Occupiers Liability Essay examples -- Papers

Occupier's Liability Objective The objective of this document is to outline the obligations of the RSPB, as occupier of property. The obligations are set out in two Occupier's Liability Acts 1957 and 1984, and are owed to persons who enter RSPB property either as licensed visitors, or as unlicensed trespassers. The document does not purport to cover every particular situation and those in any doubt should consult Legal and Compliance as to secure their own position. Overview The RSPB owns large quantities of real estate, including many public reserves. It also owns many offices to which employees have access. As Occupier, the RSPB owes a duty of care to any persons who use RSPB land, irrespective of authorisation. Legal Analysis RSPB is the Occupier for the purposes of both the "Occupier's Liability Act 1957" and "Occupier's Liability Act 1984." This is because the RSPB as an organisation has immediate supervision and control and the power of permitting or prohibiting the entry of persons onto its land. Thus, the Law imposes equitable liability upon the RSPB for its defective premises and death or personal injury (and loss to property) that incurred by persons upon its land This responsibility upon the RSPB to secure the welfare of persons upon its land, is affected by the status of such persons. Indeed, the duty owed to lawful visitors is of a higher standard than the duty owed to unlawful trespassers. However, in accordance with the law, 'reasonable measures' need to be taken to secure the welfare of both groups. The Duty of Care owed to Lawful Visitors Section 2 (2) of the Occupier's Lia... ...tandard of care owed differentiates. The standard for an invited person is higher as the RSPB undertakes to secure his welfare, the standard for a trespasser is objective and thus lower, as the trespasser is deemed to be an average person, and no regard is given to the idiosyncrasies of the trespasser: age, mental health. Evaluation The RSPB must take all reasonable measures to ensure its grounds are reasonably safe and that any disclaimers of safety offer greater protection to the visitor rather than just highlighting the risk. However, for trespassers, there must still be no overtly dangerous objects/circumstances upon RSPB property, though regard need not be given to particular characteristics of trespassers. Moreover, disclaimers ought to warn of the dangers but not necessarily offer any alternatives.

Compare and Contrast Rap and R&B Essay

Even though rap music is considered violent, there are some rap songs that delivers positive messages and then you have some R&B songs that are just as violent and raunchy as some Rap songs. Rap and R&B music are both enjoyable; however, both genres of music have a lot of differences. The word â€Å"Rap† came from a slang word meaning conversation. Rap music tends to attract a more tough and rowdy crowd. It is often categorized as violent music and has been known to be protested against. One of the reasons that some people think that Rap music is considered violent is because of the lyrics and the videos. Some of the lyrics in rap music talk about killing, robbing, shooting, stealing, sex and drugs. A group name N.W.A. (Ni**az with Attitude) made a song called â€Å"F**K Da Police† in the 80’s. The song caused a lot of uproar from not only the police but parents and fellow congressman as well. The Rap music videos often have a lot of half naked women dancing and gyrating in skimpy outfits. Sometimes you will see sexual references in these videos that can be considered â€Å"soft porn.† Luther â€Å"Uncle Luke† Campbell, was in fact taken to court because certain people thought that his videos and lyrics were too sexual and that he should be banned from putting out any more music. The end result of that was a Parental Advisory sticker being slapped on all cd’s that has either violent or sexual lyrics or cd covers. Rap music has also been claimed by most critics that rap causes sexist beliefs. I guess the reason being is because of the way the women are portrayed in these videos. Some of them are called â€Å"Video Ho’s†, â€Å"Groupies,† and now â€Å"Video Vixens.† The letters R&B stands for â€Å"Rhythm and Blues.† R&B music tends to attract a mellower, chill crowd and is put into a category called â€Å"baby making† music. R&B music has never been protested against and does not contain violent lyrics or videos. While rap music has a more a hard bass sound, R&B music has a more mid-tempo slow beat with a lot of wind instruments. Some R&B songs talk about being heartbroken and in love. Read Also:  Easy Compare and Contrast Essay Topics The reason most R&B songs are put into a category called â€Å"baby making† music  is because of the very slow sensual sexual beats that the songs have. There are certain songs that set a romantic mood for lovers or significant others. Certain groups or singers like The Isley Brothers and Barry White are known for having that very slow and sensual groove. In my opinion I do believe that R&B songs are more sexual than Rap. You have titles of R&B songs called: Sex Me, 12 play, T-shirt and Panties, and Let’s Ride, just to name a few. The lyrics in these songs may not be violent but they are definitely very sexual and raunchy. While R&B music has never been protested against, there have been some issues back in the late 50’s early 60’s with some of the dance moves and lyrics to songs. A song called the â€Å"HuckleBuck† dance moves were considered very racy. Recently there has been an issue with a song called â€Å"Sponsor† by R&B artist Teiarra Marie. Even though the lyrics are nowhere near sexual explicit as most R&B songs, her lyrics are stating that she has a man that buys her shoes, clothes, jewelry, and gives her money. Some see this as an issue because young women who look up to Teiarra Marie may think that it is okay to depend on a man to buy them things and to give them money; when they can just work and make their own money. I enjoy listening to both genres of music. The stuff they say about rap is not all true. I am not a violent person and I enjoy Rap just as much as I enjoy R&B music. I do prefer to listen to R&B over rap simply because I like the beats better. Even though the two attract different audiences, they both have one purpose and that is to entertain their fans and give them what they ask for.

The Tempest the Play by William Shakespeare Essay

The Tempest the Play by William Shakespeare Ruler’s in general face many problems, as is the nature of having power and authority. However rulers like Prospero face even more difficulties, as Prospero has the ultimate power of magic and can control and manipulate people and their actions, more so than a natural ruler. The first difficulty presented is an issue, which is dealt with throughout the play: the idea of how much or how little to intervene? From the beginning of the play we are told of how and why Prospero is usurped from his dukedom, â€Å"I thus neglecting worldly ends, all dedicated/ To closeness, and the bettering of my mind/ With that which, but by being so retired, O’er-prized all popular rate, in my false†¦show more content†¦This idea is further developed in Act 2, scene1 where, as previously mentioned Sebastian and Antonio attempt to kill Gonzalo in his sleep. Illustrating the disloyal nature of those individuals close to those in power. This is of course the main reason why Prospero is on the island because of his trusting and naive nature, of those around him. This theme is explored in numerous Shakespearian dramas and is perhaps the worst danger for a monarch in Shakespeare’s plays. Good rulers get deposed and killed when they are too trusting; when they fail to be aware of usurpers and betrayers. Hamlets father is shocked that his brother would unnaturally murder him. Lear believes his inherent kingship will inspire reverence even when he strips himself of real power. Edgar, who with tragic naivety trusts his brother Edmund, has to learn to deceive and dissemble before hes qualified to become king. Duncan cant find the minds construction in the face, so hes killed by a traitor with a false face. Thats why Malcolm, before he becomes king, has to demonstrate his ability to lie to Macduff, to test whether hesShow MoreRelatedWilliam Shakespeare s The Tempest And Julie Taymor s Film Version Of The Play1424 Words   |  6 PagesThe poem, The Tempest was written by William Shakespeare which consists of romance. The poem is written in 16 10-1611 in England and published in 1623. Its literacy period is the Renaissance (1500-1660). Julie Taymore’s film version of the play allowed the audiences see a visual of the play and how each actors portrayed the characters of the play. One notable difference between William Shakespeare’s The Tempest and Julie Taymor’s film version of the play is the results of Prospero’s magic. This differenceRead MoreWorld Events Influencing Shakespeare ¨s The Tempest Essay example1277 Words   |  6 Pagesâ€Å"What’s past is Prologue† – William Shakespeare Shakespeare lived and produced much of his famous works during the time when Queen Elizabeth ruled England and Ireland. This era was known as the Elizabethan Era. The world and its people were quickly evolving. It was the â€Å"golden age† of poetry, music and literature. It was in the midst of European exploration that Shakespeare wrote, The Tempest. It would be safe to suggest that many of the worldly events during this time, such as the shipwreck ofRead MoreThe Tempest By William Shakespeare1603 Words   |  7 PagesShakespeare’s play, The Tempest, power is manifested in several forms: the investigation of the power of love, the power of magic and illusion, or the power of nature. However, in The Tempest, power is most clearly defined as dominance. Throughout the play, there is a universal pursuit of dominance over other people, dominance over property, or dominance over cultural ideals. These pursuits of dominance are used in an attempt to further ones authority, and, ultimately, one’s life. In The Tempest, a motifRead More Aime Cesaires A Tempest Clarifies Shakespeares The Tempest1683 Words   |  7 PagesCesaires A Tempest Clarifies Shakespeares The Tempest      Ã‚  Ã‚   Negritude, originally a literary and ideological movement of French-speaking black intellectuals, reflects an important and comprehensive reaction to the colonial situation of European colonization (Carlberg).   This movement, which influenced Africans as well as blacks around the world, specifically rejects the political, social, and moral domination of the West.  Ã‚   Leopold Senghor, Leon Damas, and Aime Cesaire are the three pioneersRead MoreThe Tempest By William Shakespeare1705 Words   |  7 PagesLiterature Mr. Nath 5 December 2014 The Tempest Written between 1610 and 1611, The Tempest by William Shakespeare is the final play penned by the famous Bard. The play portrays the illusory struggle of power and conscience through the character of Prospero and his egocentric motives. Politically, the play can be seen as an analysis of important political issues relevant to that of oppression and imperialistic tendencies of the time. Artistically, The Tempest emphasizes the nature of art, more prominentlyRead MoreThe Tempest: 3 Differences Between the Play and the Movie952 Words   |  4 Pages3 Differences Between The Play And Movie â€Å"The Tempest† â€Å"The Tempest† is a play written by William Shakespeare in early 1600s that has been previewed in different kinds of movies, such as the one made in 2010, directed by Julie Taymor. It is a play containing themes such as; revenge, allusion, retribution, forgiveness, power, love and hatred. When it is compared to the play, there are specific differences seen in the movie, such as; Prospero is reflected as a woman in the movie. The time differencesRead More tempcolon Confronting Colonialism and Imperialism in Aime Cesaires A Tempest1403 Words   |  6 PagesColonialism in A Tempest   Ã‚  Ã‚   A Tempest by Aime Cesaire is an attempt to confront and rewrite the idea of colonialism as presented in Shakespeare’s The Tempest.   He is successful at this attempt by changing the point of view of the story.   Cesaire transforms the characters and transposes the scenes to reveal Shakespeare’s Prospero as the exploitative European power and Caliban and Ariel as the exploited natives.   Cesaire’s A Tempest is an effective response to Shakespeare’s The Tempest because heRead More Conflict and Harmony in The Tempest Essay1390 Words   |  6 PagesConflict and Harmony in The Tempest   Ã‚  Ã‚   William Shakespeare describes a utopic world saturated with supernatural images and ideas which works to create the mysterious island where The Tempest takes place.   This is one of Shakespeares best examples of how a natural harmony reveals itself through the actions of discourse and confusion.   To illustrate this idea best one must examine the historical context upon which The Tempest is based.   Because this play was published in the early 1600sRead MoreWilliam Shakespeare s Prospero Of The Tempest1747 Words   |  7 Pageshow Prospero of The Tempest would be William Shakespeare, or even to imagine that this play is a set of symbols and metaphors that provides an allegory for which is to express this play. The research into the argument of Prospero reflecting Shakespeare has made a valid discourse, because it is based on the extending the premise that all of Shakespeare’s works are to some degree associated with his own life. This idea that using symbols to somehow have meaning outside of the play begs the inevitableRead MoreEssay on The Tempest as Shakespeares Resignation Speech831 Words   |  4 PagesThe Tempest as Shakespeares Resignation Speech      Ã‚  Ã‚   In Shakespeares, The Tempest, the character Prospero is in many ways similar to Shakespeare himself at the time he wrote the play.   Prospero, having entertained himself with his magic for most of his life, now gives up his powers as he seems to understand that his magic is no more and no less than life itself :   it is just as transitory and hollow.   This seems to reflect on Shakespeares attitude toward play writing.   Having spent his

Theories of Teaching and Learning and their Impact on the...

Theories of Teaching and Learning and their Impact on the Classroom Environment Although there are many theories of teaching and learning, this essay will be focusing primarily on professionalism, cognition and language, cognitive views of learning and behaviourism, and how they individually and collectively impact the classroom environment. A professional teacher encompasses essential characteristics to teach at their highest level. They continue to learn throughout their teaching careers and constantly assess themselves and their students. Professionals also have the ability to make decisions in ill defined situations (Eggen Kauchak, 2010, p. 5) , showing their knowledge and understanding of their students, teaching and the†¦show more content†¦The way students think about the world they live depends on their maturity and perhaps even more significantly on their experiences (Eggen Kauchak, 2010. p. 20) . This is all connected to development, and the three factors affect ing development, namely, experience, learning and maturation. It is why younger students dont comprehend to the extent of older students, or why through experience, a student may know more than his or her peers. It is referred to as cognitive development. When the human brain and cognitive development are explored we can see why maturation is so important to a students learning and understanding. To understand cognitive development more accurately, a deeper and explanation of how the brain deals with provided stimuli, and also why maturation has such an impact on learning is needed. The brain contains neurons that are made up of dendrites and axons. Dendrites are a part of neurons that receive messages from other neurons, these make up the learning capabilities of the brain. Axons are components of neurons that transmit outgoing messages to other neurons. To allow these messages to be transmitted there are tiny spaces between the neurons called synapses. Explaining this further, y oung childrens brains create new synapses for very new experience they encounter, however, as they grow, and information is correlated, only the ones needed remain. If the brain is stimulated it will retain moreShow MoreRelatedLearning Is Viewed As One Of The Most Important Interactive Activities1643 Words   |  7 Pages Learning Theory Paper Kimberlyn Boddie EDUC 2130: Teaching Learning Professor: George Darden November 1, 2015 Learning is viewed as one of the most important interactive activities in which children engage. Although most learning occurs outside of the school setting, it is the heart of the educational process. Psychologists and philosophers searched to understand the true nature of learning, why and how learning occurs at different stages in life and how it can haveRead MoreAed 200 Classroom Mgmt Paper1027 Words   |  5 PagesAssignment: Classroom Management Paper June 6, 2010 Aaronita J Morgan AED/200 Instructor: Junett Johnston The principles of behaviorism can be useful in facilitating learning within the classroom. Behaviorism offers a particular perspective on how learning occurs and how teaching impacts that process. B.F. Skinner argued that, â€Å"A behavior is more likely to reoccur if it has been reinforced or rewarded. Thus reinforcement can be used to strengthen existing behaviors, asRead MoreCritical Thinking And Problem Solving Skills1648 Words   |  7 Pageswith the integration of learning theories, pedagogies, transformative learning spaces, behavioural management and most importantly; the evolution and role of technology. Learners within the 21st Century are experiencing an education where they are taught to collaboratively communicate and construct new understandings, while acquiring higher order thinking skills to apply beyond the classroom environment. This essay will examine pedagogies and theories regarding the impact upon the quality of educationRead MoreA Personal Philosophy Of Education Essay1164 Words   |  5 Pagesof the professor is critical for meaningful learning to occur. Self-knowledge through reflection allows the professor to embrace teaching through the eyes of a scholar; thus providing a diverse learning environment supporting engagement and motivation of the learner. This paper describ es a specific academia’s mission and vision and why it resonates with me. This paper also explores my personal philosophy of education, ascertaining the learning theory I identify with the most. Mission and VisionRead MoreTheories Within the Classroom Environment Essay1477 Words   |  6 PagesThe foundation of a classroom setting is based on theories that enhance student learning, have a positive impact on the classroom environment and may â€Å"provide valuable guidance for teachers† (Cooper, 2006, cited in Eggen and Kauchak, 2010). Even though teaching is about what a student is taught, there are certain practises that are used to get the most out of students without the student realising. Experts in the field have developed different theories that aim to provide an answer as to how andRead MoreTeaching Philosophy, Theories, And Pedagogies Work For Your Teaching Style Essay1618 Words   |  7 Pagesdiscover what teaching philosophy, theories, and pedagogies work for your teaching style. â€Å"The best way to teach† is unique to each individual teacher. Even so, there are some aspects of teaching that are important to being an effective teacher. Some of the facets I will be discussing include understanding the Concordia University Educator as Professional Decision Maker, Reflective†¨Practitioner, and Adaptive Expert conceptual framework, learning theories to consider, and effective classroom practicesRead MoreMaslow s Hierarchy Of Needs Theory Essay1464 Words   |  6 PagesAbraham Maslow Maslow’s hierarchy of needs theory has made a major impact in education and within classroom management within our schools. Maslow takes on a holistic approach to education and learning. He looks at the entire physical, emotional, social, and intellectual qualities of an individual and how they impact on learning. According to Maslow s hierarchy theory, the work of the classroom teacher is obvious. Before a student s cognitive needs can be met they must first fulfill their basicRead MoreExploring The Potential Impact Of A Classroom Learning Environment And Faculty Teaching Approaches1473 Words   |  6 PagesIntroduction â€Å"A learning environment is all of the physical surroundings, psychological or emotional conditions, and social or cultural influences affecting the growth and development of an adult engaged in an educational enterprise† (Hiemstra,1991, p. 8). The purpose of this analysis paper is to explore the potential impact of a classroom learning environment and faculty-teaching approaches on the student learning in higher education institution and answer the following question: Is it the learning environmentRead MoreBest Practices Of Brain Research For Teaching Primary Readers Essay799 Words   |  4 Pagesinterests, learning styles, and preferences. Brain research and studies have been performed to determine how students learn. These studies can help educators ensure they are providing their students with enhanced instruction that meets their individual needs. Best Practices of Brain Research For Teaching Primary Readers Author Tamara Lee Opalek examines current brain research completed within the past ten years. Opalek discusses diverse students and their performance in the classroom. AccordingRead MoreTeaching And Learning Theoretical Framework Essay1694 Words   |  7 PagesJoseph Joubert. As a teacher I will learn from teaching my students. I will develop a more in depth understand and possibly a view from a different perspective. My philosophy of teaching is written from the perspective of a graduate school student. I have not yet begun my career in academia. I expect my philosophy to develop over the years and change with experience. I pray it does because if it does not, something is terribly wrong. Teaching/Learning Theoretical Framework The Theoretical framework

Descriptive Essay - Original Writing - 915 Words

Skye opened her eyes after what she had thought would just be a little cat nap. But nope, she found herself in a rather small room. This must be the servants quarters, She mumbled to herself, with the following yawn. They could have awoken me, She added with a sigh. But then again, maybe they were afraid after that lecture I had given, She concluded, stepping out of bed. Her head then glancing over towards the door, where she had heard a gentle knock. I apologize to disturb you; however, are you awake, Skye? Sebastian asked gently. I am, you may enter, She responded, grabbing a hairbrush that was conveniently placed on the small nightstand next to her. Sebastian entered the room, carrying a black white maid uniform. This will be your attire while working here at the estate. Also, a tailor will be by later this afternoon to take measurements for your off-duty tasks. He announced, gently lying down the uniform onto the bed. Then how were you able to pick a uniform, that would perfectly fit? Skye confusingly asked. I don t, this is one of Mey-Rin s uniforms. She is another maid in this household you will be accompanied by, during your day-to-day chores. He informed swiftly. I ll be sure to thank her. She continued with a smile. Will you require any assistance with dressing? Sebastian asked kindly. If there are no corsets involved, then we shouldn t have a problem. She hoped out loud. Very well then, I shall wait outside. When you are finished inShow MoreRelatedDescriptive Essay - Original Writing1110 Words   |  5 PagesI don’t know how I got to where I am, but I’m here now, and I have to win if I want to live. I am in a game, and in order to live, I have to escape. That’s the thing, though: I don’t know how to escape. I was running for my life around this old house that looked like it came straight out of a horror movie. I doubled over and held my head in pain as I saw the static, which meant it was coming. I was being chased by what looked like a person but in no way acted like one. Just as it was about to appearRead MoreDescriptive Essay - Original Writing1102 Words   |  5 PagesIt is on days like this when we stop to think about our life. Small drops of rain begin to dapple the cobblestone pavement as people whip out their umbrellas for cover. I continue sauntering down the busy street, relishing the feeling of a light shower. Moving with the mass of pedestrians, I stop at a crosswalk where I wait for the stoplight to turn green. A flower shop employee across the street scurries to bring in the numerous bouquets and close the doors as rain starts rolling down the displayRead MoreDescriptive Essay - Original Writing914 Words   |  4 PagesDreamy I thought. Standing on the corner is a young guy with a smile. I see him here almost every day, so I linger for a while. He tells me his name, and I tell him mine. I m Ester, what s your name? I enqui red. My names David .,He replied. We end up talking for a while and I asked him if he had ever left this city. He tells me of all these stories of the places where he s been, the distant lakes and mountains, and in valleys oh so green. I can see it in his eyes, he really has beenRead MoreDescriptive Essay - Original Writing974 Words   |  4 Pages I was used to moving round, having a mother who liked to travel more than making roots was something I had gotten used to. Still, I had never gotten used to the loneliness of an empty house when she was out exploring, or the feeling of leaving behind someone who could have meant something to me. Our most recent move was Oregon. It was pretty, and I didn’t mind it, but it was much different than Florida. Not only was it opposite sides of the country, it felt as if it were opposite worlds. InRead MoreDescriptive Essay - Original Writing1012 Words   |  5 Pageshave plenty of time in the next month to think about my feeling in regards to Kendrick. I needed to finish up the article and get it off to my editor. I should be able to get it done by tonight and send an email in the morning. I was thinking of writing my next article about the sea life around the Scottish coast. Since our salmon dinner last evening I thought I would do a piece about the commercial salmon farming that began in Scotland in 1969. In 2002 over 145,000 metric tons of farmed AtlanticRead MoreDescriptive Essay - Original Writing1561 Words   |  7 PagesThere’s something I need to say and what follows may not be something that you’d expect, it won’t be heartening or uplifting. If you remember today, I told you about going somewhere I wanted to go to†¦ I’m not sure if you believed and accepted what I now confess as untrue; it is partly. I needed to pull away emo tionally†¦ from you. You must have had fathomed that some degree of formality had seeped between us. Born of habit, formulaic greetings had become a routine. You presume that I’m a close friendRead MoreDescriptive Essay - Original Writing1387 Words   |  6 PagesI was wearing a beautiful blue dress with sapphire gems all around the chest area as I entered the ball with Ciel and Sebastian. I took a good look around here, the hallway was lined with gold. There was a servant ready to escort us to the ball room. Hello, come this way. He said, walking forward. Wow, this place is so fancy! I exclaimed, looking around. It s fake gold. Ciel bluntly replied, bringing my hopes down. I sighed. Ciel sounded like he wasn t in a very good mood. Ciel, lightenRead MoreDescriptive Essay - Original Writing1287 Words   |  6 Pages In the morning, Caireann woke me up. She stood above my bed, shaking my shoulder. I opened my eyes, looking at her. Then I looked across the room to her empty bed. Andy s empty bed sat in the corner. I swallowed, climbing out of bed. Sleep well? Caireann asked me, starting out the door. Yeah, I said, going over to our small dresser. I had the bottom two drawers. Andy had the middle two, and Caireann had the top. I pulled open the drawers, pulling on a colorful tank top and a grayRead MoreDescriptive Essay - Original Writing1345 Words   |  6 PagesLater that night, I was behind the wheel of my G-Wagon with Melissa in the passenger seat. She didn’t feel like driving since she was on the road all day and I understood so I didn’t mind when she asked me to. I had been tight-lipped. She kept eyeballing me as if she detected that something was bothering me but I just kept singing to my India Arie as if I was carefree. â€Å"So are you going to tell me what’s going on or no† Melissa said disrupting my own personal concert. I stopped singing and tookRead MoreDescriptive Essay - Original Writing1085 Words   |  5 PagesI WAS SITTING IN a taxi, wondering if I had overdressed for the evening, when I looked out the window and saw Mom rooting through a Dumpster. It was just after dark. A blustery March wind whipped the steam coming out of the manholes, and people hurried along the sidewalks with their collars turned up. I was stuck in traffic two blocks from the party where I was heading. Mom stood fifteen feet away. She had tied rags around her shoulders to keep out the spring chill and was picking through the trash

Australian Securities and the Investments - Myassignmenthelp.Com

Question: Discuss about the Australian Securities and the Investments. Answer: Introduction: This report discusses the announcement made by Federal Court against the Sino Australia Oil and Gas Limited (Sino) in context of infringement of the Corporations Act. This company was the formerly listed at ASX. ASX also made the declaration against the chairman of this company for the purpose of publishing misleading and false statement in the prospectus of the company and also for breaching the obligations related to continuous disclosure. In this Court also state the useful guidance in context of failure of former chairman of the company in act properly with due care and diligence as a director of the company as sign the prospectus which was published in English and he was unable to speak or read the English language[1]. This report states facts of the case; duties breached y directors of the company and reasons behind such infringement. This report also critically discusses the decision of the Court/Tribunal and how this decision helps in the development of the Corporation Act in Australia. Lastly, paper is concluded with brief conclusion. Facts of the Case: Sino Australia Oil and Gas Limited (Sino) was the Australian Company which holds the Chinese operating company, and this Chinese company provides the specialized drilling services to the oil and gas industry. As stated above, Sino was listed on the Australian Securities Exchange (ASX) in December 2013 after an IPO issued by the company which raised almost $12 million funds for the company. During the period of March 2014, investigation was initiated by ASIC against the Sino and the directors of the Sino who infringe number of obligations under Corporation Act in context of IPO. Investigation conducted by ASIC mainly focus on the accuracy in context of the statements published by directors of the company in the prospectus of the Sino documents about contracts related to services of oil and this contract was entered into by one of its subsidiaries, HuaYing Oil Drilling Service Company Limited (HuaYing), with Chinese based oil companies. On the fourth day of May, resolution was passed by Board of Directors of Sino for the purpose of appointing administrators to the company, and they also pass number of resolution which also includes that the company was likely to become insolvent in the near future. During the period of 4th May and 21st May 2015, investigation was initiated by administrators related to the operation of the company, and for this purpose administrators held meetings with the ASIC and also submit the proposal for a deed of company arrangement. On the fifteenth day of 2015, ASIC applied for an order under section 447A of the Act, in this ASIC wants to terminate the administration of Sino. ASIC seeks the declaration that the administration appointment in the company was not valid, and also for an order under which provisional liquidator appointed to the Company. On 21st May 2015, after the application of ASIC provisional liquidator appointed to the company, and this appointment was not contested by the administrators. Breach of directors Duties: Davies J in this case provide the decision in the favor of ASIC in lieu of claims stated by ASIC, and stated that Sino contravened the Section 728[3](1)(a), 728(1)(b), 728(1)(c), 1041H and also Section 674(2)[4] of the Act. Additionally, Davies J stated that Mr. Shao was also involved in the failure of the company in making disclosures on continuous basis under section 674(2) of the Act and also contravened section 674(2A) of the Act[5]. ASIC also alleged that Mr. Shao breached the duties of directors of Sino in different perspectives. Davies J provided judgment in favor of ASIC in respect of allegations made by ASIC and further made declaration that Mr. Shao contravened section 180(1) of the Act by following acts: Director approved the prospectus of the company without understanding the text stated in the prospectus in English language and also without making the translation of English language in Chinese. In context of failure of Mr. Shao in understanding the language of the document such as Prospectus, and for this Davies J considered the comments made by Middleton J in case law ASIC v Healey (2011[6]). In this judge stated that while reading the financial statements of the company, directors of the company was under the duty to ensure that information stated in the documents must be accurate and director fully understand the content of the document. Davies J stated that comments made by Judge Middleton J was also applied in case of prospectus documents, and Mr. Shao as the director of the company was under obligation to exercise his powers with due care and diligence. He was also under obligation to ensure that he fully understands the content stated in the prospectus documents and informat ion stated in the prospectus was accurate in nature. She further stated failure on part of Mr. Shao by signing the prospectus without understanding the contents stated in the document even in general way was considered as breach of directors duties under section 180 of the Act[7]. Director also failed in fulfilling his obligations in making continuous disclosures requirement in case of public listed companies under law of Australia. In context of Mr. Shao failure to get the knowledge of disclosure requirements, Davies j stated that in his defense Mr. Shao stated that he received advice from the two directors of Australian and he also depends on the advice he received from these professional advisers. Against this defense Davies J stated that Mr. Shao was unknown from the English language and he was not able to read and speak this language and he also not understand the legal requirements of Australia, and because of this he leave all the things on others but this does not provide him excuse to perform his duties with reasonable diligence and care. In this allegation, Davies J considered the noting of case Goldberg J in ASIC v Citrofresh International Limited (No 2) (2010)[8]. On the basis of the rulings of this case, Davies j stated that Mr. Shao fails to info rm himself about the disclosure requirements, and also fails in discharging his duties as directors with due degree of care and diligence Director also failed in disclosing the Sinos board that situations had arisen because of which it was not possible to achieve the profit forecast for Sino for the year 2013. Director also seeks to cause Sino to transfer the proceedings of IPO to an account hold by company in China, and for this Mr. Shao does not provide any adequate information to the Board of Sino. Mr. Shao also failed in complied with the regulatory requirements of China which are important for the purpose of ensuring that the funds would be recoverable by Sino. Director also permit the Sino to contravene the section 728(1)(a), s 728(1)(b), s 728(1)(c), s 674 and s 1041H[9] of the Act. On the basis of above facts it can be said that Mr. Shao breached his duties under Australian Corporation law. Critical analysis of Courts Decision: In this case, federal Court of Australia ordered that Sino was liable to pay the pecuniary penalty of $800,000, and the former chairman of Sino that was Mr. Shao must be disqualified for the purpose of managing the corporation under section 206C of the Corporations Act 2001 for the period of twenty years. The order related to penalty and disqualification was provided by the Court on 11th august 2016. In this order, court declared the pecuniary penalty against first defendant that was Sino and disqualification against second defendant that was Mr. Shao for breaching the provisions of Corporation Act 2001[11]. In this context justice Davies J stated following explanations: Shao provides the explanation that he was not able to understand the English language and because of this he fails in understanding the legal requirements of Australia. Lack of knowledge of Mr. Shao shows the lack of diligence and care by him in informing himself properly and completely about the legal obligations of the company and also the serious lack of understanding in lieu of continuous disclosures. While imposing the pecuniary penalty on the Sino, Court considers the maximum amount of available penalty that was $1 million, and the increasing trend in the organizations for obtaining listing on the ASX[12]. Davies J also considered the statement made by commissioner of ASIC, provision related to accurate and timely information ensures the integrity and efficiency in the financial markets, and these principles were breached in this case clearly. Court further stated that penalty imposed in this case must provide the strong message to the organizations and people who were entering in the market of Australia must aware from the rules and regulations of the market. While making the decision in this case, Davies J failed in providing the proper guidance for those directors who does not understand the English language such as what requirements they must complied while translating the English language, documents they must file, etc. Court also fail in providing the exact and accurate reasoning for imposing that much heavy penalty on the company, and reasoning provided by the Court that through this Court give strong message to the organizations and people who were entering in the market of Australia was not considered as accurate and sufficient reasons to impose such heavy penalty on company. Impact of courts Decision: Decision of the court in this case is considered as important decision because it mainly focus the directors of the company who are not aware about the rules and regulations of Australian market because of the lack of understanding of English language. This decision also imposes obligations on foreign directors to understand the rules of the market before entering into the Australian market, and they cannot use the lack of information as the defense while performing their duties as directors. Conclusion: After considering the above facts, it can be said that decision taken by Davies J in case law ASIC v Sino is the important decision and this decision provides important knowledge in regards of understanding of foreign directors in context of rules and regulations of Australian market. In this Court also state the useful guidance in context of failure of former chairman of the company in act properly with due care and diligence as a director of the company as sign the prospectus which was published in English and he was unable to speak or read the English language. BIBLIOGRAPHY Website WR, An ounce of prevention is worth a pound of cure Lessons from ASIC v Sino, https://www.williamroberts.com.au/News-and-Resources/News/Articles/An-ounce-of-prevention-is-worth-a-pound-of-cure---Lessons-from-ASIC-v-Sino, accessed on 4th January 2018 ASIC, (2016), 16-255MR Court finds against Sino Australia Oil and Gas Limited and its former chairman Tianpeng Shao, https://asic.gov.au/about-asic/media-centre/find-a-media-release/2016-releases/16-255mr-court-finds-against-sino-australia-oil-and-gas-limited-and-its-former-chairman-tianpeng-shao/, accessed on 4th January 2017. Minter Ellisson, (2016). Discussion of Directors' Duties in the Recent Sino Australia Oil and Gas Decision, https://www.minterellison.com/articles/discussion-of-directors-duties-in-the-recent-sino-australia-oil-and-gas-decision, accessed on 4th January 2018. Federal Court of Australia, Australian Securities and Investments Commission, in the matter of Sino Australia Oil and Gas Limited (in liq) v Sino Australia Oil and Gas Limited (in liq) [2016] FCA 934, https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca0934, accessed on 4th January 2018. Bright Law, CASE NOTE: LIABILITY OF NON-ENGLISH SPEAKING DIRECTOR, https://www.brightlaw.com.au/case-note-liability-of-non-english-speaking-director/, accessed on 4th January 2018. ASIC, (2016), 6-431MR Court fines Sino Australia Oil and Gas Limited and disqualifies former chairman, Tianpeng Shao, https://asic.gov.au/about-asic/media-centre/find-a-media-release/2016-releases/16-431mr-court-fines-sino-australia-oil-and-gas-limited-and-disqualifies-former-chairman-tianpeng-shao/, accessed on 4th Jauary 2018. Case law Australian Securities and Investments Commission v Healey and Others (No. 2) [2011] FCA. 1003. ASIC v Citrofresh International Limited (No 2) (2010). Statute Corporation Act 2001 Journal Smith, D. (2016), ASIC obtains declarations that Sino Australia Oil and Gas Ltd (in Liq) and its former chairman breached the Corporations Act, Australian Resources and Energy Law Journal, Volume 35 (2). [1] Smith, D. (2016), ASIC obtains declarations that Sino Australia Oil and Gas Ltd (in Liq) and its former chairman breached the Corporations Act, Australian Resources and Energy Law Journal, Volume 35 (2). [2] WR, An ounce of prevention is worth a pound of cure Lessons from ASIC v Sino, https://www.williamroberts.com.au/News-and-Resources/News/Articles/An-ounce-of-prevention-is-worth-a-pound-of-cure---Lessons-from-ASIC-v-Sino, accessed on 4th January 2018. [3] Corporation Act 2001- Section 728. [4] Corporation Act 2001- Section 674. [5] ASIC, (2016), 16-255MR Court finds against Sino Australia Oil and Gas Limited and its former chairman Tianpeng Shao, https://asic.gov.au/about-asic/media-centre/find-a-media-release/2016-releases/16-255mr-court-finds-against-sino-australia-oil-and-gas-limited-and-its-former-chairman-tianpeng-shao/, accessed on 4th January 2017. [6] Australian Securities and Investments Commission v Healey and Others (No. 2) [2011] FCA. 1003. [7] Corporation Act 2001- Section 180. [8] ASIC v Citrofresh International Limited (No 2) (2010). [9] Corporation Act 2001- 1041H. [10] Minter Ellisson, (2016). Discussion of Directors' Duties in the Recent Sino Australia Oil and Gas Decision, https://www.minterellison.com/articles/discussion-of-directors-duties-in-the-recent-sino-australia-oil-and-gas-decision, accessed on 4th January 2018. [11] Federal Court of Australia, Australian Securities and Investments Commission, in the matter of Sino Australia Oil and Gas Limited (in liq) v Sino Australia Oil and Gas Limited (in liq) [2016] FCA 934, https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca0934, accessed on 4th January 2018. [12] Bright Law, CASE NOTE: LIABILITY OF NON-ENGLISH SPEAKING DIRECTOR, https://www.brightlaw.com.au/case-note-liability-of-non-english-speaking-director/, accessed on 4th January 2018. [13] ASIC, (2016), 6-431MR Court fines Sino Australia Oil and Gas Limited and disqualifies former chairman, Tianpeng Shao, https://asic.gov.au/about-asic/media-centre/find-a-media-release/2016-releases/16-431mr-court-fines-sino-australia-oil-and-gas-limited-and-disqualifies-former-chairman-tianpeng-shao/, accessed on 4th January 2018.

Napoleon Essays (613 words) - French Emperors, House Of Bonaparte

Napoleon Although he inspired new social, economic, and political ideas, Napoleon Bonaparte is better known for his military tactics. Even today, his battle plans are used and studied by many in the military. Napoleon, who started out as an extremely short and wimpy foreigner who rose to become Emperor of France, died in 1821 at St. Helena, a remote island in the South Atlantic. He was fifty-two years old. Th cause is uncertain: either he was poisoned or he died of a stomach ailment. Bonaparte was born in 1769 on the island of Corsica just as France conquered it. At age ten, Napoleon was sent to military school outside Paris. At sixteen, he graduated and became a lieutenant in the artillery. When the French revolution broke out, Napoleon sided with the new government. Along with the help of his army, he dissolved the revolutionary government and made himself emperor. Saying he was saving the Revolution, Napoleon established a new government that stressed equality. Through his prowess, Napoleon greatly enlarged the French Empire. Though he ran into many problems and was soon defeated, he came back to fight one more battle before his last defeat, and was then taken to St. Helena as a prisoner. Of all his accomplishments, Napoleon's political decisions had the most lasting influence. His guiding principle was that everyone should have an equal chance regardless of their social status at birth. Napoleon believed in a meritocracy, a novel system where people would be placed in positions according to merit and not their birth. Napoleon also established the Napoleonic Code. Through these laws, Napoleon declared all people equal before the law and the three estates of France's old government abolished. Ironically, though he believed in equality, as emperor, Napoleon stood above his new laws for he loved power. As a general, Napoleon is ranked beside the greatest military geniuses. He conquered nearly all of Europe creating an empire that had not been seen since Roman times. Through his military strategy prowess, Napoleon was able to come out as the victor in battles even if he was largely outnumbered. He quickly defeated almost every country from Spain to Russia. Although he did not add every country to France, he established many puppet monarchies that were loyal to him. To complement his influence around France, Napoleon also set up a series of alliances that loosely attached Russia, Prussia, and Austria to his empire. Although Napoleon's empire was great and powerful, it was extremely unstable due to Napoleon's lust for power and pride. He had too much power, for all his alliances and puppet governments were held together only by him and would deteriorate once he began to stumble. Napoleon believed that he could no be defeated. When the British decisively defeated his navy, he tried to stop their imports from coming in but only hurt his empire in doing so. Although Napoleon was at last defeated by the Grand Alliance, it was only accomplished because of his army's weakness after the Russian campaign. Napoleon tried attacking Russia but instead of meeting an army, he met the all-powerful weather of Russia. His army was decimated. Napoleon's lust for power had caused his downfall. Overall, Napoleon was one of the greatest men ever to rule a great empire. Both a military and political genius, he conquered most of Europe in only five years. He also introduced the ideas of meritocracy and equality for all before the law. Although Napoleon had a great lust of power that eventually brought his downfall, overall he was one of the greatest conquerors. He was only struck down by two obstacles: the Russian weather and lust for power. History