amazon com Essay -- essays research papers

Have you ever purchased any product on the Internet, used the Internet to collect information or data, or played computer games on the Internet? You must agree that it is fast, easy, and enjoyable. The Internet has been a part of our daily life for several years now. In addition, in the business world, a new business model, E-business and E-commerce, has appeared for several years. According to Ali, there are two main types of E-commerce: B2B and B2C (2000). One is business to business (B2B). This means that enterprises use the Internet to transact or trade between business operations and their partners. Another is business to consumer (B2C). In other words, enterprises provide products, support good, and services to the customers on the Internet. Amazon.com is a famous Internet retail company in E-commerce. Its business includes B2B and B2C. It opened its business in July 1996. Today, Amazon.com has expanded its business in more than two hundred and twenty countries and this company sells various products like electronics, books, music, DVD, House wares, PCs and cars (Amazon.com Announces 4th Quarter Profit 2002). It is the biggest retail store in E-commerce. Even though Amazon.com owns these accolades, this company is struggling to survive. Amazon.com had a $19 billion market value before its stock prices decreased from $75.25 to $9.25 (German, 2001). The problem is that Amazon still has not made real profits since it opened. How to help Amazon.com keep standing on the stage? If Amazon.com wants to survive in E-business and start making real profits, Amazon.com should merge with other retail companies, operate a new E-business strategy, and rebuild its financial structure. Everyone is wondering when Amazon.com will start making real profits. Last year, their stock price went down from $76 to $14 (Hahn & Celarier, 2001). Moreover, Amazon.com lost almost $150 million last year (Amazon.com announces 4th quarter profit, 2001). How can Amazon.com start making real profits? Hahn & Celarier suggests that Amazon.com should merge with other retail companies such as General Growth Properties, Wal-Mart, and Bertelsmann because the merger will expand their market share, and create a new passageway and increase new customers and products , and recover their cash and Net sales loss (Fitch, 2000). First of all, the merger will help Amazon.com expand the market ... ...ve a good system or body in E-commerce. Since the so-called internet bubble burst in April 2000, hundreds of dotcom companies have closed because of the recession of E-commerce (Misek, 2003). According to Seewald,  ¡Ã‚ §That trend is expected to continue this year as chemical companies continue to cut back on external spending ¡Ã‚ ¨ (2001). E-business seems like a bomb for investors and customers because the speed of collapse is very fast. No one knows which company will disappear in E-business. Even though Amazon.com is an E-commerce Pioneer, and it earned $1.12 billion last quarter, compared with $972 million in the fourth quarter in 2000, and has $19 billion market value (Amazon.com Announces 4th Quarter Profit 2002), it is also struggling to survive in the E-commerce world. Unless Amazon.com merge with other retail companies, practice new E-commerce strategy, and rebuild its financial structure, it will not be eliminated through competition in the E-commerce. Marking profits is the most important for company, espec ially for Amazon.com. If Amazon.com exercises these proposals presented in this paper, it will overcome its challenges and weaknesses, and then start making real profits.

Advantages and Disadvantages of Early Retirement

Constant pursuit of money, making the big time, flux, accomplishing social status but where is the time to enjoy those attainments? When are we to say ‘enough’? Current pace of life disables us to do so. Just work work and again. Is there any key? Maybe worth of consideration would be early retirement ; what are the advantages and disadvantages of previously mentioned action? Firstly, when we are talking about advantages. It is a new start, some kind of a new beginning. People can afford on more what they used to. There is much more time for themselves (when describing a couple) friends or family. On the other hand nimiety of free time makes human being feel redundant. It is the main cause of depression, slough, generalised anxiety disorder, loss of poise and many others. As the old dictum says ‘prevention is better than cure’. Secondly when one retires his post is within range of someone younger. It is a benefit for all the society- because early retirement is a mechanism for reducing unemployment which is widespread among young generation. Sad but true. Despite that fact it is said that ‘the older- the more experienced’ which factor is crucial for the employer. Some features of characteristics cannot be superceded, f. e. conscientiousness, diligence, reasonableness. As previously mentioned, filling someone's shoes it is not obvious as it may seem. As presented above; early retirement has both assets and drawbacks. It cannot be judged that one are more important than others, because it is simply individual point of view including encumbrances, personal assurances and many other aspects. ‘When you are young, you think that your path is longer than old colleague of yours. Is it so? ’ In my modest opinion that quotation is universal and definitely hits the point.

Same Sex Marriage Is The Legal Union Essay - 1562 Words

ï‡ ¸ ï‡ ¸ dareu ï† ¶ Saved ï† µ Recents ï† » Uploads ï† ¯ My Answersï„” ï† · Accountï„” Are you a UCLA or USC student? Click here to access FREE course materials and tests. Products ï‡ ³Home ï‡ ¶Research ï‡ µDrive ï‡ ´Answers About Company Legal Site Map Contact Advertise ï‡ º ï‡ ¼ ï‡ ½  ©2015 StudyMode.com Home Same-sex marriage Same Sex Marriage Same Sex Marriage Civil union, Homosexuality, Marriage By kwhite89 Mar 16, 2015 1510 Words 56 Views More info ï„” PDF View Text View Page 6 of 6 Same-Sex Marriages Same sex marriage, also known as gay marriage is the legal union between two people of the same gender. In the United States only six out of a possible fifty states allow legal same sex marriage making it harder for citizens to have the freedom to live how they choose. Homosexuality has been a controversial issue for centuries, mainly amongst the religious communities. There has been a push to change this biased law for many years,Show MoreRelatedThe Legal Definition Of Marriage Essay1717 Words   |  7 PagesIn Australia marriage is the union between a women and a man, in the eyes of the law couples of the same sexual orientation is not considered a marriage. In this report it will contain the legal definition of marriage, the current legislation, the legal issues surrounding the law, foreign marriages and how to impact Australia, the rights of the stake holders, the social issues surrounding marriage, political ideas and views of marriage, the evaluation of the law, concluding with recommendation asRead MoreGay Marriage Should be Legal Essay1176 Words   |  5 Pages There can be no question about the definition of marriage. There is considerable evidence form history, the origins of the word, and even its current legal use. Yet, somehow there is still tension and confusion surrounding the issue of same-sex marriage. As the debate intensifies, emotional ones quickly replace rational thoughts. Lately, homosexuals carry out most of the fight for the right to be married. Of course, there are several other situations, in which people attempt to challenge traditionalRead MoreSame Sex Marriage Essay1370 Words   |  6 PagesCanada is not the first country in the world to address whether and how to legally recognize same-sex unions. Indeed, Canada is coming to the debate later than many countries. Several countries have debated this issue for many years and have come up with a variety of approaches, ranging from same-sex marriage in the Netherlands to the legal recognition of domestic partners, registered partnerships and civil unions in Scandinavia, parts of Europe and parts of the United States. Although some of these approachesRead MoreChanges Law Of Same Sex Marriage1624 Words   |  7 PagesChanges Law of Same Sex â€Æ' The issue of gay marriage has been with a great deal of civil argument. Many people have taken stands that favour their position on the issue of same sex marriage. The reasons given against same sex marriage are that they are not according to the social norms and practices. They also state that they are not likely to hold. The position held by others that same sex marriage should be allowed states that those who want to practice should not be interfered with. Too manyRead MoreThe purpose of this policy brief is to recommend to the State of Florida a policy that will1200 Words   |  5 PagesThe purpose of this policy brief is to recommend to the State of Florida a policy that will legalize same-sex marriage and acknowledge same-sex marriages recognized by laws in other states. This policy is necessary because current laws in Florida that restrict marriage to different-sex couples violate the US Constitution’s commitment to equal protection under the law and because the Due Process Clause protects individuals freedoms of personal choices, which includes their choice to marry and haveRead MoreGay Marriage Should Be Legal in All States1632 Words   |  7 PagesUnited States for decades has been Gay Marriage. Whether same-sex couples should be given the right to marry or even if same-sex couples should be given rights at all, this has been a contentious discussion which creates division and disunity throughout the country. The Supreme Court of the United States ruled that the Constitution guarantees a right to same-sex marriage. Gay marriage has been legalized in 17 states. But only 19 of 194 countries allow for gay marriage. Statistics show more than half theRead MoreShould Gay Marriage Be Legal Defense And Education Fund Supports Same Sex Marriage?10 85 Words   |  5 Pagesone of which is legalizing same-sex marriage. In their article, â€Å"Talking About the Freedom to Marry: Why Same-Sex Couples Should Have Equality in Marriage,† the Lambda Legal Defense and Education Fund supports same-sex marriage. An opposing view, is given by Robert P. George, a Princeton University professor. In his article, â€Å"The 28th Amendment: It Is Time to Protect Marriage, and Democracy, in America,† he explains why he is against same-sex marriage. The Lambda Legal Defense and Education FundRead MoreThe Legalization of Same Sex Marriage 1623 Words   |  6 Pageshow the citizens value their morals. An every day American would think that being with the same sex is not normal, or is frowned upon. Recent studies show that half of all Americans believe that gay men and lesbians have a constitutional right to marry (Craighill). Same-sex marriage has caused many conflicts around the country and even the world with multiple stand points. World views on same-sex marriage are changing day to day. â€Å"Of the 15 countries worldwide to permit gay men and lesbians to marryRead MoreMarriage Is A Fundamental Right Of All Humans1706 Words   |  7 Pagesdo us part. Love and marriage is a concept, that from a young age, people strive for, yet, due to laws and religion, same-sex couples cannot get married. Love provides humans with social development and the happiness people search for and hope for in life. It provides the aid that a frie nd cannot do and provides the emotional support every human deserves. Marriage is a fundamental right of all humans; however, religion,laws, and the traditional idea of marriage prevent same-sex couples from progressingRead MoreDomestic Partnerships Should be Legal Essay961 Words   |  4 PagesUS Constitution guarantees the right for same-sex couples to marry. Should gay marriages be legal? Clearly we as a nation are undecided on this issue. Gay rights groups are fighting for rights while religious groups are fighting against gay marriage. I do NOT believe it is fair to discriminate against gays for being together. America is a free country and people should be able to be in a relationship with whomever they desire. Gay marriage is only legal in a few states. In some of these states

Essay about Continuum of Long-Term Care - 2376 Words

The Continuum of Long-Term Health Care Lisa Lewis HCS/310 August 9, 2010 John Dean The Continuum of Long-Term Health Care Health care is a fascinating industry. So many types of care are included within the industry. Health care can be very broad or very specific. Health care is also comprised of different types of health care. One specific sector is long-term health care. Long-term care plays a huge role in the health care continuum. This paper will define long-term care and a continuum as well as discuss the services provided and how these services fit in the continuum of care, the resources that go along with long-term care and how it contributes to overall health care resources, and how long-term care services†¦show more content†¦Each factor of the continuum helps transition the patient from one level of service to the next. The doctor referral for future treatment in a hospital, or the doctor overseeing treatment in an LTC facility can help the patient transition better and have a better quality of life. Each part of the continuum plays a part in the future health of the patient. Another part of the continuum is health care resources available to the patients. Long-term care does contribute to the management of these resources. Without LTC, these resources would not be in such high demand. According to Medicare.gov, there are many resources that go along with long-term care that need to be used, such as drug and health plans, doctors, hospitals, formulary finder, long-term planning, home health agencies, nursing homes, medical equipment suppliers, dialysis facilities, forms, and publications (Medicare.gov, Resource Locator). These resources will help the patients and their families find the best collaboration of services to meet their needs. Drug and health plans are major resources to long-term care. Medicare does not cover most of long-term care services, but it may pay a portion depending on selected coverage. Medicaid may step in and help pay as well. â€Å"The Medicare Plan Finder tool provides one central point to view and compare all available drug and health planShow MoreRelatedThe Continuum of Long-Term Care1343 Words   |  6 PagesThe Continuum of Long-Term Care Lukita Wilson November 28, 2010 David Olsen Long-Term Care A variety of services that provides medical and non-medical needs toward individuals who are suffering from chronic illness, disability or old age is known as long-term care. Long- term care meets the needs of individuals who are no longer able to do many activities, which include bathing, dressing, cooking, and using the bathroom. This year, about nine million men and women over the age ofRead MoreThe Continuum Of Institutional Long Term Care847 Words   |  4 PagesThe continuum of institutional long-term care is for patients whose needs are not adequately met in a more community-based setting. It is for individuals who need more dependency. There are two ends of the continuum of institutional long-term care spectrum. On the one end there are the individuals that may only need basic personal or custodial care (Shi Singh, 2015, p. 399). An example of personal and custodial care can include help with walking, bladder training, or just helping with bathing.Read MoreThe Continuum O f Care Services1170 Words   |  5 PagesThe Continuum of Care is the variety of health care services provided to numerous individuals who are in need of it. All the various Long Term Care providers work as a unit, helping an individual handle their disability with various health care amenities accessible. The Continuum of Care, as stated in Long Term Care: Managing Across the Continuum (2010), is â€Å"comprehensive, integrated, and client-oriented†. All the services offered should be client-based and cater to the client’s needs and suitableRead MoreLong Term Care Healthcare Delivery1379 Words   |  6 PagesLong-term care healthcare delivery will be a great/popular option for many of these senior citizens. The long-term care healthcare delivery system falls within the continuum of care. The continuum of care is a series of heath care services that are provided to a great number of older adults who are in need of them throughout the course of their life/older life. The care ranges from: personal care, custodial care, restorative care, skill nursing care, and sub acute care (Shi Singh, 2012). DifferentRead MoreThe Continuum Of Care Services836 Words   |  4 Pages The continuum of care refers to the range of services in a health care system. It is used to provide three major services one being provides health related support services; maximizing cost effectiveness by using the resources available and enhance the quality and continuity of care for those who are have complex and/or ongoing health problem. The continuum is made of sixty different services grouped into seen categories. They include extended services, acute services, ambulatory services, homeRead MoreEssay about Funding Healthcare Services942 Words   |  4 PagesFunding Health Care Services Lakeisha Amison Professor Jerry Blackwell HSA 500 February 27,2013 Funding Healthcare Services XYZ Healthcare Organization plays a very crucial role in preventing illness, relieving pain, and promotion wellness and wellbeing of individual through all stages of life. To realize its aims and objectives, the organization needs funding to continue with very sensitive and important services. There are several approaches that can be adopted to ensure fundingRead MoreContinuum of Care1220 Words   |  5 PagesThe United States health care system can be somewhat complicated and often have some barriers or limitations to care. The continuum of care is one of the concepts that is applied to prevent the limitations within the system. Continuum of care is defined as: A range of services developed and organized to address the variety of needs individuals have as they age. This concept recognizes and considers the availability and extent of short-term and long-term care systems and services inRead MoreHospital Management : Hospitals And Hospitals1296 Words   |  6 Pages Hospitals are health care institutions that offer varying rages of acute, convalescent and terminal inpatient care as a result of acute and chronic conditions arising from diseases and injuries 24 hours a day 7 days a week. Hospitals of yesteryear originated as an institution for the poor, mentally ill and the homeless. They really didn’t provide elaborate care or treatment because of the limited amount of true medical knowledge that was available. The middle class avoided hospitals and chose toRead MoreUnderstanding the Continuum of Care628 Words   |  3 PagesUnderstanding Continuum of Care Services Damita Boone HCA/210 August 3, 2012 Stacy Hull Vance †¢ What is long-term care? Provide an example. Long-term care is a variety of services that includes medical and non-medical care to people who have a chronic illness or disability. Long-term care helps meet health or personal needs. Most long-term care is to assist people with support servicesRead MoreFunding Health Care Services973 Words   |  4 PagesFunding Health Care Services Name Institutional Affiliation Date: Funding Health Care Services 1. How ambulatory services should be funded Ambulatory services consist of an array of healthcare services offered to inpatients overnight at healthcare organizations. Funding of ambulatory services should be done at urgent care, outpatient clinics, same day surgery, group practices, mental health clinics, community health care units, diagnostic centers, and emergency rooms. In order for ambulatory

Employment Issues, Employment Relations, and Employment...

Employment Issues Terms and Conditions of Employment/Enterprise Bargaining Employment terms are typically individual between employers and employees, however collective bargaining can lead to collective contracts Enterprise bargaining consists of bargaining with all employees at a given organization, or all employees of a certain occupation or type in that organization, in one large contract binding on both employer and employees Productivity Gains and increased Wages There is often a basic assumption that productivity will increase when wages increase, as employees will be more motivated to work faster/harder While this is true up to an extent, research has shown that increased compensation is only a motivating factor up to a certain point, and then it loses effect Employees need more than money to motivate them Probation and Under-Performance Compensation and other benefits can be seen as positive motivating factors, but there are also negative motivating factors that can increase performance Probation and other sanctions in response to under-performance have been shown to be effective in correcting specific behaviors or performance problems Probation and other sanctions are not effective at creating long-term productivity gains Employment Relations Employment relations can cover a broad range of specific issues and features of any organization with employees relevant to establishing and maintaining positive employer/employee relationship The overallShow MoreRelatedImportance Of Employee The Right Advice733 Words   |  3 Pagesanticipate workplace disputes, as well as have decisive strategies in the face of any incidents. Whether an employer is looking for assistance structuring new employment agreements, or needs assistance settling personal grievance claims, our team is there to provide all the employment-related services they require. We also offer clients services in health and safety, compliance and litigation and are experts in industrial relations. Employment We understand that clients need advice on a broadRead Moreâ€Å"Industrial Relations† and â€Å"Human Resource Management† Essay1459 Words   |  6 PagesCompare and Contrast â€Å"Industrial Relations† and â€Å"Human Resource Management† With the rapid pace of globalization, economic development and the more fierce competition among enterprises, the environment of employment is becoming more and more complex than in the past. The companies, no matter private or state-owned ones, have realized the significance of human resources which is the source of social wealth and plays a decisive role in its creation. The essay is concerned about comparing and contrastingRead MoreHrm and Ir1533 Words   |  7 PagesIntroduction â€Å"Human Resources Management† and â€Å"Industrial relations† has different concepts about the determination and functions of the both spheres. The essay deliberates the comparison and contrast on the key features of Human Resource Management and Industrial Relations in academic fields. Definitions of terms HRM and IR will be identified through the review of the origin and development of these two areas. Moreover, I have pointed out the theoretical scope of the two subjects and key featuresRead MoreEmployee Engagement Of Long Term Unemployed1216 Words   |  5 Pagesengagement issues surrounding the unemployed and employment services. In expanding on previous work, this paper will explore how the issues of social relations, perceptions and engagement affect the interactions between employers, the unemployed and employment services agencies. The paper will draw on research literature and the Kangaroo Island Workskil office as a case study on how these issues are being worked on and as a source to provide possible strategies for improving employment services andRead MoreHrm And The And Human Resource Management1094 Words   |  5 PagesIntroduction The main purpose to write this essay is to analogize the differences in the field of HRM and IR. The Foundation of Industrial Relations and Human Resource Management is based on intense academic study. The essay is an endeavor to illustrate by scrutinizing their objectives and the viewpoints or the approaches of this field. The first part of the essay is an attempt to define HRM and IR and it further continues to explain the differences and similarities between the two. In the lastRead MoreInternational Human Resource Management. Introduction.1701 Words   |  7 Pagesof the representatives are just met with spur of the moment training on omnibus themes, the firm stands to lose not just from the time that the workers spend in preparing additionally lost cause. Henceforth, the association that considers its HRM strategies important will guarantee that preparation depends on engaging and topical techniques. Employee relocation Numerous businesses today work in a focused and worldwide market where the way to achievement is getting the correct ability in the perfectRead MoreThe Labour Management s History1297 Words   |  6 Pagesto current practice. Then, it is going to compare the main perspectives in the study of employment relations and explain the nature of the employment contract and relationship in the context of current. After that, employment law and the power of relation in an historical perspective is going to be explained. Human Resource Management is defined as a strategic, integrated and coherent approach to the employment, development and well-being of the people working in organization. Beer (1984),â€Å"All managementRead MoreThe State Should Stay Out of the Employment Relationship1504 Words   |  7 Pages| 1001EHR Employment Relations | Assignment Two: The state should stay out of the employment relationship. Critically discuss | | Peiyao NIU (s2838788) | Tutor’s Name: Gabby DanielsTutorial Time: 20:00-20:50 Monday | | The employment relationship may be defined as the relationship between employer and employee over the terms and conditions of employment (Loudoun, Mcphail amp; Wilkinson 2009). In Australia, the industrial relations had become a big issue, so â€Å"following the 24 November 2007Read MoreAssessment of Changes in New Zealand Employment Policy Since 19841733 Words   |  7 PagesHistorically New Zealand has had an industrial relations system based on principles of collective bargaining, with union and employer representatives negotiating minimum employment terms and conditions. The Industrial Conciliation and Arbitration Act of 1894 established principles of; wage fixing through conciliation and arbitration; multi-employer awards; blanket coverage of conditions; compulsory union membership; and compulsory arbitration. This system served New Zealand for almost a century withRead MoreEmployee Relations : Managing Human Resources Essay1171 Words   |  5 Pages Employee Relations Adrian Williams HRM500 – Managing Human Resources Colorado State University – Global Campus Dr. Claus August 29, 2016 Employee Relations The affiliation between employer and employee is one that outlines the whole success of the business. Companies who take care of their workers find they have superior overall gratification from their workers as well as more employee loyalty. Employees share a vital part of the relationship, and they control a good portion of how

Legal Provisions of Groeneveld Australia Pty Ltd †Free Samples

Question: Discuss about theLegal Provisions of Groeneveld Australia Pty Ltd,Ors v Nolten Ors. Answer: Introduction The paper discusses the legal provisions of the case of Groeneveld Australia Pty Ltd Ors v Nolten Ors (No 3) [2010] VSC 533. The Corporation Act 2001 provides statutory duties which the directors of a company must comply with disposing off their duties. The legislations provide statutory directors duties through Section 180-184. Section 181 provides that the actions of the directors should be in favor of the best interest of the company. According to section 181 the directors must not misuse their position in or to gain a personal benefit or benefit for another person by bring detriment to the company. Section 183 provides that the directors must not use the information obtained through the company to get personal benefits by bringing detriment to the company. According to section 184 if the directors intentionally and recklessly breach the duties in section 181-183 they are liable for criminal proceedings[1]. There are other duties which have been imposed on the directors of the c ompany through commonlaw which include duty of acting bona fide and for the interest of the company, discretion retaining duty, responsibility of avoiding conflict of interest and not using power in an improper manner. The directors can be removed from the position if they fail to comply with the duties and may also have to pay compensation to the company. The directors can also be banned from managing any other corporation for a period up to five years if it is found that they have breached their duties. Case facts The case took place in the Supreme Court of Victoria before the commercial and equity division commercial court. In this case the plaintiff was Groeneveld Australia pty ltd and the defendant was wouter nolten ors. The case is concerned with directors duties with respect to a company. In this case the plaintiff alleged that fiduciary and statutory duties of directors had been breached by the defendants. The directors did not provide accounts for profits, allowance for fiduciarys efforts, resources, property and skills[2]. The claim was based on various payments made by Groeneveld South Island Limited who was the distributor of the plaintiff to the defendants. The first defendant was the managing director of the plaintiff at the time of incorporation. The employment was terminated because the defendant allegedly breached directors duties which are under review of this case[3]. The plaintiff was relying on commonlaw and equitable remedies against the defendant and the company related t o him with respect to the breach of fiduciary and statutory duties by him. Breach of directors duties The plaintiff had made an allegation that the defendant breached the fiduciary and statutory duties which he owed to the defendant company by not disclosing the private arrangement he created with GSI. The plaintiff now wanted the accounts of profit which were made by the defendant due to such arrangements. The fact provided by the plaintiff was admitted by the defendant that they received payments from the company however the claim was defended by the defendants by stating that the payments were for a legal purpose and were not related to the distribution arrangements between GSI and GA. There was no obligation imposed on Mr Nolten by law that he has to disclose his arrangements related to the IT services to GA. It was further provided by the defendants that the plaintiffs failed to provide any evidence that the payments were in form of a franchise fees and a specific allegation that such payments should be categorized as franchise payments was also not present. It was further alleg ed by the plaintiff that the defendant misused his position with respect to his power to put and hold the shares of the plaintiff company. The defendant in this case had made calls on share just as he got to know that he was about to get terminate from his position through notice because of incorporating a company which was competing with the plaintiff. The put option was exercised by the defendant as soon as he was dismissed. The plaintiff had thus refused to issue share with respect to the second call and the company associated with the defendant did not comply with its obligation to purchase with respect to the put and call agreement. It was also claimed by the plaintiff in this case that the defendant failed to comply with his duty of honesty towards the put and call options. With respect to the Perth rent claim it was provided by the plaintiff that the defendant leased the a warehouse from TTM for the company without disclosing the interest which he had in TTM to the board of GA. The defendant allegedly made profits out of the lease and did not disclose it to the board. It was argued by the defendant that they have no obligation to account for the profit made through the lease to the board of GA. It was also provided by the plaintiff that an increased rent as compared to the market rate was paid to TTM with respect to the lease. With respect to the claim for equitable compensation it was claimed by the plaintiff that the defendants must compensate them for the losses faced by the plaintiff along with an award of equitable compensation. It was submitted by the defendants that this was not in any sense a loss made by the plaintiff and the account for profit was enough as a remedy discarding equitable compensation. An order against the defendant was also wanted by the plaintiff with respect to the account of profit from the lease based on the rent in the market. It was also provided that the plaintiff had made arrangements in a flat owned by his company Nolten Investment for the purpose of accommodation for the guest of GA without disclosing his interest in the company to the board. The defendant charged $37,180 from the plaintiff as fees for accommodation. A misleading and deceptive conduct claim was also made by the plaintiff under Section 9 of the Fair trading Act 1999. It was claimed by the plaintiff that the defendant had kept the plaintiff under an illusion that he was diligently complying with the fiduciary and statutory duties he had under law. It was also provided that the defendant had knowledge that the representation was deceptive, false and misleading and the plaintiffs were not aware about it. The plaintiff in this case have also claimed declaration against the plaintiff with respect to 1317E of the Corporation Act 2001 which respect to this breach of acting in good faith under Section 181, not misusing his position under Section 182 and Section 183 of not misusing information obtained through the company. The plaintiff also wanted declaration from the breach of fiduciary duties by the defendant along with contravention of duty to act honestly. Decision of the court It was held by the court in this case that the approval of shares issue with respect to exercising the call option the position of manager held by Mr. Nolten had been misused for the purpose of making personal gain and initiating a conflict of interest which was not disclosed to the plaintiff[4]. It was pointed out by the court that even though a positive duty with respect to the fiduciary to disclose conflict does not exist if a fiduciary enters into a dealing which would account to the breach of duty than he must disclose such dealing and conflict to the board[5]. It was also provided by the court that the approval of board had to be required for the purpose of issue of share. In this case also the defendant did not completely disclose his interest in the resolution whereas he stated that he has bone it completely[6]. This is sufficient ground for the plaintiff to terminate the employment of the defendant and in such case the call option would have expired immediately. The court he ld that the second call option was invalid because of the same reason the court further held that the put option with respect to the company was also not valid. It was also held by the court that the defendant engaged in false deceptive and misleading conduct during the period of 2005-2009 by assuring the board that he was complying with the fiduciary and statutory duties of directors. He induced the other directors of the defendant company to allow the issue of shares under wrongful assumption that they could not on any basis terminate the employment of Mr. Nolten. The conduct of the defendant was also held to be of fraud and deceit by the court. The court ruled that an implied term of good faith existed with respect to both option agreements and Mr. Nolten could not establish a balance between the condition of the agreements and his statutory and fiduciary duties. The court held that because of the above mentioned reason the duty to act in good faith had been breached by Mr. Nolte n. The decision of the court is discussed in details as follows[7]. With respect to the GSI Franchise Fee claim the evidence provided by mark Alston was accepted by the judge. The court held that the payment entered mistakenly by the bookkeeper of GSI into the MYOB accounts of the company as distributor fees for the financial year 2005-2006. The mistake was committed by the accountant of GSI into the 2005-2006 accounts as franchise fees by mistake. The evidence provided by Alston proved that the mistake had been rectified in the next year account as communication and service co-location fees with respect to the amount paid by GSI for IT computer services. The judge held through evidence that the agreement made between GSI and Mr. Nolten was to supply computer and the payment received were for the supply of computers. The agreement was not entered in private capacity by Mr. Nolten. However Mr. Nolter misused his position of managing director and made arrangements which would benefit him personally[8]. Thus he breached section 182 and 184 of the Corpor ation Act. It was held by relying on the evidence provided by Mr Alston that the defendant said he had access over the quotations of GA and would help him gain the tender and thus he misused information and breached section 183 of the corporation act[9]. It was also found through evidence that he received an extra personal amount with respect to the agreement which accounted to $2500 per month. It was unsustainable to accept the argument that a diversion in business activities did not occur[10]. The fact that the position of managing director was used to make personal gains without disclosing it to the other directors is clearly an indication related to the breach of Section 182 of the CA. Thus the plaintiff have the right to order of the defendant account for profit made with respect to the arrangements with GSI[11]. With respect to the Perth rent claim the court accepted the evidence provided by Mr. Bellerby with respect to the market rent. It was held by the court after analyzing the market rent that the price which had to be paid by BA to Perth was in excess by $10.700 as compared to the market rent. It was also found by the court that GA paid the rent in excess for many years. Thus it was ruled by the court that the defendant misused his position in this respect for personal gains which bought detriment to the company. The court considered the background of Mr. Hazebroek along with his experience in the market could not be regarded as the subject of the evidence. Thus the court rejected the evidence on anticipated returns provided by him[12]. In relation to the equitable compensation claim court based its decision on cases such as Pilmer v Duke Group Limited (in liq)(2001) 207 CLRand Maguire v Makaronis(1997) 188 CLR 449. In these cases also the question before the court was to determine equitable compensation. An argument was provided by the senior counsel for the defendant that such accounts have a clear element of double-dipping. It can be said that starting point for GA would be that they should be entitled to all the profit which had been made by Mr. Nolten and his company. The burden proof is on the defendants to show that it would not be just if GA is made to receive the total profit and some profit should be allowed towards the defendants. The court held that they were not able to prove the preceding sentence[13]. No proof had been provided with respect to the position which the defendant would have been if the plaintiff would have not leased the place from them. In the same way the defendant were not able to prov e that the plaintiff would receive no benefit from the allowance or the allowance is unjustified[14]. With respect to the baker street flat the defendants admitted that they should account for the profit made with respect to the rent paid by GA. However they claimed that they should be provided with certain allowance with respect to the cost which GA would have incurred for any other flat. They cited the case of Warman International Ltd v Dwyer(1995) 182 CLR 544,557 where the court provided for such allowance for the defendants. However in this case the contention related to the allowance was rejected by the court. Similar to the case of Perth rent claim the court did not find any evidence in relation to what would have been the position of the defendant if GA would have not availed the flat. With respect to the generallaw claim made by the plaintiff the court held that the defendants were libel for he breach of statutory and fiduciary duties. In relation to the duty to act in good faith and best interest of the company the court held that the defendants had breached the duty as no actions taken by them were for the interest of the company. All actions discussed and analyzed in this case had been taken with the intention of making personal gains. In relation to the duty not to use the position of a director for personal gain of himself or for others without making disclosure as provided in section 182 the defendant had in various situations misused his position for personal benefits and the benefits of companies associated with him . Thus the court had no doubt that the statutory and fiduciary duty had been breached[15]. Similarly, the defendant unethically used the information he gained acting as the director of the company in various situations for personal benefits wit hout disclosure and thus was entitled to the breach of section 183 of the CA. Thus the court upheld the claim of the plaintiff and held the defendants liable for breach. References Breen v Williams(1995-6) 186 CLR 71 Breen v Williams(1995-6) 186 CLR 71;Pilmer v Duke Group Ltd (in liq)(2001) 207 CLR 165. Centofanti v Eekimitor Pty Ltd(1995) 15 ACSR 629 Chan v Zacharia(1984) 154 CLR 178 Corporation Act 2001 Demetrious v Gikas Dry Cleaning Industries(1991) 22 NSWLR 561 Esso Australia Resources Pty Ltd v Southern Pacific Petroleum NL[2005] VSCA 228 Fair Trading Act 1999 Garry Rogers Motors (Aust) Pty Ltd v Subaru (Aust) Pty Ltd Groeneveld Australia Pty Ltd Ors v Nolten Ors (No 3) [2010] VSC 533 Hospital Products Limited v United Surgical Corporation(1984) 154 CLR 41 Joint Stock Discount Co v Brown(1869) Permanent Building Society (in liq) v Wheeler(1994) 14 ACSR 109 Smith v Chadwick(1884) 9 AC 187 State of South Australia v Clark(1996) 19 ACSR 606 Taco Company of Australia Inc v Taco Bell Pty Ltd(1982) 42 ALR 177 Whitlam v Australian Securities and Investments Commission(2003) 57 NSWLR 559.

Research Paper on Gary Paulsen Essay Example

Research Paper on Gary Paulsen Essay Gary Paulsen (born May 17 1939 in Minneapolis, Minnesota) is an American writer who is now lives in New Mexico. Gary Paulsen was born in 1939 and spent his early childhood with his grandmother in northern Minnesota. As a teenager Gary Paulsen was interested in writing. To escape the cold Minnesota winters, he went to read regularly to the library. The reading also helped him at the same time to cope with his difficult family situation, as both his parents were alcoholics. University and college students, who re about to write their research paper on the topic, have to know that originally Gary Paulsen was an electrical engineer in the military until he decided one night to become a writer. Having never written anything, he began to improve his writing skills initially by correction magazines. In 1966 his first book was published. After eleven months he published his first short story and wrote several unheeded books until he published the story of an Eskimo boy on a dog-headed sled. His book Dogsong won the Newbery Award, the most prestigious children’s literature prize of the United States. We will write a custom essay sample on Research Paper on Gary Paulsen specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Research Paper on Gary Paulsen specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Research Paper on Gary Paulsen specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Thereafter Paulsen was successful in everything else: he became a famous and successful author. Dodsong was followed by two other Newbery Awards, one of which he received for Alone in the Wilderness, with its sequel Return to the wild at CARLSEN. Gary Paulsen’s books, translated into 18 languages, have a firmly established readership. In 1983 and 1985, Gary Paulsen participated in the longest dog sled race in the world, the Iditarod, part and recorded his experiences in a 1994 book, so the race became known internationally. The book served as a template for the 2001 Disney feature film Snow Dogs. He lives with his wife, Ruth Wright Paulsen in New Mexico and has a son with her named James Paulsen. Gary Paulsen is very popular author these days. He has written more than 200 books, many short stories, and some pieces that are all primarily for young people. For his books Gary Paulsen several times got the Newbery Medal, which is the most prestigious children’s literature prize in the United States. If you cannot find enough of relevant information for your research paper on the topic, we recommend you first of all to examine free sample research paper on Gary Paulsen. These free papers can be an excellent source of the data necessary for you investigation. I addition to that, you can always use free example research proposals as a good guide through the complex process of the scientific text writing. They may teach you how to collect information from the reliable sources, to process it, to draw a conclusion and present your own ideas on the subject in the most favorable light. You can also get some skills on how to prove the urgency of the chosen topic.