business It is important to realize that different businessRead MoreBusiness Plan Essay examples606 Words à |à 3 PagesUnisex Salon is a Sole Proprietorship owned by Chris Forte. Chris Forte plans to incorporate Shear Perfection Unisex Salon one day, but for now Chris is totally responsible for the salon. Chris Forte chose to be a sole proprietor because sole proprietorships are mainly one-owner businesses. Chris Forte can close it, sell it or pass it down to his heirs at any time. A sole proprietor pays taxes as a part of his individual income tax filing. The costs of obtaining a license for sole proprietors are substantiallyRead MoreLegal Forms of Business1082 Words à |à 5 PagesThis paper will also justify why the corresponding business form is preferred. The forms that will be discussed are: sole proprietorship, partner, limited liability partnership, Limited Liability Company, S corporation, franchise, and corporate form. Sole Proprietorship A Sole Proprietor is someone who owns a business by himself or herself. The sole proprietorship is the oldest, most common, and simplest form of business. In this organization, the business is owned and operated byRead MoreEssay On Corporate Tax1401 Words à |à 6 Pagesentities. Selecting the right type of corporation for small business can helps operational success. There are different types of business structures include limited liability companies (LLC), partnerships, S corporations, C corporations and sole proprietorships. My research paper will focus on the difference of corporate tax between those business structures. What is most favorable that small business structures owner will choose for their businesses? What is tax liabilities before and after theyRead MoreAn Introduction With A Thesis Statement1064 Words à |à 5 Pagesbusiness entity and recommend that Acme Fireworks company should not operate as a sole proprietorship. Create an outline of the major headings with a two- to three-sentence description of what you will discuss under each heading: Common law or Uniform Commercial Code (UCC): Here I will explain why I think Acme Fireworks should use Common Law. UCC and common law have many differences for example common law requires a description of the quantity, price, performance time nature of the work and identity ofRead MoreEssay Explaining Basic Accounting Concepts and Business Structures754 Words à |à 4 Pages(Kieso, 2007, p. 33). Reliability. Reliable information is verifiable ââ¬Å"when independent measurers, using the same methods, obtain similar resultsâ⬠(Kieso, 2007, p. 33). Reliable information is a faithful representation when the ââ¬Å"numbers and descriptions match what really existed or happenedâ⬠(Kieso, 2007, p. 33). Reliable information is also neutral, which means ââ¬Å"the company cannot select information to favor one set of interested parties over anotherâ⬠(Kieso, 2007, p. 33). Secondary Characteristics
Friday, December 27, 2019
Causes Of The French Revolution - 1119 Words
The French Revolution The French Revolution of 1789 was one of the biggest upheavals in history. You may be wondering what exactly led this to happen, but there were multiple long range causes. Political, social, and economic conditions ultimately led to the discontent of many French people especially those of the third estate. The ideals of the Enlightenment brought new views to government and society. Before the revolution, the majority of France were living in poverty. Peasants were entirely at the mercy of their class, because they had nothing else. As Jean Jaurà ¨s stated in 1901, there was not one action in rural life that did not require the peasants to pay a ransom. He recognizes that because the king is forcing them to pay higherâ⬠¦show more contentâ⬠¦The Estates-General held their meeting at Versailles on May 5, 1789 (ââ¬Å"The Beginning of the French Revolution, 1789â⬠). Calling a meeting of the Estates-General was the kingââ¬â¢s last resort to fix the major money crisis. The other two social classes had no idea what the third estate was going to do. The third estate (the lower class) met alone and was named the National Assembly; they kept meeting and starting gaining a lot of new people (ââ¬Å"French Revolutionâ⬠). This led to people getting paranoid about what they were meeting about, which ultimately led to people storming the Bastille. They stormed the Bastille on July 14, in order to get gunpowder and weapons (ââ¬Å"French Revolutionâ⬠). According to Vikram Rana, the economic instability formed one of the most important causes of the French Revolution. The last main cause of the French Revolution was the social condition. The social classes were divided into three groups- the Clergy, Nobles, and Common People (Rana). The big Clergy category had two different groups; the higher clergy, and the lower clergy (Rana). The higher clergy managed the top buildings, and never had to pay taxes. They had it a lot better than the lower clergy, the higher clergy only lived in mansions and anywhere luxurious. The lower clergy didnââ¬â¢t get any of that, which means their life wasnââ¬â¢t so great. The nobility was a lot like the higher clergy, because they alsoShow MoreRelatedCauses Of The French Revolution896 Words à |à 4 Pagesyears, the French Revolution went from women marching to Versailles and demanding bread, to the institution of the Reign of Terror, which killed close to 250,000 people. The late 18th century was a dramatic time of French, political transformation which originally strived to implement equality throughout the nat ion. The Declaration of the Rights of Man and of the Citizen reflected the ideas of the Enlightenment and presented the idea of equality and liberty. In theory, the French Revolution of 1789Read MoreCauses Of The French Revolution906 Words à |à 4 PagesThe French Revolution began with a corrupt monarch, and ended with the death of thousands. In 1789 the bourgeoisie (middle class) and peasants revolted against King Louis XVI and nobility, citing various reasons as cause: including corruption and a poor economy. These people, making up 97% of the population, were known as the third estate. The original purpose of the revolution was to create a constitutional monarchy, but this idea quickly became lost in the radical ideas of the revolution. HoweverRead MoreCauses Of The French Revolution911 Words à |à 4 PagesThe French Revolution was a major turning point in all of European history. The old regime was destroyed and a new order came to be. We will talk about the causes of the re volution, when it ended, and if it was violent, Napoleon, what happened after his defeat, and some other leaders, and movies I have seen about the Revolution and how they were correct, plus other things I want to learn. The immediate cause of the French Revolution in 1789 was the near collapse of the French budget. On theRead MoreCauses Of The French Revolution750 Words à |à 3 PagesA revolution is a drastic change in the way something is done, such as a government or an economy. One such revolution took place in France where the government was changed several times, many different people obtained power, and traditional ideas were questioned. The French Revolution had many social, political, and economic factors that caused it, and it was very impactful on the people of France, and on the areas outside of it. There were many causes of the French Revolution; some were politicalRead MoreCauses of the French Revolution991 Words à |à 4 PagesFor six of the eight causes of revolution, describe two events, actions or beliefs (evidence) during the years before the French Revolution that led to a developing revolutionary situation. Explain how each contributed to the revolutionary situation. Frances failed attempts at economic reform contributed heavily to the developing revolutionary situation. In August 1787, when the parlements refused to implement the Kings proposed changes to the financial system, it became clear that the Kings authorityRead MoreThe Causes Of The French Revolution902 Words à |à 4 Pagesthe French Revolution was not caused by one single phenomenon, however it can be said that the events occurring in accordance with the French Revolution were not only terrifying but when looking through our eyes just clearly wrong. The most significant reasons for the French Revolution are the imbalance of equality, power, and rights these reasons are supported by the ideas of liberty and fraternity which developed from the enlightenment era philosophers. In conclusion to the French Revolution theRead MoreThe Causes Of The French Revolution1273 Words à |à 6 PagesDuring 1789, the French Revolution broke out against totalitarian rule and extreme poverty suffered by French civilians. France was under the absolute control of Louis XVI who gathered groups of nobles, clergy, and other royal families in certain cities. The corrupt French royal families in those cities were squandering nearly 75% of Franceââ¬â¢s wealth and in addition to the expense of royal classes, other wealthy classes such as landlords, local government, and churches were not taxed which made taxesRead MoreThe Causes Of The French Revolution1522 Words à |à 7 PagesThe French Revolution The French Revolution was arguably one of the most significant and controversial events in European history. It occurred during the years 1789-1799 when many French citizens became enraged with society and demanded political, financial and social change. The French peopleââ¬â¢s primary goal was to put an end to monarchy and bring reform to many aspects of French life. Inspired and motivated by the famous American Revolution, French citizens were urged to take action in orderRead MoreFrench Revolution Causes1139 Words à |à 5 Pages The French Revolution was not an event that happened overnight but rather a series of events that occurred over several years leading up to the overthrow of the monarchy and the implementation of a new government. The Primary cause for the fall of the Ancien regime was its financial instability and inability to improve upon the lives of the French people. The 4 key flaws or events leading to the fall of the regime was; the structure of royal government, the taxation system, the structure of frenchRead MoreCauses of the French Revolution3450 Words à |à 14 PagesTHE FRENCH REVOLUTION (1789-1799) The French Revolution was a watershed event that changed Europe irrevocably and ended a century of slowly increasing opposition to absolutism and the supremacy of a decadent aristocracy. The causes of the French Revolution are difficult to pin down. Therefore, we will divide them into long-term and immediate causes. Within long-term causes, we will also define intellectual, political and economic causes. Long-Term Intellectual Causes Before a movement can reach
Thursday, December 19, 2019
The Association Between Moral Foundation and Political...
The association between moral foundation and political orientation in Australia: Do the American studies carry over to an Australian Population? HAYDEN TIPPING -100594202 Swinburne University of Technology Psych 101-Assesment 1 Due Date: 31st August 2015 Tutorial: Thursday 4.30-5.30 Introduction Political preferences seem an obvious topic of research, as the findings of such research are highly sought after. As such any research relating to what motivates political orientation would be very useful. For this reason a great deal of research into the relationship between moral foundation and political orientation has been done in recent years. For this study political orientation is measured using a 7-point scale from liberal toâ⬠¦show more contentâ⬠¦Whereas a strongly conservatives averaged neutral on Ingroup / loyalty statements, while agreeing with fairness / Reciprocity, Harm / Care and Purity / Sanctity and strongly agreeing with Authority / Respect(Graham, Haidt and Nosek 2009). In an earlier paper Haidt and Graham(2007) found that for extreme liberals, Harm / Care and Fairness / Reciprocity where almost always relivent, however those who are extremely conservative find that they value all five more equally when making moral choice. This correlates almost perfectly with the earlier paper from Graham, Haidt and Nosek(2009), showing that the findings seem highly reliable. Haidt and Graham(2007) go on to say that the recognition of the final three moral foundations(Ingroup / Loyalty, Authority / Respect and Purity / Sanctity) is key to allowing more fair and even discussions between the two political standpoint s. Furthering on this Tyran (2004) found that when a person is presented with a voting option in a referendum where the result would be of financial cost to themselves, but would be morally right, specifically relevant to the Harm / Care and Fairness / Reciprocity foundations, voters tended to vote for the morally right option. This demonstrates that the connection between moralShow MoreRelatedThe Role of Unions in South Africa19306 Words à |à 78 Pages5.1.11 Level of commitment and participation in striking as well as partaking in the unionsââ¬Å¸ daily duties 5.1.12 The future of trade unionism and collectivism in South Africa upon participants 54 53 52 47 49 45 6. Chapter 6 6.1 Limitations of the study 6.2 Conclusion and recommendations 56 56 56 7. References 58 A decline in collectivism, unionisation and union influence? 4 Abstract Amid the immense changes in the 21st century world of work, has come with it widely held views that significantRead MoreA Jerney in to the Deaf World15812 Words à |à 64 Pageshappened to him. This sums up the whole chapter. It is trying to show the reader different reactions to being deaf, and how deaf people, like everyone else, have unique stories to tell. 1) What is a CODA and what does it mean? 2) What do many CODAs eventually do? 3) What is the books view on strictly oral schools? Chapter 2 Posted by Lonnie R on Saturday, June 14, 2003 2:57pm The response of parents to the advent of a Deaf child is likely to depend on whether the parents are hearing or DeafRead MoreComparative Study of Education System of Philippines and England9434 Words à |à 38 Pagesmajority of children are educated in state-sector schools, only a small proportion of which select on the grounds of academic ability. Despite a fall in actual numbers, the proportion of children in England attending private schools has risen to over 7%.[193] Just over half of students at the leading universities of Cambridge and Oxford had attended state schools.[194] State schools which are allowed to select pupils according to intelligence and academic ability can achieve comparable results to the mostRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words à |à 656 PagesDavid M. Scobey, Empire City: The Making and Meaning of the New York City Landscape Gerda Lerner, Fireweed: A Political Autobiography Allida M. Black, ed., Modern American Queer History Eric Sandweiss, St. Louis: The Evolution of an American Urban Landscape Sam Wineburg, Historical Thinking and Other Unnatural Acts: Charting the Future of Teaching the Past Sharon Hartman Strom, Political Woman: Florence Luscomb and the Legacy of Radical Reform Michael Adas, ed., Agricultural and Pastoral SocietiesRead MoreDeveloping Effective Research Proposals49428 Words à |à 198 Pagessciences--Research--Methodology, Proposal writing in the social sciences. cover next page Page i Developing Effective Research Proposals previous page page_i next page Page ii Series Editor: Keith F Punch, University of Western Australia A series of short practical ââ¬Ëhow-toââ¬â¢ books aimed at the beginning researcher. The books will cover a central topic, including the main methods, approaches and analytic techniques in social research, from developing a research topic through to writingRead MoreCsr Communication in the Pharma Industry35538 Words à |à 143 Pages31 33 38 40 40 41 42 43 45 2 CSR COMMUNICATION IN THE PHARMACEUTICAL INDUSTRY Josà © Javier Levrino 3. CSR in the pharmaceutical industry 3.1. Introduction to the pharmaceutical industry 3.2. Health and the pharmaceutical industry 3.3. Why do companies in the pharmaceutical industry get involved in CSR? 3.4. Pharmaceuticals and CSR: the importance of stakeholders 4. Introduction to the analysis of the websites 4.1. Communicating CSR through websites 4.2. Analytical framework 4.3. CompaniesRead MoreBusiness Ethics and Global Economy10535 Words à |à 43 PagesS. courses. Sid understood what the government official wanted and relayed the request to Glenna, who told him that granting a favor of this kind would normally be against policy, but because such favors seemed to be the custom in Japan, they could do some ââ¬Å"creative bookkeeping.â⬠ââ¬Å"When in Rome, right, Sid?â⬠was Glennaââ¬â¢s response to the whole situation. By pulling some strings, Glenna managed to have these officials play at ten of the most exclusive U.S. golf courses. Later, several officials pass edRead MoreMonsanto: Better Living Through Genetic Engineering96204 Words à |à 385 Pages441 441 CASE STUDIES A summary of the case analysis I N T R O D U C T I O N Preparing an effective case analysis: The full story Hearing with the aid of implanted technology: The case of Cochlearâ⠢ ââ¬â an Australian C A S E O N E high-technology leader Delta Faucet: Global entrepreneurship in an emerging market C A S E T W O DaimlerChrysler: Corporate governance dynamics in a global company C A S E T H R E E Gunns and the greens: Governance issues in Tasmania C A S E F O U R Succeeding in theRead MoreAnnotated Bibliography: Plagiarism39529 Words à |à 158 Pagesproperty. Drug Discovery Today, 17(23-24): 1254 1257. Massoud, M. R., Mensah-Abrampah, N., Sax, S., Leatherman, S., Agins, B., Barker, P., Kelley, E., Heiby, J. R. and John Lotherington. (2012), Charting the way forward to better quality health care: how do we get there and what are the next steps? Recommendations from the Salzburg Global Seminar on making health care better in low- and middle-income economies. Int J Qual Health Care 24(6): 558- 563. Appendix (Full Text of all 10 Articles) Rushby, NRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 Pagesand Values 131 Perception and Individual Decision Making 165 Motivation Concepts 201 Motivation: From Concepts to Applications 239 3 The Group 9 10 11 12 13 14 15 Foundations of Group Behavior 271 Understanding Work Teams 307 Communication 335 Leadership 367 Power and Politics 411 Conflict and Negotiation 445 Foundations of Organization Structure 479 v vi BRIEF CONTENTS 4 The Organization System 16 Organizational Culture 511 17 Human Resource Policies and Practices 543 18
Wednesday, December 11, 2019
Australian Security and Investment Commission - MyAssignmenthelp.com
Question: Discuss about theAustralian Securities and Investments Commission. Answer: Introduction The case of Australian Securities and Investments Commission v Mariner Corporation Limited [2015] FCA 589 is in relation to the breach of directors duties. The proceeding is related to the legality of the defendants conduct of making a takeover bid. The proceeding is not only in relation to the company but also three of its directors namely Mr Darren Olney-Fraser, Mr Donald Christie and Mr Matthew Fletcher. The action has been brought with respect to the breach of Section 631 (2)(b), 1041H and 180(1) of the Corporation Act 2001 (Cth) (CA). Declarations have been sought by the ASIC against all the defendants in the case and specifically disqualification from management and pecuniary penalties against the individual directors. The trial was only in relation to the liabilities of the parties and issues in relation to penalties and relief were to be heard latter[1]. In this case it has been alleged by the ASIC that the defendant company violated the provisions provided by section 631 (2) (b) of the CA. The allegation was based on the fact that the company publicly proposed a takeover bid for Austock, recklessly without informing itself that whether it has the capability of performing its obligations and relation to the takeover bid at 10.5 cents for each share in case considerable proportion all the offers with respect to the bid are accepted. It has been provided by the ASIC that the organisation did not have financial resources on 25th June 2012 to fund the bid and in addition had not received relevant assurance from any third party as well as it did not have any agreement with any third party in relation to provisions of the required funding. Section 1041H of the CA was allegedly violated by the organisation as the announcement made by the company resulted in a misleading and deceptive conduct or a conduct which is likely to deceive and mislead as there was no permission of making a takeover bid shares in Austock for less than 11 cent every share. The ASIC had also put its reliance on the provisions of section 621 of the CA[2]. In addition it was stated by the ASIC that the organisation tried to mislead the market in relation to its ability of funding the bed at a lesser price or at a price which was required[3]. It has been denied by the defendants of the case that the organization have violated the provisions set out through section 631(2)(b) along with section 1041H of the CA. in addition it has been argued by the directors that the allegations which have been made by the ASIC in relation to the breach of section 180 of the CA are baseless. It has been submitted by each of the directors that their actions were not in the violation of their duties irrespective of whether the company itself indulged in the non-complying conduct. It has been asserted by the ASIC that section 180 of the CA has been violated by the directors whether or not they have breached the provisions provided in section 1041H of the CA[4]. Duties breached by the directors of Mariner Corporation Limited as alleged by the ASIC It has been allegedly stated by the ASIC that all three directors of Mariner Corporation Limited have not complied with their duty stated in section 180(1) of the CA. the duty requires the directors to carry out their operations towards the company with diligence and care. Such care and diligence is evaluated and analysed when by putting a reasonable person in the same position and situation which the actual directors hold. If the reasonable person would have indulged in making the same decision the duty stands complied by the directors[5]. It has been alleged by the ASIC that section 180 of the CA has been violated by the directors and they have not acted diligently and carefully towards their functions which a reasonable director would have done by making the company: Contravene the provisions of s 631(2)(b) by making a public proposal Contravene the provisions of s 1041H by making an announcement to the ASX Contravened s 621 (3) by stating that they would make a bid which cannot be made lawfully (Stating to make the bid at 10.5 cents where they could not do so below 11 cents legally.) Not take into consideration regulatory constraints on the capacity of the organization of acquiring more than various share percentage in Austock Critical analysis of the decision provided by the court in this case In the given case it has been stated by the court that ASIC have failed to establish their claim against the directors of the company or the company itself. Therefore the court accordingly dismissed the case made by the ASIC[6]. The following view had been reached by the court in this case The test in relation to the term Reckless us a subjective test under the provisions of s 631 (2)(b). Through the application of the test in the situation the company is not reckless. Alternatively, in case the test of analysing whether a company or individual is reckless or not is objective even than the company is not reckless The company did not indulge in any conduct which contravened the provisions provided in s 1041H of the CA in relation to funding or price representation Alternatively, in case the organization did indulge in a misleading or deceptive conduct in relation to the representation of price, it would not be entitled to any relief on any reasonable ground. The directors of the company did not indulge in any action which violated the provisions of section 180(1) irrespective of whether they violated s 1041H or 631(2)(b) Alternatively in case section 180 has been violated by Mr Olney-Fraser, it cannot be held that Mr Fletcher or Mr Christiehave done the same as they relied upon the information given to them by Mr Olney-Fraseralong with their right to invoke section 189 of the CA[7]. The court in relation the issue considered the provisions provided in s 180(2) of the CA which discusses to business judgement rule to come to a conclusion that the directors of Mariners have not violated section 180(1) of the CA. According to the section the primary requirement is that there as to be a Business Judgement. Thus means an act of making a decision in relation to the business operations of the organization[8]. Here, the business judgement made by the directors was to make a takeover bid for Austock. It can therefore be stated that the characterization of the business judgement rule by the ASIC was not in compliance to the provisions of the Act. The reliance of ASIC on the case of ASIC v Fortescue Metals Group Ltd[9] is also a misconceived analysis of the decision taken by the directors. In addition the directors consciously used their business judgements to support the bid. Evidence has also been provided by the directors that in the given situation funding for the bid would have even been provided by a dover dog. The evidence is viewed in the light of the relevant and substantial evidence of the directors in such deals. Another requirement for the business judgement rule is that the bid is made in good faith towards a proper purpose. The requirement can also be said to have been satisfied. It was decided by the directors to make the bid and the announcement related to it in relation to the chances of the company of making significant profit along with the belief that the decision of making the bid and the announcement is in the best interest of the company. In relation to the third requirement the person making the decision must not have any personal interest in the subject matter of the decision. This requirement is also satisfied as there was no personal interest which the directors had in relation to the bid and announcement[10]. One more requirement in relation to the defence under the business judgement rule is that the directors have the duty of informing themselves in relation to the subject matter of the decision to the degree that they believed that it is appropriate and correct. In the case of ASIC v Rich[11] it has been stated by the judge that whether the decision was an informed decision or not is analysed by looking into factors such as importance of the decision, time in had to get information, cost of getting information, confidence of the directors, nature of the affairs of the company and availability of material information. The through considering these factors the judges in the present case held that the decision was informed. Moreover in relation to to an extent they reasonably believed to be appropriate The ASIC cited the case of Peoples Department Store Inc v Wise[12] where it was ruled that reasonably believed does not included what the directors actually know but what they are supposed to be knowing. However the court reject such submission by stating that such a ruling distorts the statutory language as it would deny the directors any protection unless they are able to show compliance of diligence and care in relation to other issues. The court in this case considered that the directors relied on the fact that they have been provided adequate information for making an informed decision by conducting various discussions and meetings and their knowledge about the level of interest in Austock[13]. The final requirement in relation to section 180(2) is that the decision has to be in the best interest of the company. The requirement is said to be satisfied when the defendants believed that the act was in best interest of the company and is supported by reasoning process which is adequate to describe it is being reasonably correct, irrespective of whether it is objectively convincing. The court held that the directors had this belief and it is not a kind of belief which would not be held by any reasonable person[14]. In addition it had been stated by Justice breach that it would be wrong to assert that causing the organization to breach a provision of the act would automatically lead to the violation of section 180 to the contrary of what has been stated in ASICvCassimatis[15] Future relevance of the case reasonably believed does not included what the directors actually know but what they are supposed to be knowing is not correct rather having adequate information to make the decision would satisfy this element of section 180 (2) It is now wrong to assert that causing the organization to breach a provision of the Corporation Act would automatically lead to the violation of section 180(1) The decision would give the directors who rely of their experience and skills power of taking calculated risks in relation to the organization Bibliography ASIC v Rich (2009) 236 FLR 1 ASICvCassimatis(No 8) [2016] FCA 10234 Australian Securities and Investments Commission v Mariner Corporation Limited [2015] FCA 589 Corporations Act 2001 (Cth) Fortescue Metals Group Ltd vAustralian Securities and Investments Commission - [2012] HCA 39 Peoples Department Store Inc v Wise [2004] 3 SCR 461 at [67] [1] [2015] FCA 589 at 1 [2] [2015] FCA 589 at 2 (a) [3] [2015] FCA 589 at 2 (b) [4] [2015] FCA 589 at 2 (b) [5] Corporation Act 2001 (Cth) at Section 180(1) [6] [2015] FCA 589 at 4 [7] [2015] FCA 589 at 5 [8] Corporations Act 2001 (Cth) at section 180(2) [9] [2012] HCA 39 [10] [2015] FCA 589 at 500 [11] (2009) 236 FLR 1 [12] [2004] 3 SCR 461 at [67] [13] [2015] FCA 589 at 472 [14] [2015] FCA 589 at 489 [15] (No 8) [2016] FCA 1023
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