Free Essays on Innocence Vs. Experience As Seen Through Two Literary Works

A focal topic for crafted by numerous creators is blamelessness and experience. This is appeared in Neil Gaiman’s Neverwhere and James Morrow’s City of Truth where the heroes surrender their guiltlessness for experience. By breaking blamelessness the heroes find places they never knew existed and, subsequently, advantage from the experience that they gain. In the novel Neverwhere by Neil Gaiman, the hero, Richard Mayhew, carries on with a dull and routine life. That is until one night while walking the lanes of London he finds a bizarre young lady draining and chooses to help. From that point on he gets presented to a world he never knew existed. He finds the genuine black market of London in the shadowy hole of the sewers, housetops, and tram trains and those that live in this dismal, cryptic presence. The guiltlessness of his previous lifestyle is presently broken on account of the disclosure of this new domain. Through the experiences and encounters he faces he discovers love, experience, and himself at long last. Through this we discover that through experience we might have the option to develop as individuals to improve things. James Morrow’s City of Truth is set in a world without untruths and deceptions of any sort. Th individuals in it have gotten molded to reality; regardless of how fierce it might be. Jack Sperry, the primary character, is compelled to figure out how to lie after his child gets an uncommon infection. Jack puts stock in an exploratory hypothesis of recuperating he happens upon that depends on a fake treatment like strategy where Jack’s child is placed in a domain where he doesn't realize he is at all evil and through this he should turn out to be better. To execute this hypothesis Jack is confronted with the contention of figuring out how to lie which is illegal. In his pursuit to figure out how to lie Jack happens upon an insubordinate gathering against the administration that have accomplished the specialty of lying. With their help Jack shed’s his honesty and figures out how to lie too and makes it conceivable to spare his child. From this book we ca... Free Essays on Innocence Vs. Experience As Seen Through Two Literary Works Free Essays on Innocence Vs. Experience As Seen Through Two Literary Works A focal topic for crafted by numerous creators is honesty and experience. This is appeared in Neil Gaiman’s Neverwhere and James Morrow’s City of Truth where the heroes surrender their blamelessness for experience. By breaking blamelessness the heroes find places they never knew existed and, along these lines, advantage from the experience that they gain. In the novel Neverwhere by Neil Gaiman, the hero, Richard Mayhew, carries on with a dull and routine life. That is until one night while walking the lanes of London he finds a peculiar young lady draining and chooses to help. From that point on he gets presented to a world he never knew existed. He finds the genuine black market of London in the shadowy cleft of the sewers, housetops, and tram trains and those that live in this inauspicious, cryptic presence. The guiltlessness of his previous lifestyle is presently broken due to the revelation of this new domain. Through the experiences and encounters he faces he discovers love, experience, and himself at long last. Through this we discover that through experience we might have the option to develop as individuals to improve things. James Morrow’s City of Truth is set in a world without untruths and lies of any sort. Th individuals in it have gotten molded to reality; regardless of how merciless it might be. Jack Sperry, the principle character, is compelled to figure out how to lie after his child gets an uncommon ailment. Jack puts stock in a test hypothesis of recuperating he happens upon that depends on a fake treatment like strategy where Jack’s child is placed in a situation where he doesn't realize he is at all evil and through this he should turn out to be better. To execute this hypothesis Jack is confronted with the contention of figuring out how to lie which is illegal. In his inquiry to figure out how to lie Jack happens upon a defiant gathering against the legislature that have achieved the specialty of lying. With their help Jack shed’s his guiltlessness and figures out how to lie too and makes it conceivable to spare his child. From this book we ca...

UPS Solutions Essay Example

UPS Solutions Paper What sort of Information and Services does the site accommodate people, Small Business and Large Business? Rundown these administrations. LIPS Trade Direct or Automated Shipment Processing. Clarify how you or your business would profit by the administration. LIPS gives part of administrations where the people, private ventures or enormous organizations profit by their administrations. UPS conveys bundles like sends and different reports to individuals and association all around the globe. LIPS through site gives the accompanying administrations showed underneath for the people, little and enormous organizations. Data about delivery of bundles ;LIPS Trade Direct (Air, Ocean, Cross Border) ;Tracking Freight (Air, Ocean, Ground) ; Store areas Individuals The site gives part of data and administrations that are valuable for the people when they need to send their sends, bundles the nation over or around the world. For instance if an individual needs to convey a package quickly without going to UPS and this ovule be the correct answer for the person to utilize the site. People can make a shipment, figure time and cost, plan a pickup and discover the UPS areas close by. We will compose a custom paper test on UPS Solutions explicitly for you for just $16.38 $13.9/page Request now We will compose a custom paper test on UPS Solutions explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom paper test on UPS Solutions explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer People can do this by utilizing the PC just as with the cell phone. LIPS permits the people o track their shipment by different methods by utilizing the track by number, track by reference, and track by email and by SMS following. It permits the clients to follow on ongoing premise by utilizing the site. Little and Large Businesses. 2. Go to the Business Solution bit of the LIPS site. Peruse the LIPS business arrangements by classification, (for example, shipment conveyance, returns or universal exchange) and compose a portrayal of the considerable number of administrations LIPS offered for the classes. UPS Returns Manage Returns Better and Improve Customer Experience Turn your profits procedure into an upper hand with the assistance of an industry leaderserve your clients better and make an incentive with smoothed out returns the executives and opposite coordinations through SIPS, With UPS Returns, you increase more prominent control and perceivability, so youre never astonished by an approaching bring shipment back. That point of view can build your productivity, let you respond all the more rapidly, and decidedly sway your main concern. Your clients anticipate dependable returns, and addressing their necessities can expand their devotion to your business. LIPS Returns can support you: ; Ensure consistence by controlling velocity and cost of inbound shipments ; Minimizes mixed up return shipments to an inappropriate stockrooms or fix focuses ; Create and convey business solicitations with return marks to global clients ; Forecast volume and alter staffing around inbound returns ; Link shipment data straightforwardly into your client care or distribution center activities ; Maximize quick recuperation of high-esteem products, before they become out of date ; Your organization isn't charged for the transportation off Returns bundle until it is conveyed. Transportation Packages Four Easy Steps to Preparing your Package It can be energizing when you get a bundle, yet baffling it the substance re in under impeccable shape, Well tell you the best way to appropriately box substance and mark bundles when you transport so your bundle substance show up in great condition. Follow these four stages: ; Choose a crate sufficiently able to hold the substance. That implies it shouldnt have tears, tears, twists, or other harm. You can utilize your own case or UPS bundling supplies Ideally, youll need to utilize another layered box. ; Select and utilize appropriate padding materials for bundle substance. Wrap things exclusively and encompass them with bubble sheeting and recyclable or froth free fill materials. Substance ought not legitimately contact within the transportation box. ; Securely seal your bundle. Use pressure-delicate plastic or nylon fortified tape that is in any event 2 ninja. 08 CM wide. ;Appropriately name your bundle. Incorporate full transportation guidelines, for example, postal codes, condo numbers or Other data that will help with conveyance. LIPS web based delivery can assist you with finishing your mark. Make a point to put the name on the bundle and expel any old names or cross out old markings. Secure the mark and abstain from setting it on box creases or tape. Worldwide Services Reaching new clients and suppliers universally is simpler with an accomplished worldwide transportation master like LIPS. Regardless of whether you need a prudent delivery alternative or the quickest conceivable help for critical shipments, we can give an answer for worldwide shipments of any size. Is Speed What You Need? For your shipments that need to show up as fast as could be expected under the circumstances, LIPS offers on-time express administrations, ordinarily with alternatives for morning or end of day conveyance. Time in travel normally runs from one to three days relying upon the inception and goal nations. Need an Economical Solution? For less-pressing shipments, even those that require solid, day-unequivocal conveyance, we have administrations that offer a brilliant option for your Time in travel commonly runs from two to five days, contingent upon beginning and goal. Establishing a decent first connection is simple with world-class LIPS administrations working for you. Great impressions mean more customers in new markets for your business, and quicker development around the globe. 3. Clarify how the site helps UPS accomplish a few or the entirety Of the key business destinations we depict. What might be the effect of UPS s business if this site. UPS Solutions Essay Example UPS Solutions Paper What sort of Information and Services does the site accommodate people, Small Business and Large Business? Rundown these administrations. LIPS Trade Direct or Automated Shipment Processing. Clarify how you or your business would profit by the administration. LIPS gives part of administrations where the people, private companies or enormous organizations profit by their administrations. UPS conveys bundles like sends and different records to individuals and association all around the globe. LIPS through site gives the accompanying administrations demonstrated beneath for the people, little and enormous organizations. Data about delivery of bundles ;LIPS Trade Direct (Air, Ocean, Cross Border) ;Tracking Freight (Air, Ocean, Ground) ; Store areas Individuals The site gives parcel of data and administrations that are valuable for the people when they need to transport their sends, bundles the nation over or around the world. For instance if an individual needs to convey a bundle quickly without going to UPS and this ovule be the correct answer for the person to utilize the site. People can make a shipment, ascertain time and cost, plan a pickup and discover the UPS areas close by. We will compose a custom exposition test on UPS Solutions explicitly for you for just $16.38 $13.9/page Request now We will compose a custom paper test on UPS Solutions explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom paper test on UPS Solutions explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer People can do this by utilizing the PC just as with the cell phone. LIPS permits the people o track their shipment by different methods by utilizing the track by number, track by reference, and track by email and by SMS following. It permits the clients to follow on continuous premise by utilizing the site. Little and Large Businesses. 2. Go to the Business Solution segment of the LIPS site. Peruse the LIPS business arrangements by class, (for example, shipment conveyance, returns or worldwide exchange) and compose a depiction of the considerable number of administrations LIPS offered for the classifications. UPS Returns Manage Returns Better and Improve Customer Experience Turn your profits procedure into an upper hand with the assistance of an industry leaderserve your clients better and make an incentive with smoothed out returns the executives and opposite coordinations through SIPS, With UPS Returns, you increase more prominent control and perceivability, so youre never astonished by an approaching bring shipment back. That viewpoint can build your proficiency, let you respond all the more rapidly, and emphatically sway your primary concern. Your clients anticipate solid returns, and addressing their necessities can expand their reliability to your business. LIPS Returns can support you: ; Ensure consistence by controlling velocity and cost of inbound shipments ; Minimizes mixed up return shipments to an inappropriate stockrooms or fix focuses ; Create and convey business solicitations with return names to worldwide clients ; Forecast volume and modify staffing around inbound returns ; Link shipment data legitimately into your client care or distribution center tasks ; Maximize quick recuperation of high-esteem merchandise, before they become out of date ; Your organization isn't charged for the transportation off Returns bundle until it is conveyed. Transportation Packages Four Easy Steps to Preparing your Package It can be energizing when you get a bundle, however baffling it the substance re in under impeccable shape, Well tell you the best way to appropriately box substance and name bundles when you transport so your bundle substance show up in great condition. Follow these four stages: ; Choose a crate sufficiently able to hold the substance. That implies it shouldnt have tears, tears, twists, or other harm. You can utilize your own case or UPS bundling supplies Ideally, youll need to utilize another folded box. ; Select and utilize legitimate padding materials for bundle substance. Wrap things independently and encompass them with bubble sheeting and recyclable or froth free fill materials. Substance ought not legitimately contact

Managing Contention for Shared Resources on Multicore Processors Case Study - 1

Overseeing Contention for Shared Resources on Multicore Processors - Case Study Example Subsequently, they ran a gathering of utilizations on various timetables, combined diversely to such an extent that every application had the chance to match with different applications. They ran every conceivable timetable in a similar memory area as opposed to as an individual substance. In doing this they figured out how to accomplish the real debasement of each seat mark while having a similar memory space as another seat mark. They at that point contrasted the genuine best calendar and the evaluated best timetable, that is they looked at the corruption of the assessed best timetable according to the real best one. They inferred that high-rate-miss applications ought not be joined with low-rate-miss applications. Zhuravlev et al.(2) adds that past works intended to improve string execution in multicore frameworks depended on store conflict as it was accepted that it was the principle, if not by any means the only aim of execution corruption. They likewise express that (Zhuravlev et al. 20) in this setting store dispute is enduring additional reserve misses since its co-sprinter (strings running on centers that share the equivalent LLC) carry their own information into the LLC expelling the information of others. As expressed by (Federova et al. 45) when a string demands a reserve line that doesnt exist, at that point a store miss is enrolled, and another reserve line must be allotted. Chandra, Guo, Kim and Salihin (nd, p1) demonstrate that the sharing of a store by strings in multicore processors is critical to forestall excess. Notwithstanding, when a few strings share a similar store, they vie for the accessible reserve space. The sharing of reserve space isnt uniform and consequently, the presentation of those strings that get to less store space is extraordinarily decreased. Federova et al. (32) have all through the examination plan to demonstrate that the best equation to evade dispute in multicore processor frameworks is by building a conflict mindful scheduler. They express that allotting applications to centers contingent upon the most ideal calendar, may

Sexism In Things Fall Apart - Literature Essay Samples

The presence of sexism, both individual and institutional, runs rampant in Chinua Achebe’s Things Fall Apart. It is the most constant theme in the story, more intrinsic in the plotline than even racism, and certainly more deep-rooted. The dominance of the male gender becomes apparent in the first few pages. The fact that men are allowed to keep multiple wives is the first sign of a sexually biased culture (2860). The book in its entirety gives no inkling that women are allowed to be involved anything other than a monogamous relationship, and there is no reason to assume it. Indeed, women are generally treated more like a commodity than as partners. In the second chapter there is conflict between local villages and it is resolved by the weaker village giving a boy and a girl to the stronger. The boy virtually becomes an adopted child and the girl is wedded to a tribesman. Her desires are of no consequence and her virginity is one of the terms of the resolution, making i t plain where her value lies to the Igbo people (2864-2865). Another intimation of the cheapening of females’ human worth is present in a line describing Okonkwo’s feelings during the New Yam Festival: â€Å"He trembled with the desire to conquer and subdue. It was like the desire for a woman† (2878). A later scene shows this dynamic in greater detail: â€Å"She was about sixteen and just right for marriage. Her suitor and his relative surveyed her young body with expert eyes as if to assure themselves that she was beautiful and ripe† (2890). Following this exhibition, she retreats to her mother’s hut to help her cook. The mother’s admonishment illustrates a corporeal parallel for a woman’s position in the Igbo tradition when she tells her daughter, â€Å"You grew your ears for decoration, not for hearing† (2891). It is the physical appearance and practical reproductive functionality of a woman that gives her value. In general, no knowledge beyond what is needed for housekeeping and child-rearing is deemed suitable for a woman.But Achebe also exposes us to a few female functions that are authoritative, and almost revered, amongst the Igbo people. For instance, they upheld beliefs in feminine divinities like Ani, the earth goddess, who â€Å"played a greater role in the life of the people than any other deity†, as â€Å"the ultimate judge of morality and conduct† (2875). Also, Agbala (the Oracle) who has one of the loftiest positions in the culture, is only corresponded with through women. During the story of Things Fall Apart, this woman is a priestess named Chielo (2921).There are a few indirect ways Achebe implies the inferiority of a woman’s status; one is in a brief delineation of the primary Igbo crops. Yams, he writes, are â€Å"the king of crops †¦ a man’s crop.† Other crops like cassava and beans were â€Å"women’s crops† and a foo tnote deems them â€Å"low-status† (2869). Giving background on Okonkwo’s father also serves as more than a reason for Okonkwo’s severe demeanor, if we read between the lines. The description of the deceased Unoka informs us that his wife and children lived poorly, and often starved, because of his indiscretion (2861). We gain further insight into the Igbo culture as Achebe tells us of Okonkwo’s notion of his father; he associates Unoka with weakness, and weakness is a trait the Igbo associate with femininity. The link between the two concepts is not only implied, but is quite literal. The word that means woman, agbala, is also the term the Igbo use for a man without status or achievements (2864).One of the biggest manifestations of sexism in the Igbo culture is the violence targeted against women. Okonkwo is a particularly brutal husband, beating his wives and children, even finding excuses to beat those close to him. He is fuming from the current atmosphere of idleness and takes it out on one of his wives by way of a beating (2876). In another instance, he pounds on his youngest wife, Ojiugo, because she left her hut without cooking dinner (2872)! This is more indicatory of Okonkwo’s vicious vendetta upon his own tenderness (and any other attributes he deems womanly) than a violent mentality inherent in the culture (2865). While Okonkwo may be especially cruel to his women, the whole community seems to have an almost apathetic attitude towards the mental well-being of its women. Okonkwo is rebuked and punished for one particular case of domestic violence, but the only problem with his action seems to be his violation of the Week of Peace. He is told, â€Å"The earth goddess whom you have insulted may refuse to give us her increase, and we shall all perish† (2873). But, while seemingly uncaring, the Igbo attitude is not neglectful.In a courtroom scene there is a dispute between a woman and her abusive hus band being settled. The trial is contingent upon the wife’s experiences with her husband, but her word is not even heard—her brothers speak for her. Then, one of the court officials (a village elder) expresses his puzzlement as to why â€Å"such a trifle should come before the egwugwu† (2900-2901). It is a common Igbo sentiment that women, as a possession of men, can be beaten into subservience. Such was the position of women in the Igbo culture. The status of women as a step (or two, or three) below men is a widespread occurrence, and is as old as history. Some communities exist in matriarchal form, but such societies are far less common and one must ask why. Perhaps the physical build of males that lend them power, or a different manner of thinking, or perhaps sexism favored men arbitrarily, and the tradition became engrained. In all likelihood the reasons are numerous, but whatever the case, the sex bias is now engrained in our civilization and many o thers around the world. At this point, it is far more advantageous to envision what true equality might look like, and the path that can lead us there.

Punishment Vs Rehabilitation . Life Is Full Of Choices,

Punishment vs Rehabilitation Life is full of choices, and every decision we make comes with consequences. However when someone decides to break the law, society locks them away with other lawbreakers for a duration of time that corresponds to their level of offence. This is what we call prison. We send people to prison to be punished, to prevent them from committing the crime again and to deter others from doing the same. Those are all valid reasons for incarceration, but I believe that after someone has broken the law, the optimal response should be attempting to help them turn away from their criminal lifestyle. There must be a consequence for breaking the law, so trying to get rid of every single prison on Earth is just naà ¯ve; but I†¦show more content†¦This is the case in almost every prison; prisoners join gangs and resort to violence for protection. Without teaching prisoners how to live a moral and ethical lifestyle, all they learn from prison is how to cheat, lie, manipulate and steal. When t heir sentence comes to an end and they are released back into society, they often find themselves jobless and homeless because most employers refuse to hire someone with a criminal record. Without a job, they resort to the only thing they know how to do, crime. Do we really want to be releasing these people back into society? Of course not. We need to invest in rehabilitation and correction for criminals if we want to keep our society safe. Incarceration alone only keeps the criminal away from society for the duration of their sentence, and without rehabilitation, they are bound to repeat their past mistakes. When someone receives a prison sentence, it seems as though society just gives up on them. People see prisoners as evil people who are getting what they rightfully deserve, with no hope of turning their life around. They are locked away from society and due to the pessimistic attitude towards rehabilitation, they are denied the help they need. In the Blue Eyes Experiment, child ren with brown eye were told and treated as if they were inferior to the children with blue eyes; andShow MoreRelatedPunishment vs Rehabilitation1678 Words   |  7 Pagesï » ¿ Punishment versus Rehabilitation Survey of Justice and Security - AJS/502 March 17, 2014 Arnold Wicker    Punishment versus Rehabilitation, there has been many debates on the effectiveness of punishment compared to the effectiveness of rehabilitation of convicted offenders in prison and under community supervision. Punishment is defined as a penalty that is imposed on an individual for doing something wrong. The term rehabilitation is defined as a way to help somebodyRead MoreThe Decision For Transfer A Youth3437 Words   |  14 Pagesbelieve that the best course of action regarding juvenile offenders is not transferring them to criminal court but rehabilitation – these individuals view punishment as a failed strategy for changing behavior, teaching skills, or developing new or more positive attitude and beliefs. While others believe that if they are old enough to do the crime, they should accept the court’s punishment. Over the years several young offenders have had their cases tried in adult courts, many due to the seriousnessRead MoreThe Death Penalty Is Justified Ess ay1856 Words   |  8 Pagesdeath penalty have challenged this situation since the beginning of time as for capital punishment and for revenge. Advocates supporting for the death penalty are discouraged because it prevents future murders and prevents future funerals; and that in the death penalty serves as bitter sweet revenge because in a society full of evil, no one cares about the other. Uncertainty that someone takes a life, then their life should end as well. Abolitionist on the other hand is against the death penalty becauseRead MoreJuvenile Delinquency Is An Example Of Deviant Behavior1974 Words   |  8 Pagesrational mind when considering whether or not to commit a crime. Then, they are ultimately faced with a choice- to commit the crime or not. But, can the same assumption be justifiably applied to juvenile delinquents? This â€Å"burden of accountability† can be explained by the rational choice theory. This theory proposes the idea that before an individual commits a crime; they are faced with choice that they must rationally respond to (Boudon, 2003). A person is forced to weigh the positives and negativesRead MoreThe Decision For Transfer A Youth3815 Words   |  16 Pagesbelieve that the best course of action regarding juvenile offenders is not transferring them to criminal court but rehabilitation – these individuals view punishment as a failed strategy for changing behavior, teaching skills, or developing new or more positive attitude and beliefs. While others believe that if they are old enough to do the crime, they should accept the court’s punishment. Over the years several young offenders have had their cases tried in adult courts, many due to the seriousnessRead MorePsychology P1 and M13058 Words   |  13 Pagesothers such as ‘shape’ behaviour. This theory has 3 different approaches these are; positive reinforcement, punishment and negative reinforcement. The first one is Positive reinforcement this encourages behaviour this could be using praise, attention, pleasure or recognition. This encourages the person to do well as they feel they are achieving something. The second one is punishment this is reducing behaviour for example discomfort, isolation or physical or mental pain. Although this may workRead MoreEssay Juvenile Delinquency5272 Words   |  22 Pages(Einstein Law, 2008,  ¶1). Up until the 1700s; children were viewed much differently than today’s youth. They were not given any special treatment or appreciation. During this time an individual’s choice of discipline would now be considered abuse. People in this time had a much different view concerning life. They believed times were difficult, and people needed to be harsh in order to survive. Individuals did not have the luxuries of today’s world (Rice, 1995). â€Å"For example, the medical practices ofRead MoreCriminal Rehabilitation3452 Words   |  14 Pagesrighteous. In colonial America, criminals were treated in much the same way as they were in England at that time, with punishments ranging from lashings, confinement in stocks, and public brandings for minor offenses to hanging for more serious crimes-including theft (Wright, 2007). Many people are surprised to learn that the use of prisons as a form of punishment and rehabilitation was an American innovation (Farabee, 2005). On average, incarceration costs about $22,000 per year: to lock someoneRead MoreAlcoholism as a Disability4543 Words   |  18 PagesOutline Introduction Business Situation Description Analysis with Three Ethical Theories Behavior vs. Disability Negligent Hiring/Retention Government Agency Precedent for punishing alcohol abusers Application of Relevant Law At Will Employment Negligent Hiring Expanded Abuse of Legal System Reasonable Accommodations Home Depot Firing Similar to Blazek Situation Alcohol Policies should Match Practice ADAs Potential Misclassification of Alcoholism Recommendation to Employer Conclusion Read MoreDoes Cedaw Make World Better Place For Women? Essay7028 Words   |  29 Pagescivilization which comes into various forms and tools to reduce the discriminations. It is struggle of the human race to reach to world where every human being would evolve to his/her full potentiality. Several new nations after attaining independence from colonial powers had accelerated this process in every possible spheres of life, provided equal political, educational ,work etc rights to all irrespective of race, gender, age, cast etc, article 14 of the Indian constitution represents the said trend.

Personal Narrative The Fyteia Forest - 997 Words

Once upon a time there was a little village in Germany named Leipzig. The village was located in the middle of a forest called the Fyteia Forest. This was at the beginning of time, when there were no storms. There were two people that everyone knew very well, Keravno and Vronti, their names were decided by destiny. Keravno was a very beautiful young woman with blond hair and bright blue eyes. Vronti was very muscular, not much older than Keravno, had brown hair and green eyes. They were in love and planned to marry each other one day. However Cupid’s twin brother Sore, wanted to separate them. He wants the world to be covered in hatred, because the more hate there is in the world, the more powerful he becomes. He was jealous of†¦show more content†¦The village chief, Archigos happened to be looking for a rare glowing mushroom used for medicines. When heard all the commotion he went to see what was causing it, the he saw Sore flying off. He knew exactly what m ust of happened. So he concocted a mixture of stuff in his pouch and threw it at them. They started to glow and in a beam they were shot up in the air. Archigos sent them to the sky where Ilios was, Keravno’s uncle. Ilios gave up his mortal life several years ago, so his village so they could have sunlight. He was an old man with a big fluffy, dark brown beard. He had blue eyes and a and a big smile. As soon as they got there they immediately started fighting. As they fought storms came and attacked the poor village underneath them. Ilios saw what was happening and quickly intervened them, causing the storm to fade. â€Å"What’s with all the fighting we just met.† Ilios said â€Å"he started it.† Keravno said. â€Å"No I didn’t, you did† Vronti Replied. â€Å"Well no more fighting ok.† Ilios said causing everything to be quite. Then a message appeared out of nowhere. Ilios grabbed it and the two started fighting again. The message said: â€Å"Get Cupid in the Cave of Chameni Agapi† -Archigos Ilios understood what must have happened and disappeared to find Cupid. With the sun being gone and a very aggressive storm, the village people started to panic. Ilios had to go through stenos canyon, then up the touvlo mountain, and finally the cave

Corporation Law Analysis of Case Fodare Pty Ltd v Shearn NSWSC 479

Question: Discuss about the Analysis of Case Fodare Pty Ltd v Shearn. Answer: Introduction Every nation has its own legislature, which governs the companies in the nation. In Australia, the Corporations Act, 2001, (CA) which is an act of the Commonwealth, assigns certain duties and obligations over the directors, along with the officers of the company, when they discharge the duties given to them and when they exercise the powers put on them, by being in such position (Latimer, 2012). The directors run the business of the company on behalf of the shareholders and due to these reasons, the CA imposes duties on the directors. When a breach of these duties takes place, the directors of the company attract both civil and criminal penalties, depending on the nature of contravention (Rosa, 2015). The case of Fodare Pty Ltd v Shearn [2011] NSWSC 479 is one of such cases where the sole director of the company had breached the directors duties laid down under this act (Moores, 2014). The following parts contain a discussion over this case to present a summary of the case, whereby the duties breached by the director and the decision of the case have been elucidated. Fodare Pty Ltd v Shearn With regards to Shearn, who was the director of Fodare Pty Ltd, upon being instigated by Clout, who was the liquidator of the company, Fodare Pty Ltd initiated claims against the sole director of the company. The plaintiff was the trustee of Alexandria Trust, which was a trust of a settlement, and was formed through a deed. It was also a family trust of sorts which benefit the members of the Shearn family. Certain property had been acquired by Fodare as a trustee, which was sold by the director to an independent purchaser. This sale was what formed the basis of this entire case (NSW Case Law, 2011). In this case an eye opener decision of the recent times was given by the Supreme Court of New South Wales. In this matter Shearn was a sole director of a company, at such time period when the property of the company was sold. The defendant had cleared all of the registered mortgages and had diverted the funds amounting to a value of A $ 383,000 in her personal bank account and she had also diverted a sum of A $ 251,000 for paying up, as well as, discharging the mortgage over the property which was held by her daughter. Eventually, the company was wound up. The proceedings were initiated by the liquidators and they sought a declaration which would state that Shearn had breached her fiduciary duties. In this matter, her daughter was also charged and the grounds for the same was that as per the scope of the constructive trustee, she was covered under it due to the fact that she had clear knowledge that the fund which she received was out of the proceeds which came from the sale of the p roperty of the company (INSOL, 2012). Duties Breached As per section 180 (1) of CA, the civil duty has been imposed on the directors of the company, which dictates that the directors of the company, have to use their authority, along with undertaking their obligations in a manner which shows diligence and care. This diligence and care had to be compared on the basis of a reasonable individual, as if they held the officer which the director held, held the same responsibilities, and was the director of the company in the similar situation (Australasian Legal Information Institute, 2017). Section 1317 E of this act contains the civil penalties for the breach of director duties. Under this section, the Court has the power of making a declaration of contravention which contains the details of the penalties and the conduct which led to such contravention, along with the other details of the breach. Once this declaration has been made, the ASIC has the power to apply for pecuniary penalties as are contained in section 1317G of CA, or can also apply for getting a disqualification order against the director pursuant to section 206C of CA (WIPO, 2015). Under section 181(2) of CA, a business judgment rule has been provided. A director would not be held liable for a breach of section 180(1) in case they can establish that the decision was taken after making proper inquires about the decision, on the basis of their knowledge and that the judgment was made for a proper purpose and in good faith. It also has to be shown that the director did actually believe, in a rational manner, that the decision was in the companys best interest (Federal Register of Legislation, 2017). The reasons for providing this defense is that at times, a business decision make turn into losses, even when the matter was carefully and diligently handled by the director. And so, for every loss of the company, the director cannot be held liable, otherwise the directors would stop making any business judgment, for the fear of attracting civil penalties under this section (Cassidy, 2006). Section 181(1) of the CA imposes duty on the directors to act in a good faith, for proper purpose and in the manner which is in the companys best interest. This has to be done when the directors use their authority, and undertake their obligations. The breach of this section also attracts the civil penalties contained in section 1317E of CA (Australian Government, 2017). Section 182(1) of the CA provides that the directors are not to use their position of being a director in a manner which results in them getting an advantage for either themselves or for someone else, and the effect of which is detrimental for the company. The breach of this section results in civil penalties being applied pursuant to section 1317E of the CA (ICNL, 2017). Decision of the Court At the very beginning, the court stated that no allegations had been made against the sale of the property, which took place, at the values stated in the application given by the plaintiff. A substantial sum was owed to one Bruce Dennis by the company, and the director and her daughter were aware about company being in a debt due to the two sums paid by them, which resulted in no money being left for the payment to be made to Dennis. With regards to the property being the asset of the trust, the evidence could not lead the judges to state if that was or was not the case. Though, the court considered it crucial to consider the events which led to Denniss indebtness (Australasian Legal Information Institute, 2011). The court considered that the awareness of Shearn with regards to the payment of sum resulting the company having insufficient funds to pay off the debt were not much significant. Instead of asking if a particular application of assets of the company would leave the company in a mode where they would not be able to pay their debts; the question has to be rather decided upon the purpose for which the assets had been applied. This purpose had to be a proper purpose to not lead to a contravention of the duties stated in the previous part. The money held in the trust was held to be held in metaphorical sense. Further, as Shearn was the sole director of the company, it was held by the court that she had the duty to safeguard the funds of the company and only to use them for discharging the liabilities of the company for corporate purposes. The payment of funds to herself or that to her family members in a manner of gift, which resulting in a benefit for her or her family could not be deem ed as a due or proper discharge of her duties as being a director (Jade, 2011). The court highlighted the cardinal rule which binds the directors, as a result of the duties imposed on them through CAs Division I, Part 2D.1 (Boone, 2012). As per this, the personal interest of the director has to be below the interest of the company and the directors of the companies are required to account the profits or gains made by them due to their fiduciary company, to the company. So, the companys money, which reaches the hands of the directors or is under the control of the director, has to be out in the possession of the company so that the same can be recognized as being the property of the company. It also has to be explained, why the money was not put in the possession of the company and why the money had been applied in another manner. For this, there is a need to keep the records in form of receipts and payments by the company, which properly recognize the use of the money (Jade, 2011). In this case, there was only one director and so, the accuracy and the adequacy of the records had to be kept properly and this should be done on the basis which reflects the adherence to the fiduciary duties, so that the company can be aware of the fact that their property is being used in a particular manner and is being applied in a particular manner. The evidence in this case revealed that Shearn had failed in performing her duties in a proper manner. When the liquidator asked for the records and the books of the company, regarding the companies entire property, she did not provide the liquidator anything. And later on, she gave the liquidator a report which showed that the company had no assets and no liabilities. She also gave a statement which stated that the company had no tax liability and that for the previous three years no accounts were maintained by the company. The settlement cheques were not recognized as the property of the company. Also, she used the money of the com pany for benefiting her daughter and even the daughter was aware of the fact that the money which she was getting, came from the sale of companys property. The court held that even though Hirtzell did not know the fine details, but she was nevertheless aware of the ownership interest of Fodare in those assets (Jade, 2011). It was held by the Supreme Court that Shearn had to be held accountable for the company for the equitable compensation for both of these amounts, along with the statutory compensation, which would have to be in addition to the costs and interest. Along with this, it was held by the court that Shearns daughter also had to be held accountable for the equitable compensation, to the company, the amount of which was A $ 251,000 along with interest. It was held by the Court that Shearns daughter might have been aware about the fact that her mother did not have any money as she was a former bankrupt, along with the fact that the property which was sold was not of her mother, but that of the company. The Supreme Court stated that the mothers and the daughters liability of the equitable compensation amounting to A $ 251,000 along with the interest had to run alongside in a manner that both the son and the daughter had to be held jointly, as well as, severally liable (Jade, 2011). Conclusion To summarize the case, there was a sole director in this case who was held by the court to have breached her duty of acting in best interest of the company and which was in good faith, along with breaching of her duty of acting for a proper purpose, not making an improper use of her position and to act with reasonable diligence and care. These duties were breached as the director had caused some of the funds from the sale of property of the company for her and her family members use, and the fact that the company did not have a proper financial record. It is the duty of the directors to make certain that they work for a proper purpose, act in good faith and also in the best interest of the company. Owing to these breaches, the director had to pay the amount of compensation, along with the costs. References Australasian Legal Information Institute. (2011) Fodare Pty Ltd v Shearn [2011] NSWSC 479 (25 May 2011). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2011/479.html?stem=0synonyms=0query=Fodare%20Pty%20Ltd%20v%20Shearn [Accessed on: 31/05/17] Australasian Legal Information Institute. (2017) Corporations Act 2001. [Online] Australasian Legal Information Institute. Available from: https://www.companydirectors.com.au/director-resource-centre/organisation-type/organisation-definitions [Accessed on: 31/05/17] Australian Government. (2017) Corporations Act 2001. [Online] Australian Government. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 31/05/17] Boone, J.W. (2011) International Insolvency: Jurisdictional Comparisons. 3rd ed. London: Thomson Reuters. Cassidy, J. (2006) Concise Corporations Law. 5th ed. NSW: The Federation Press. Federal Register of Legislation. (2017) Corporations Act 2001. [Online] Federal Register of Legislation. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 31/05/17] ICNL. (2017) Corporations Act 2001. [Online] ICNL. Available from: https://www.icnl.org/research/library/files/Australia/Corps2001Vol4WD02.pdf [Accessed on: 31/05/17] INSOL. (2012) Duties Of Directors A Holistic View. [Online] INSOL. Available from: https://www.insol.org/emailer/Jan2012_downloads/India_Duties%20of%20Directors.pdf [Accessed on: 31/05/17] Jade. (2011) Fodare Pty Ltd v Shearn [2011] NSWSC 479. [Online] Jade. Available from: https://jade.io/article/217574 [Accessed on: 31/05/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Moores. (2014) The Directors Series: Part 2 - Fiduciary Duties. [Online] Moores. Available from: https://www.moores.com.au/news/the-directors-series-part-2-fiduciary-duties [Accessed on: 31/05/17] NSW Case Law. (2011) Fodare Pty Ltd v Shearn [2011] NSWSC 479. [Online] NSW Case Law. Available from: https://www.caselaw.nsw.gov.au/decision/54a635133004de94513d87f6 [Accessed on: 31/05/17] Rosa, D.D. (2015) Are you in breach of your duties as a director of your company?. [Online] Di Rosa Lawyers. Available from: https://dirosalawyers.com.au/breach-duties-director-company/ [Accessed on: 31/05/17] WIPO. (2015) Corporations Act 2001. [Online] WIPO. Available from: https://www.wipo.int/wipolex/en/text.jsp?file_id=370817 [Accessed on: 31/05/17]