What to write in a research paper
Writing A Persuasive Essay
Tuesday, August 25, 2020
security :: essays research papers
The utilization of PCs inside the business and government part has said to have ââ¬Ërapidly expanded throughout the last fifteen yearsââ¬â¢; this thusly gives an entirely different possibility to a particular criminal to succeed, and as a rule, to go absolutely unfamiliar. It has been foreseen that, except if this specific issue is handled head on, misfortunes from the PC wrongdoing may in the long run reach $50 billion every year. One master in the field has assessed that, under present law the odds of a PC criminal being indicted are 1 of every 500, and of going to prison as 1 of every 1000. The chance of partnerships or banks failing because of PC robbery is genuine. W. John Taggart, ââ¬Å"Computer Law in Australiaâ⬠. There are numerous types of PC misuse, yet they have come to numerous arrangements. Numerous punishments if the hoodlums get captured but then there are numerous shortcomings in PC law. With the campaigns pace of advances in innovation, adapting to those delegated ââ¬Ëcomputer criminalsââ¬â¢ who are consistently one stride ahead, is practically unimaginable. They may ââ¬Ëpatch upââ¬â¢ blames in past frameworks, anyway don't perceive blames in most recent frameworks until itââ¬â¢s past the point of no return. PC wrongdoing includes the unapproved and unlawful utilization of a PC. Given development of innovation in our general public, the rate of PC rime involves extensive worry for our officials. The expense of PC wrongdoing in the United States has been assessed to be at any rate $5000 million every year. (Cudmor, Greg ââ¬Å"Computer Lawâ⬠, page 8). Who might be delegated a ââ¬Ëcomputer criminalââ¬â¢? It is said that regularly the ââ¬Ëcomputer criminalââ¬â¢ is a believed worker and the issue for associations is by all accounts inside security. The people group thinks about PC wrongdoing, as being less genuine than different violations against property, for example, robbery or vehicle burglary, as it isn't brutal or open. In numerous occasions PC wrongdoing isn't constantly announced, because of the intricacy of data frameworks. It is now and again workable for offenses to be disguised and frequently casualties are ignorant that an offense has even been submitted. A purpose behind PC wrongdoing not being accounted for is the point at which the wrongdoing is found organizations swindled of huge aggregates of cash are in some cases embarrassed to report a penetrate of security. Another explanation is that the guilty party is here and there and worker of the organization and if the mischief isn't huge the organization may train or excuse the wrongdoer.
Saturday, August 22, 2020
Essay about Thirteen Colonies and New England
Exposition around Thirteen Colonies and New England Exposition around Thirteen Colonies and New England 5. Part 1: New World Beginnings: 33,000 B.C.- A.D. 1769 A. Genuine False: Where the announcement is valid, circle T; where it is bogus, circle F. 1. T F The geology of the North American mainland was in a general sense formed by the icy masses of the Great Ice Age. 6. 2. T F North America was first settled by individuals who traveled by vessel over the waters of the Pacific Strait from Japan to Alaska. The early Indian developments of Mexico and Peru were based on the monetary establishments of steers and wheat developing. Most North American Indians lived in little, seminomadic rural and chasing networks. Numerous Indian societies like the Iroquois followed plummet through the female line. No Europeans had ever gone to the American mainlands before Columbusââ¬â¢s appearance in 1492. An essential rationale in the European journeys of disclosure was the craving to locate a more affordable course to Asian merchandise and markets. 8. 8. T F The beginnings of African subjection created because of the Spanish triumph of the Americas. Columbus quickly perceived in 1492 that he had gone over new mainlands already obscure to Europe ans. The best impact of the European interruption on the Indians of the Americas was to expand the Indian populace through intermarriage with the whites. Spanish gold and silver from the Americas energized swelling and financial development in Europe. The Spanish conquistadores had little to do with the local people groups of Mexico and would not intermarry with them. The Spanish had the option to overcome the Aztecs since they originated from an increasingly refined, urban development. Spain extended its domain into Florida and New Mexico mostly to square French and English interruptions. The Spanish domain in the new world was bigger, more extravagant, and longer-enduring than that of the English. 9. Among the most significant American Indian items to spread to the Old World were a. creatures, for example, bison and ponies. b. innovations, for example, the compass and the wheel. c. financial frameworks, for example, manor agribusiness and animals raising. d. groceries, for example, maize, beans, and tomatoes. The essential staples of Indian agribusiness were a. potatoes, beets, and sugar stick. b. rice, manioc, and peanuts. c. maize, beans, and squash. d. wheat, oats, and grain. The quantity of Indians in North America at the hour of Columbus showed up was roughly a. one million. b. 4,000,000. c. twenty million. d. 200 and fifty million. Before Columbus showed up, the main Europeans to have visited North America, briefly, were a. the Greeks. b. the Irish. c. the Norse. d. the Italians. The Portuguese were the first to enter the slave exchange and set up enormous scope manors utilizing slave work in a. West Africa. b. the Atlantic sugar islands. c. the West Indies. d. Brazil. 3. T F 4. 5. 6. T F 7. 7. T F 9. T F 10. 11. 12. T F 13. T F 14. T F 10. A great part of the impulse for Spanish investigation
Sunday, August 9, 2020
Book Riots Deals of the Day for February 24th, 2019
Book Riots Deals of the Day for February 24th, 2019 Sponsored by our giveaway of $100 to Amazon in support of Swords and Spaceships, our sci-fi/fantasy newsletter! These deals were active as of this writing, but may expire soon, so get them while theyâre hot! Todays Featured Deals American Gods: The Tenth Anniversary Edition by Neil Gaiman for $2.99. Get it here, or just click on the cover image below. Call Me by Your Name by André Aciman for $3.99. Get it here, or just click on the cover image below. Jonathan Strange and Mr Norrell by Susanna Clarke for $1.99. Get it here, or just click on the cover image below. In Case You Missed Yesterdays Most Popular Deals Black Panther: The Young Prince by Ronald L. Smith for $0.99. Get it here, or just click on the cover image below. The Devil and the Deep: Horror Stories of the Sea by Ellen Datlow for $1.99. Get it here, or just click on the cover image below. Previous daily deals that are still active (as of this writing at least). 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Saturday, May 23, 2020
The Effects Of Parental Corporal Punishment On Children
Abstract This paper will explore published recent articles that talks about young children and their eyes being glued to screens. Many articles have different purposes of why children are so addict to an in motion screen, but Marcia Eckerd found the problem and solution to why this is a number one cause in our world today. There are creative ways in children that makes their mind wonder in a way to pay more attention to what is going on in the community and how to learn from it. Technology can be a pro and con of letting your child learn their way through life through a screen. Some parents enjoy letting their kids sit down all day and watch a screen but most want their children to be active so they have to set rules. Although thereââ¬â¢sâ⬠¦show more contentâ⬠¦With perception is the oldest and most fundamental discipline, which is discovered with lawful relations between environmental events and subjective experience. Developmental psychologists have found that infants can create t heories of the way the world works with some sound and movement. They ve also looked at the ages at which children begin to learn theories from what they see and hear from television or video games. Marcia Eckerd article is mainly trying to figure out why the new generation of children is so addicted to technology and not being involved in outside activities. Whatââ¬â¢s wrong with playing at the park, running around or even playing sports? Are the children getting more lazy generation after generation? Sources say 64% of babies between the ages of 1-2 watch television and play videos games for more than over 2 hours everyday. Understanding the fact that 1 or 2 year olds canââ¬â¢t do much outside but as they grow to be entertained with videos the more they get used to just sitting around. This type of research is done multiple ways, for example, surveys. Surveys are usually based on other people opinions and tallied up to see what can out win the others. Taking a survey on why younger children are obsessed with screens can vary from what they like to do the most. For example, playing video games or going to the park, playing video games will win only because thereââ¬â¢s always a new game coming out with better graphics to catch an eye. This kind
Tuesday, May 12, 2020
The Magic and Science of Ancient Egyptian Medicine
THE SCIENCE AND MYSTERY OF ANCIENT EGYPTIAN MEDICINE TABLE OF CONTENTS PAGE 1. Introduction 1 2. The Edwin Smith Papyrus 2 2.1 Authorship 3 3. The Ebers papyrus 3 4. Human anatomy and physiology 4 4.1 Head, heart and thoracic cavity 4 4.2 Limbs and Injuries 5 4.3 Disease, Illness and their remedies and cures 6 5. Medicine and Dispensing 7 6. Conclusion 8 7. Bibliography 9 Page 1 1. INTRODUCTION A broken bone, a runny nose, stomachache, toothache, headache or strange lumps and bumps; these are just a few of the ailments that have plagued manâ⬠¦show more contentâ⬠¦When one reads the Edwin Smith Papyrus, it is very apparent that it was written during a war in order to treat war injuries. Page 3. 1. AUTHOURSHIP There has been much debate as to who the author was. A major part of the papyrus was written by one scribe, with only a small section being written by another. Some attribute the text to Imhotep, an architect, high pries and physician of the Old Kingdom (3000-2500BCE). Imhotep was a famous magician but ââ¬Å"medicine was the mistress he most zealously wooed.â⬠(Hurry 1926:23). The highest office that he held during his lifetime, was that of vizier to the Pharoah and that title must have held him in high regards with his patients. He moved in the highest of social circles and rendered fine service the bodies and spirits of this he treat ed. It has even been said that he, Imhotep, rather than Hippocrates, is the true father of medicine. 3. THE EBERS PAPYRUS The Ebers Papyrus (c.1550BC) is full of incantations and disgusting applications, which are intended to turn away disease-causing demons and it also includes 877 prescriptions. It may, if ancient medical terminology has been correctly interpreted, contain the earliest account of tumors. Even though it consists of incantations, which are meant to turn away disease-causing demons, it also contains evidence of empirical practice and observation. Some examples of remedies found in theShow MoreRelatedAncient Egyptian Medicine1152 Words à |à 5 PagesMedical practices in Ancient Egypt had a great impact on the medical practices that are used today, in fact, they were predestinates of those that we have today. This paper will give an extensive background into the details of medicine and medical practices of physicians and healers in Ancient Egypt, as well as compare some of those same practices with modern practices that we use in medicine during this time period. The practices discussed in this paper include how the Ancient Egyptians chose doctors,Read More Ancient Egyptian Medicine Essays2108 Words à |à 9 Pages The Nile river is known almost universally by historians as the cradle of medicine because it passes through the great region of Egypt. Egypt greatly contributed to the western civilization. Their knowledge was far superior to any previous civilization, and many civilizations to come. One of their greatest achievements was in the field of medicine because they replaced myth with medical fact, this laid the foundations for modern medical practice. They discovered the cause of various illnesses andRead MoreHieroglyphics and History of Mathematics567 Words à |à 2 Pagesearliest of maths. The ancient Egyptians were the first civilization to practice the scientific arts. It is said that the Egyptians introduced the earliest fully-developed base 10 numeration systems at least as early as 2700 B.C. The word chemistry is derived from the word Alchemy which is the ancient name for Egypt. It was between the third and first millennia B.C. It later then died in 400 AD. This was first used as legal matters such as commerce, education, literature, and science. This type of mathRead MoreHistory Of Mental Illness And Associated Disorders Essay1808 Words à |à 8 Pagesregain their former glory. So too are mental illnesses often scattered throughout history as being of extreme importance, to falling as little more than a nuisance. However, this cultural relativist view has become less and less regarded in the modern science era. Today, rather than diagnosing the mentally ill as those whose behavior deviated from the sociocultural norm and expectation; we instead focus on whether that behavior poses a threat to oneself or others via pain or suffering to provide importantRead MoreThe History of Chemistry Up to the XIX Century Essay912 Words à |à 4 PagesHistory of chemistry encompasses a span of time reaching from ancient history to the present. By 1000 BC, ancient civilizations used technologies that would eventually form the basis of the various branches of chemistry. Examples include extracting metals from ores, making pottery and glazes, fermenting beer and wine, extracting chemicals from plants for medicine and perfume, rendering fat into soap, making glass, and making alloys like bronze. The protoscience of chemistry, alchemy, was unsuccessfulRead MoreTaking a Look at Pharmacists2543 Words à |à 10 Pagesdamage of peopleââ¬â¢s bodies found by archaeologists in ancient bones. However, finding evid ence of early man trying to use natural resources as medicinal drugs is scarce. Prehistoric man viewed the causes of diseases as wraths from supernatural or spiritual beings. This caused our ancient ancestors to practice a type of ââ¬Å"magicâ⬠which used plants and often objects for rituals to make peace with evil and disease-causing spirits ( Kremers, 3). The ancient people learned many things from instinct. Things likeRead MoreScientific Advances in Society and Conflict Essay990 Words à |à 4 Pagesanimals and humans are similar and there are no differences between the two that cannot be factored into tests. Another topic I will be evaluating will be the field of Cryogenics. The whole idea of cryogenics dates back to the ancient Egyptians where they practised the art of mummification, hoping that the person will go onto an afterlife. As scientific developments go, bodies are now frozen solid in liquid nitrogen. Scientists and patients alike are hoping thatRead MoreReview Of The Kitab Al Fihrist 1546 Words à |à 7 PagesJabir grew up and studied the Quran, mathematics and other subjects.[13] Jabir s father s profession may have contributed greatly to his interest in alchemy. After the Abbasids took power, Jabir went back to Kufa. He began his career practicing medicine, under the patronage of a Vizir (from the noble Persian family Barmakids) of Caliph Harun al-Rashid. His connections to the Barmakid cost him dearly in the end. When that family fell from grace in 803, Jabir was placed under house arrest in KufaRead MoreA Picatrix Miscellany52019 Words à |à 209 Pagesthe Creation, Proportion and Composition of the Heavens for the Fashioning of Imagesâ⬠VI. The Picatrix: Lunar Mansions in Western Astrology VII. W. B. Yeats and ââ¬Å"A Vision:â⬠The Arab Mansions of the Moon On Ritual and Talismans Picatrix Astrological Magic Aphorisms Extracts on Planetary Ritual Clothing Twenty Two Benefic Astrological Talismans Astrology, Magical Talismans and the Mansions of the Moon Ritual of Jupiter An Astrological Election of Mercury in the First Face of Virgo for Wealth and GrowthRead MoreThe Hellenized Rome Essay1926 Words à |à 8 PagesHellenistic c ivilizations. Two different groups of professors argue this point. Professors Matthews, Platt, and Noble argue this influence is reflected by Roman music, philosophy, literature, architecture, art, culture/government, and technology and science; and Professor Weber argues this is reflected in the areas of government/law, the influence and effects of conquests, culture, religion, architecture and art, and philosophy. Both parties make compelling arguments as to why the Romans were heirs to
Wednesday, May 6, 2020
In the Lake of the Woods Free Essays
In the novel In the Lake of the Woods, Oââ¬â¢Brien channels between his life in the present at the lake with his wife, and his life in the past, recalling memories from the war in Vietnam. The novel begins with a preview into the love life and marriage of John and Kathy Wade. While the novel progresses, their relationship begins to deteriorate and as the narrator jumps from his past to his present, the impact of his time in Vietnam becomes more apparent as a primary factor in the failure of their marriage. We will write a custom essay sample on In the Lake of the Woods or any similar topic only for you Order Now Throughout the book there are sections of hypotheses and evidence that observe a mixture of fiction and non fiction documents. Some are simply historical facts about the condition of soldiers after Vietnam, particularly the My Lai massacre, while others are fabricated interviews and statements from the characters in the story examining the strange behavior of John Wade himself. The way the chapters are arranged in a scattered format attest to how the jaded past of John Wade sporadically emerged into his life with his wife, the election, and his sanity. Like many stories, the novel is not presented in chronological order. Even as the narrator jumps from past to present to evidence to hypotheses, the sections are not always continuous individually. Oââ¬â¢Brien utilizes this method because the story was not written to develop the life of John Wade, but rather to examine it as it relates to the past that he tried to conceal from the election and his wife. Each piece of evidence serves to further expand the elements that tainted John Wade and provide possibilities to the case of his missing wife. The hypotheses are an explanation of the story that also maintains the mystery in the novel because they never provide a concise ending. In the beginning, these chapters are confusing, but they help the reader see the main plot in greater depth. The significance of the events is more indicative than the order of the events. John Wadeââ¬â¢s involvement in Vietnam is most associated with the My Lai massacre, an event where numerous American soldiers violently slaughtered innocent men, women, and children at a small village called Pinkville. It is a tragedy that has forever shamed America and especially the soldiers that contributed to the horrific event. John Wade is not introduced as a collaborator in the My Lai massacre until the middle of the novel. Although this is a crucial part of the story, if John Wade had been broadcasted as a participating factor in the massacre, the point of the novel would be lost. The reader would continue to hold a bias towards John Wade and therefore disregard any sort of empathy for his difficult situations. Since, however, the reader finds out he did contribute to the My Lai massacre later in the novel, an opinion and understanding of John Wade is already present, which helps provide some justification and sympathy for the narrator. Oââ¬â¢Brien, a Vietnam veteran himself, employed this deferment of information to the reader because many see the My Lai massacre as a black and white atrocity, without ever considering the feelings and frustrations of the American soldiers themselves in fighting an ââ¬Å"invisible enemyâ⬠. The structure of the novel is not only used to gradually inform the reader of the damaged mind of John Wade, but also to emphasize the difficulty of dealing with his experiences. As the narrator begins to distrust his own senses and memories, the reader knows less of what is fact and what is speculation. The evidence provides a look into the lives of people that dealt with John Wade and people or events that relate to his condition, including post traumatic stress excerpts and political figuresââ¬â¢ approach to loss. The narrator combines his memories with these relatable findings that results in a union of fallacy and actuality as John Wade slowly slips into insanity. The issues that John Wade and his loved ones endure dealing with incorporating a guilt ridden event with his near perfect present life represents the hardship many Vietnam soldiers, including Oââ¬â¢Brien, had to face when trying to live their lives normally again. The novel is a testament to the trifles of Vietnam veterans, not only during the war, but after; Oââ¬â¢Brien writes about the characterââ¬â¢s fragmented mind and life as it relates to every damaged soldier. The structure of the novel lends itself to comprehension and the revelation of John Wade. The rather intermittent sequence of events helps the reader increasingly comprehend the nature of dismantled soldiers and how the attempt to erase John Wadeââ¬â¢s past ended in the destruction of his future. It also symbolizes the disorderly fashion that John Wadeââ¬â¢s past interrupts his present life. The structure is perfectly suited to the subject matter. How to cite In the Lake of the Woods, Papers
Saturday, May 2, 2020
International Corporate Governance System
Question: Discuss about the International Corporate Governance System. Answer: Introduction The Corporations Act, 2001 (Cth) puts an obligation on the directors and the other officers of the company to work in a manner which is in the best interest of the company, for a proper interest and in good faith. The same rules apply for the derivative actions taken by an applicant. This act shows that the best interest of the company is supreme for the individuals. However, the same can be difficult to determine in such cases where there is an overlapping of the interests of the members, with the control they have in the company. Blakeney v Blakeney is one of such cases where serious questions were raised regarding this overlapping of interests and when the actions of directors were evaluated by the court, it was held that the directors had not acted in the best interest of the company or with good faith with particular reference to derivative action. The following part covers a discussion on this case, along with the other cases, which highlights that quite often the best interest of the company is overlooked by the members, when it comes to their personal interest. Blakeney v Blakeney An officer or a member of the company is enabled through a derivative action to initiate proceedings on behalf of the company. This can be noticed recurrently when the members put an allegation regarding the breach of directors duties. The applicants of a derivative action usually believe that it they would not have to fund the litigations. Even though there have been different criteria, one of the recent decision of the Western Australian Court of Appeal has been focused on a major obstacle which a derivative applicant has to exhibit. This demonstration relates to showcasing that the derivative action is in the companys best interest. This point has to be noted by both the directors and members while they consider making such an application, or when they are threatened by one[6]. The case of Blakeney v Blakeney acts as a reminder to the fact that the likeliness of the best interest of the company in a proposed legislation is not sufficient. It is crucial to establish that the actions undertaken were actually in the companys best interest, in a clear and proven manner. The judgment in this case, given by the Court of Appeal showed that the proposed litigation which was born out of the derivation application, would hardly ever be in the companys best interest in case the company is a corporate trustee, the result of which is that are no beneficiary entitlements to the amount which is sought as recovery, and this would place the applicant director in a position which conflicts his duties[7]. In this case, it was held by the Court of Appeal that the initiation of litigation as being a derivative active was not at all in the companys best interest. And for giving this decision, the Court of Appeal considered a number of different factors. These were the nature of the business of the company; the ability to meet the judgment of the defendant; the possible consequences and costs in case of the proposed litigation being unsuccessful; the possibility of the company recovering the offered indemnity; the potential of bringing out a conflict of duties due to the prose litigation; with regards to the applicant; the requirement for the companys resources to be devoted to the litigation which has been proposed; the very nature of the indemnity which has been offered to the company by the applicant; the chances of the proposed litigation being a success; the other available avenues, in place of the litigation proposed; and the scale and character of the company[8]. In this case, the applicant director had a minimum of three other options, in form of making an application for appointing a new trustee; for initiating the proceedings on trusts behalf; and lastly, being an object of the trust, in addition to making the assumption of the existence of special circumstances. The applicant director could have initiated proceedings in his own name against the director and could have sought a declaration. The crux of the matter in this case was that the derivative application is very quickly taken as a part of strategy for litigation; however, there is a need to consider all the options especially in the stringent approach which is taken by the court while assessing the criteria of applicability. Legislative Requirements The right to bring the derivative action, in Australia, was earlier covered under the general law, which has been replaced through the statutory right to bring such derivative actions. Part 2F.1A of the Corporations Act 2001[10], containing sections 236 to 242, covers the procedure to bring statutory derivative action[11]. The applicants, who are eligible as per section 236(1) (a) have t make an application to the court for brining or intervening the proceedings on companys behalf. The reason for the application being derivative is due to the reliance of the applicant on the cause of action, which belongs to the company, instead of a personal cause of action. If satisfied, as per the criteria covered in section 237(2) (a) to (e), i.e., the leave criteria, the court can grant the leave application[13]. The order is made by the court, after considering the appropriate costs of the application, along with the derivative actions, under section 242 of this act[14]. The case of Foss v Harbottle[15] provides a useful background for understanding the provisions set out under Part 2F.1A of the Corporations Act 2001. The rule set out under this case was applied only in cases when the cause of action belonged to the company. In such cases, only the proper plaintiff could initiate the action and this proper plaintiff was the company. Wigram V-C in this case provided the exceptions to this rule, which have been included in the provisions set out in the act[16]. Derivative Action: Best Interest Section 237(2) (c) puts an obligation over the court to be satisfied regarding the best interest of the company for granting the leave to the applicant[17]. And for this grant of leave, the requirement is for more than mere satisfaction, or as has been quoted earlier, the likeliness of the same. There has to be conclusive decisiveness on part of the court regarding the companys best interest before the leave can be granted[18]. The term companys best interest imports the common concept of the interest of the company in its entirety. This term is associated with the independent and separate welfare of the company. In the case of Robash Pty Ltd v Gladstone Pacific Nickel Pty Ltd[19], identified some matter which had to be considered for granting the leave due to the same being in the best interests of the company. All such bases have already been summarized earlier. The quoted section does not merely acknowledge what is in the best interests of the company, but also regarding whether the same demands the grant of leave. In Blakeney v Blakeney, it was clarified that the bad interest cannot be established for the reasons of personal claims against the defendant. Though, the same becomes a common phenomenon in the disputes which lead to derivative actions. There have been cases where the grant of leave was made after attaining a conditional undertaking from the applicant which indemnified the company for the cos ts incurred by the company. Some of these cases include Roach v Winnote Pty Ltd[20] by Barrett J and in Cooper v Myrtace Consulting Pty Ltd by Davies J[21]. For deciding upon the point of best interest in Blakeney v Blakeney, a reference was made to the case of Cooper v Myrtace Consulting Pty Ltd. In this case, a serious question was raised regarding the proposition that the individual was plainly incapable of satisfying the indemnity[22]. The willingness to indemnify the company by the derivative applicant, who was William in t he case of Blakeney v Blakeney, was deemed as a relevant consideration, along with the extent of the capacity of William. And it this case, there was nothing which could show that William would indemnify Geraldton Builders and Fabricators[23]. In establishing the good faith of the directors in the case of Blakeney v Blakeney, the case of Swansson v RA Pratt Properties Pty Ltd[24] was quoted. In this case, Ms. Swansson and Mr. Highland were two individuals who were also divorced; where the former was the director and shareholder of RA Pratt Properties Pty Ltd. (RAPP), and the latter was the director. It was alleged by the plaintiff that the latter had contravened the directors duties stated in 180, 181 and 182 sections of the Corporations Act, 2001, in addition to the ones stated under the common law[25]. Swansson initiated actions against Highland as per section 237(1) of the act[26]. It was held by the court that Swansson was not acting in the companys best interest and hence, an application was not granted to her. The plaintiff in this case was John Carlton, and in case he won the case, the company was not required to pay the costs of litigations and would also receive compensation which would cover all the losses. Hence, the decision made by the plaintiff was held to be in the companys best interest. Recent Case As has been stated earlier, the rules have stemmed from the case of Foss v Harbottle, which was undertaken in the year of 1843. And the same carved out a number of exceptions from its operation, though, the same was not easy to establish. Due to this, the introduction of the provisions of statutory derivative action was seen as important, particularly for the enlargement of the rights of the shareholders. These provisions have been interpreted since their introduction, in a fairly conservative manner by the court of law[28]. One of the recent crucial decisions given by the Victorian Court of Appeal in this regard is the case of True Value Solar Holdings Pty Ltd and Anor v Fernandez[29], provided the interpretation of the steps which had to be established by the shareholders for obtaining the leave from court so that the statutory derivative action can be allowed, which is applied before the court[30]. In this case, three difficult grounds were set up which had to be satisfied by the shareholders and these were of acting in good faith, which was the least difficult of the three, the best interests of the company that the issue can continued in shareholders name and the possibility that the proceedings would not be brought forward by the company or for the steps in it or to take the proper reasonability for them. While interpreting the last point, it was held by the Court of Appeal that the directors in general, would not be keen on pursuing the action against their own numbers. This raises the question of conflict of the overlapping of interests, being against the best interest of the company[31]. Conclusion To sum up the entire decision, the derivative action allows the member of the company to initiate actions on behalf of it. However, in order to attain such a derivative action, the member of the company is required to establish certain points, one of which is the best interests of the company. However, the problem arises when this particular point has to be established due to the overlapping of control of the company and the interests of the members. This was famously held in the case of Blakeney v Blakeney, where the mere likeliness of best interest was not held to be a satisfactory ground for granting a leave for the derivative action. In order to give the judgment in this case, a number of other cases were used. And the similar grounds were also established in the case of True Value Solar Holdings Pty Ltd and Anor v Fernandez. In short, for the grant of derivative action, the best interest of the company has to be properly established and an overlapping of interest, can lead to the same not been granted. Bibliography Lessambo F, The International Corporate Governance System: Audit Roles and Board Oversight (Palgrave Macmillan, 2016) Loos A, Directors' Liability: A Worldwide Review (Kluwer Law International, 2nd ed, 2010) Picker CB and Seidman GI, The Dynamism of Civil Procedure - Global Trends and Developments (Springer, 2016) Blakeney v Blakeney [2016] WASCA 76 Cooper v Myrtace Consulting Pty Ltd [2014] FCA 480 Foss v Harbottle (1843) 67 ER 189 Roach v Winnote Pty Ltd [2006] NSWSC 231; (2006) 57 ACSR 138 Robash Pty Ltd v Gladstone Pacific Nickel Pty Ltd [2011] NSWSC 1235; (2011) 85 ACSR 432 Swansson v RA Pratt Properties Pty Ltd (2002) 42 ACSR 313 True Value Solar Holdings Pty Ltd and Anor v Fernandez (2013) VSCA 27 Corporations Act, 2001 (Cth) AR Conolly Company, Insurance, Banking, Construction Government (16 May 2016) https://benchmarkinc.com.au/benchmark/composite/benchmark_16-05-2016_insurance_banking_construction_government.pdf Australasian Legal Information Institute, Blakeney -V- Blakeney [2016] WASCA 76 (12 May 2016) (12 May 2016) https://www.austlii.edu.au/au/cases/wa/WASCA/2016/76.html#fnB63 Australian Institute of Company Directors, Enhancing the rights of shareholders (01 May 2013) https://www.companydirectors.com.au/director-resource-centre/publications/company-director-magazine/2013-back-editions/may/directors-counsel-enhancing-the-rights-of-shareholders Frawley N, The Cost of Bringing a Statutory Derivative Action in Australia- Is It Time To Reconsider the Terms of Section 242 of the Corporations Act 2001? (2007) https://www.clta.edu.au/professional/papers/conference2007/2007NF_CBSDAA.pdf Jins Legal Story, Swansson v RA Pratt Properties Pty Ltd (2002) 42 ACSR 313 (2017) https://www.jinslegalstory.com/corporate-law/swansson-v-ra-pratt-properties-pty-ltd-2002-42-acsr-313/ Legal Services Commission, General Duties of Directors - Corporations Act 2001 (Cth) (03 July 2012) https://www.lawhandbook.sa.gov.au/ch05s01s03s02.php Supreme Court, Australian Mortgage Finance Company (12 December 2014) https://static1.squarespace.com/static/538e6312e4b03cefc2a8a0c3/t/
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