The Great Development Of Science And People s Interest

Due to the great development of science and people’s interest in astronomy,â€Å"Einstein’s general theory of relativity allows for the possibility that we could warp space-time so much that you could go off in a rocket and return before you set out† (Hawking). The access to internet allowed many people to gain huge amount of information and knowledge easily, including astronomy. Because of IT development, many people gain knowledge and found interest in the most mystical place, the space. Nowadays, movies about space and time traveling are consistently made into a hit film. For example, the movie â€Å"Interstellar† by Christopher Nolan, became famous for realistic science-fiction throughout the world. In the movie, it shows about Wormholes, Einstein s Theory, how gravity changes time and the success of time-travel and space-travel. The knowledge and interest of time-traveling is becoming the world interest and the time-traveling can be explained through study of general information, possible breakthroughs and the effect it will bring to society. The general information can be divided to history and Einstein’s theory of relativity. To know about the time travel, first you have to know about Einstein’s theory of relativity. The theory contains lot of information about space, time, mass, energy and gravity. One of them is â€Å"the closer you get to the speed of light the slower time moves for you in comparison to someone that is not moving at all† (Einstein), and it has been proved to beShow MoreRelatedThe Chinese Communist Revolution Was A Negative Impact On The Political And Economic Development Of China1393 Words   |  6 PagesThe Chinese Communist Revolution had a negative impact on the political and economic development of China. It also had a positive and negative impact on the social development in China. 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Effect Of Citizen Police Academies On Community...

The Effect of Citizen Police Academies on Community Relationships with the Police Background Over the past several years, there have been several high-profile police-involved shootings, and the justification behind the shooting has been questioned. Several of these shootings have resulted in a subsequent criminal conviction involving some form of a homicide charge for the police officer involved. This has created a great division between those who support and those who oppose the police. Police agencies and community leaders have sought to repair this relationship, and citizen police academies are one potential avenue. In the past, as a move to try and improve these police—community relations, police departments all over the country implemented citizen police academies, or CPAs. These were initially implemented during the beginning of the community-oriented policing era, and the first department in the US to have one was the Orlando Police Department in 1985 (Lee, 2016). Since then, CPAs popularity has grown nationally, and police departments all over the county have them. Somewhere between 15 and 20 percent of agencies have CPAs, and they are far more common among those who serve larger, metropolitan areas (Lee, 2016). CPAs teach participants the details of the various functions of the police, including law, patrol techniques, use of force, self-defense, firearms, SWAT, and crime prevention (Brewster, Stoloff, Sanders, 2005). These CPAs have theShow MoreRelatedThe International Association Of Chiefs Of Police Essay1439 Words   |  6 PagesAssociation of Chiefs of Police (IACP ) defines the use of force as â€Å"the amount of effort required by police to compel compliance by an unwilling subject† and â€Å"whether the police officer reasonably believed that such force was necessary to accomplish a legitimate police purpose.† Based on a study done in various US cities, excessive force â€Å"is typically but not necessarily associated with more severe forms of force that could or do result in injury or death.† Recent prominent cases of police violence includeRead MoreThe Solutions Offered Here Will Not Be Without Barriers And Issues898 Words   |  4 Pagesparties involved. As the police plan to participate and attend more community meeting they must also understand that they will be addressing more citizen complaints and concerns. 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Why The Stonewall Riots Became A Turning Point For The...

Until the last half of the 20th century, lesbian, gay, bisexual and transgender individuals were victims of discrimination in American society and in statutory laws, which limited their basic rights. On the night of June 28, 1969, police raided the Stonewall Inn, a gay bar in New York’s Greenwich Village, and arrested three drag queens by using excessive force. Bar patrons and spectators, tired of police oppression, stood up and fought back. This was the first major protest based on equal rights for homosexuals. The Stonewall Riots became a turning point for the homosexual community in the United States sparking the beginning of the gay rights movement, and encouraged lesbian, gay, bisexual and transsexual, or LGBT, to fight for their rights. In the 1950s, the American Psychiatric Association characterized homosexuality as a â€Å"sociopathic personality disorder†(Haggerty, 713), in the Diagnostic and Statistical Manual of Mental Disorders (DSM) and it was mentioned as an example of â€Å"sexual deviations,† which mean a sexual practice considered morally wrong and legally prohibited. After homosexual were determined as â€Å"sociopathic personality disorder† discrimination against them increased. The federal government banned the employment of homosexuals in 1953 by Eisenhower who signed the Executive Order 10450 (Chauncey, George, Nancy), which insisted in the dismissal of all federal employees who were homosexual. 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Property Developments Julian - Sol and Daniel.

Questions: 1. What common law duty and statutory duty if any has Julian breached? 2. What common law or statutory duty have Sol and Daniel breached? 3. If the directors have breached their duties do any of them have a defence and if not what are the consequences for them? Answers: 1. Fiduciary duty of Loyalty Under the common law he director has been placed with a fiduciary duty. This duty includes the duty to act with grim loyalty to the company. Under the common law a director is a fiduciary of a company and it is expected that they will not enter into any transaction that they stand to benefit from or which they have an interest in. This basic common law duty was held in Aberdeen Railway Co v Blaikie Brothers (1854) where the court decided that a director should not take part in self dealing. The court further held that any transaction that is conducted by a director who has an interest in it shall be voidable and be terminated at the will of the company. Julian had a personal interest in the contract for the sale of land because his aim was not exonerate his uncle Gerald from the bank loan misery, although he did not stand to gain any material benefit. It can thus be conceded that Julian has breached this this common law duty. Duty to Avoid Conflict Pursuant to section 191(1) a director has been placed under a duty to void any material personal interstate in any in any issue that is related to the company affairs (Corporation Act 2001). This section requires that where there is such an interest, the director must disclose it by way of notice to other directors. It is evident that Julian did not disclose that he had a personal interest in the contract for the sale of land. In McGellin v Mount King Mining NL (1998) the court held that the test that is applied is whether a reasonable person will be convinced that the interest affected the judgment of the director. Julian was affected by the interest because he went on to vote for the decision during the board meeting. According S192(1) to notice of any personal interest must be in writing and be given during a directors meeting. The notice must explain suffieciently for the board of director to clearly understand the interest (Camelot Resources v MacDonald,1994). There has been no evidence that a notice has been supplied by Julian. Duty not to make improper use of information By dint of s183(1) a director must not obtain any information from the company for his own personal advantage or for the advantage of some else (Corporation Act 2001). In Commissioner for Corporate Affairs v Green (1978) the court insisted that the information must be used for the advantage of the director or someone else. It is evident that that Julian used information from the company to benefit his brother Raphael so that he may win the tender. This is contrary to the corporation act and Julian is thus in breached of the duty under s183 (1). 2. Duty of care Directors have the common law duty to exercise their responsibilities and duty with reasonable care and due diligence. In Daniels v AWA (1992) the court affirmed this common law duty by holding that the directors have the moral imperative to take reasonable measures to ensure that they oversee the operations activities of the company. In Australian Securities Commission v Gallagher (1993) the court held that the standard of care and skill that was expected was that of an ordinary person in the same position as the director. Sol and Daniel were reckless as to the fact they were required professionally to conduct an independent valuation and thus were in breach of the duty of skill and care expected of the directors. Duty to act with reasonable care and Due Diligence Pursuant to S180 (1) a director has been vested with the obligation to act with reasonable care and due diligence in a manner that any reasonable person would do (Corporation Act 2001). In ASIC v MacDonald (2009) the court held that the test that should be applied is an objective one where the question will be what an ordinary person who has the same professional experience and expertise as the defendant would do in the same circumstance. It has also been held that the standard of care is judged by what a prudent person would do in similar circumstances. Sol and Daniel expected to exercise skill and care in their duty to oversee the companys activities and they failed to do so. A reasonable and prudent person having an ordinary skill as is expected of them would have conducted an independent valuation of the land and would ensure that they are aware of all the operation of the company but they failed to do so and have not been keen with the operations of the company (Re City Equitabl e Fire Insurance Co, 1925). Furthermore, in Daniels v AWA (1992) the court insisted that the director of a company must keep himself informed of all activities and operation that go on in a company. It is imperative to note that the court in Vines v ASIC (2007) noted that common law application of the duty of care and due diligence is similar to the statutory application in Australia. 3. Consequences for Breach In law it is a general principle that ignorance of the law is not a defense and therefore the directors cannot claim innocent mistake because they did not know understand the legal position of the director duties. The only practical defense that would be applicable for the breach of section 191(1) would be that the director had given a sufficient notice of the conflict of interest but this has not been given by Julian. A breach of section S180 (1) on the duty of reasonable care and due diligence invites a civil penalty and a criminal liability 5 years imprisonment or fine of $200, 000. A breach pursuant to section 191(1) attracts a civil penalty of 10 units or an imprisonment of 3 months or both. If the breach of the duty of care causes a detriment to the company the director may be required to pay for the detriment caused or return any benefit that he has incurred to the company inform of damages. References Aberdeen Railway Co v Blaikie Brothers [1854] UKHL 1 ASIC v Macdonald (No 12) [2009] NSWSC Australian Securities Commission v Gallagher (1994) 11 WAR 105 AWA Ltd v Daniels (1992) 7 ACSR 759 Camelot Resources Ltd v MacDonald (1994) 14 ACSR 437 Corporate Affairs Commission v. Green [1978] VR 505 Corporation Act 2001 (cth) McGellin v Mount King Mining NL (1998) 144 FLR 228 Re City Equitable Fire Insurance Co [1925] Ch 407 Vines v ASIC [2007] NSWCA 75