1984 Quotes Explained

George Orwells novel Nineteen Eighty-Four was written as a response to what he saw as the rise of authoritarian and totalitarian thinking in the world both before and after World War II. Orwell foresaw how the combination of control over information (such as the constant editing of documents and photos under Joseph Stalin in the Soviet Union) and constant efforts at thought control and indoctrination (such as that practiced under Chairman Mao’s ‛cultural revolution’ in China) could result in a surveillance state. He set out to demonstrate his fears with the novel that has permanently changed the way we discuss the subject of freedom, giving us words like ‛Thoughtcrime’ and phrases like ‛Big Brother is watching you.’ Quotes About Control of Information Winston Smith works for the Ministry of Truth, where he alters the historical record to match the Party’s propaganda. Orwell understood that control of information without the objective check on such power provided by a free press would allow governments to essentially change reality. In the end the Party would announce that two and two made five, and you would have to believe it. It was inevitable that they should make that claim sooner or later: the logic of their position demanded it ... And what was terrifying was not that they would kill you for thinking otherwise, but that they might be right. For, after all, how do we know that two and two make four? Or that the force of gravity works? Or that the past is unchangeable? If both the past and the external world exist only in the mind, and if the mind itself is controllable†¦what then? Orwell took inspiration from a real event in Russia where the communist party celebrated reaching a production goal in four years instead of five by proclaiming that the workers had made 225. In this quote he notes that we only ‛know’ things that have been taught to us, and thus our reality can be changed. In Newspeak there is no word for Science. Newspeak is the most crucial concept in the novel. It is a language designed to make disagreement with the Party impossible. This goal is achieved by eliminating all vocabulary and grammatical constructions that could be construed as critical or negative. For example, in Newspeak, the word bad does not exist; if you wanted to call something bad, you would have to use the word ungood. Doublethink means the power of holding two contradictory beliefs in ones mind simultaneously, and accepting both of them. Doublethink is another important concept Orwell explores in the novel, because it makes the Party members complicit in their own oppression. When one is able to believe two conflicting things to be true, truth ceases to have any meaning outside what the state dictates. Who controls the past controls the future: who controls the present controls the past. People represent history through their own memories and identities. Orwell is careful to note the vast generation gap opening up in Oceania; the children are enthusiastic members of the Thought Police, but the older people like Winston Smith retain memories of the time before, and thus must be treated like all history—altered by force if possible, eliminated and erased if not. Quotes About Totalitarianism Orwell used Nineteen Eighty-Four to explore the dangers of authoritarianism and totalitarian forms of government. Orwell was deeply suspicious of the tendency of governments to become self-perpetuating oligarchies, and he saw how easily people’s worst tendencies could be subverted to the will of an authoritarian regime. â€Å"A hideous ecstasy of fear and vindictiveness, a desire to kill, to torture, to smash faces in with a sledge hammer, seemed to flow through the whole group of people ... turning one even against ones will like an electric current, turning one even against ones will into a grimacing, screaming lunatic.† One technique Orwell explores is directing the unavoidable fear and anger experienced by the population away from the Party and the state. In the modern world, authoritarian demagogues often direct this anger towards immigrant groups and other ‛outsiders.’ â€Å"Sexual intercourse was to be looked on as a slightly disgusting minor operation, like having an enema. This again was never put into plain words, but in an indirect way it was rubbed into every Party member from childhood onwards.† This quote demonstrates how the state has invaded even the most private aspects of life, dictating sexual mores and controlling the most intimate aspects of daily life through misinformation, peer pressure, and direct thought control. â€Å"All beliefs, habits, tastes, emotions, mental attitudes that characterize our time are really designed to sustain the mystique of the Party and prevent the true nature of present-day society from being perceived.† Orwell cleverly makes Emmanuel Goldstein’s book an accurate explanation of totalitarianism. Goldsteins book, Goldstein himself, and The Brotherhood may well be part of a ruse created by the Party to snare would-be rebels like Winston and Julia; nevertheless, the book lays out how a totalitarian government sustains its hold on power, in part by controlling outward expression, which has a direct effect on inward thought. Quotes About Destruction of the Self In the novel, Orwell is warning us about the ultimate goal of such governments: The absorption of the individual into the state. In democratic societies, or at least one which have a sincere respect for democratic ideals, the individual’s right to their beliefs and opinions is respected—indeed, it’s the foundation of the political process. In Orwell’s nightmare vision, therefore, the key goal of the Party is destruction of the individual. The thought police would get him just the same. He had committed--would have committed, even if he had never set pen to paper--the essential crime that contained all others in itself. Thoughtcrime, they called it. Thoughtcrime was not a thing that could be concealed forever. You might dodge successfully for a while, even for years, but sooner or later they were bound to get you. Thoughtcrime is the essential concept of the novel. The idea that simply thinking something contrary to what the Party has decreed to be true is a crime—and then convincing people that its revelation was inevitable—is a chilling, terrifying idea that requires people to self-edit their thoughts. This, combined with Newspeak, makes any sort of individual thought impossible. For an instant he was insane, a screaming animal. Yet he came out of the blackness clutching an idea. There was one and only one way to save himself. He must interpose another human being, the body of another human being, between himself and the rats. ... Do it to Julia! Do it to Julia! Not me! Julia! I dont care what you do to her. Tear her face off, strip her to the bones. Not me! Julia! Not me! Winston initially endures his torture with desolate resignation, and holds onto his feelings for Julia as a final, private, untouchable part of his inner self. The Party is uninterested in merely getting Winston to recant or confess—it wishes to completely destroy his sense of self. This final torture, based on a primal fear, accomplishes this by making Winston betray the one thing he had left of his private self.

Racism Is A Burden That Confuses The Past, Threatens The...

Rough Draft Pre-AP English 10 Kevin Richer â€Å"Prejudice is a burden that confuses the past, threatens the future, and renders the present inaccessible.† This is a quote from Maya Angelou. Racism plays a big part in the history of our country. It is what brought out good leaders, such as Martin Luther King Jr. and Fredrick Douglas. It has also caused people to be segregated and enslaved. Racism, the belief that one race is superior to another according to the Webster dictionary, has left a big stain on the carpet of American history. Racism in America today is influenced by the media, exaggerated by the people, and is able to be fixed. The origins of racism go as far back as the 1600’s. During the Enlightenment, people began to think that the human race should be unified and not separated by race. According to George M. Fredrickson, a professor at Stanford, â€Å"the climax of the history of racism came in the twentieth century in the rise and fall of what might be called overtly racist regimes.† The racist regimes that he is talking about are the main axis powers in World War Two. Based on this quote, the climax of racism was then, and has slowly gone do wn since. We as humans tend to categorize everything from colors to the amount of money someone makes or the ethnicity that someone is. We learn to categorize as early as preschool with colors, numbers, and shapes. Therefore, separating Caucasians from African-Americans and African-Americans from NativeShow MoreRelated12 Angry Men717 Words   |  3 Pagesbeings possess either one or any of these characteristics, which make them unique. our actions, beliefs, and choices separate us from animals and non-livings. The quote which was said by Maya Angelou states that â€Å"Prejudice is a burden that confuses the past, threatens the future and renders the present inaccessible.† We saw prejudice and stereotype from jury # 3 when he discriminates and assume that the boy was guilty because of his background and ethnic. Everyone deserve a chance to prove whether theyRead More`` Song Of Solomon Written By Toni Morrison And Film The Searchers Directed By John Ford1535 Words   |  7 PagesMaya Angelou once said â€Å"Prejudice is a burden that confuses the past, threatens the future and renders the present inaccessible†. This sentiment is apparent in the novel Song of Solomon written by Toni Morrison and the film The Searchers directed by John Ford. In both these works of fiction prejudice is an underlying theme of the central plot. Throughout both plots, it becomes apparent the cause, cost and cure for prejudice taking the form of racism. The root of prejudice in Song of Solomon comesRead MoreThe Myth Of The Melting Pot1352 Words   |  6 Pagesbest to use the same utensils every day, to keep them separate from others and to eat in the kitchen. These were part of the rules that she passed on to her daughter and which show the level of racist conditions at the workplace. Another reference to racism is when Hilly sets up Skeeter with Stuart and tells her that his father is a senator who is working to prevent black students from attending school at Ole Miss. It should be noted that according to the article â€Å"Causes of the prejudice† movie showsRead MoreAnalysis Of Of Mice And Men 2046 Words   |  9 Pages‘Prejudice is a burden than confuses the past, threatens the future and renders the present inaccessible’. This quote from the famous activist ‘Maya Angelou’ presents us with the unbelievable truth of human history. Prejudice can alter us for the better, encourage us, creates us a s a person, to be strong, we can’t change it, and it makes us who we are. Prejudice; when a person outcasts someone before knowing the facts. Reasons can be due to a certain trait, characteristic, ethnic background etc.Read MorePrejudice And Prejudice By Maya Angelou1824 Words   |  8 PagesPREJUDICE â€Å"Prejudice is a burden that confuses the past, threatens the future and renders the present inaccessible.†- Maya Angelou. This quote by Maya Angelou to me perfectly describes the word and definition of prejudice. Prejudice was in all units in this class, in total there was prejudice against Indians, African Americans, and Jews. Prejudice was a huge theme or talking point in all the stories/movies, and it caused adversity for main characters. In The Absolutely True Diary of a Part-TimeRead MoreRacism, Research, and the Breaking of the Hippocratic Oath2300 Words   |  10 Pages2013 Racism, Research, and the Breaking of the Hippocratic Oath A statement in an unsigned article in the Journal of the American Medical Association, gives the prejudicial idea: â€Å"‘Virtue in the Negro race is like angels’ visits—few and far between†Ã¢â‚¬â„¢ (Brandt 21). Nearly seventy years after Lincoln abolished slavery in the United States, racism and prejudice still flowed through the veins of many Americans and their views corrupted medical research studies with bribery, prejudice, and flagrant disregardRead MorePrejudice In To Kill A Mockingbird1924 Words   |  8 Pages Maya Angelou, a famous poet and activist, understood that, â€Å"Prejudice is a burden that confuses the past, threatens the future and renders the present inaccessible.† This quote portrays how prejudice causes people to have apathy, and stops communities from growing into welcoming and accepting environments. This is a crucial message in the novel To Kill a Mockingbird. Written by Harper Lee, the story follows a young girl named Sc out and her brother Jem growing up in the 1930s in Maycomb, AlabamaRead MoreRacism and Ethnic Discrimination44667 Words   |  179 PagesRACISM AND ETHNIC DISCRIMINATION IN NICARAGUA Myrna Cunningham Kain With the collaboration of: Ariel Jacobson, Sofà ­a Manzanares, Eileen Mairena, Eilen Gà ³mez, Jefferson Sinclair Bush November 2006 Centro para la Autonomà ­a y Desarrollo de los Pueblos Indà ­genas Center for Indigenous Peoples’ Autonomy and Development Racism and Ethnic Discrimination in Nicaragua November 2006 Contents 1. 2. Introduction Structure of the study 2.1 Scope and methodology 4 7 7 3. RacismRead MoreLogical Reasoning189930 Words   |  760 Pages............................................................................................... 173 Not Sticking to the Issue and Not Treating It Fairly ..................................................................... 174 Not Accepting the Burden of Proof ............................................................................................. 175 Diverting Attention from the Issue ............................................................................................. 176 Re-definingRead MoreManagement Course: Mba−10 General Management215330 Words   |  862 Pageshow well a company is performing have been overwhelmed by the frequency and magnitude of these economic groundswells. In today’s competitive climate, where the changes outside a business exceed the productive changes within a business, a company’s future viability is clearly under enormous stress. To maintain business growth and a sustained economy, it is essential for managers to understand and find solutions for these and other fundamental wide-ranging issues. The bursting of the high-tech bubble

The Things They Carried by Tim O’brien - 1610 Words

The Things They Carried by Tim O’Brien Plot: 1. RISING ACTION †¢ In the summer of 1968, Tim O’Brien receives a draft notice. Despite a desire to follow his convictions and flee to Canada, he feels he would be embarrassed to refuse to fulfill his patriotic duty and so concedes to fight in Vietnam. CLIMAX †¢ During their tour of duty, the men of the Alpha Company must cope with the loss of their own men and the guilt that comes from killing and watching others die. FALLING ACTION †¢ After he returns from war, O’Brien grapples with his memories by telling stories about Vietnam. 2. MAJOR CONFLICT †¢ The men of the Alpha Company, especially Tim O’Brien, grapple with the effects—both immediate and long-term—of the Vietnam War. Characters†¦show more content†¦O’Brien gains a new perspective on his experiences in Vietnam when he thinks about how he should relay the story of the man he killed to his impressionable young daughter. Kathleen also stands for the gap in communication between one who tells a story and one who receives a story. When O’Brien takes her to Vietnam to have her better understand what he went through during the war, the only things that resonate to the ten-year-old are the stink of the muck and the strangeness of the land. She has no sense of the field’s emotional significance to O’Brien, and thus does not understand his behavior there, as when he goes for a swim. Linda Linda represents elements of the past that can be brought back through imagination and storytelling. Linda, a classmate of O’Brien’s who died of a brain tumor in the fifth grade, symbolizes O’Brien’s faith that storytelling is the best way for him to negotiate pain and confusion, especially the sadness that surrounds death. Linda was O’Brien’s first love and also his first experience with death’s senseless arbitrariness. His retreat into his daydreams after her funeral provided him unexpected relief and rationalization. In his dreams, he could see Linda still alive, which suggests that through imagination—which, for O’Brien, later evolves into storytelling—the dead can continue to live. Linda’s presence in the story makes O’Brien’s earlier stories about Vietnam more universal. TheShow MoreRelatedThe Things They Carried by Tim Obrien1426 Words   |  6 PagesThe War at Home The Things They Carried, by Tim O’Brien, transports the reader into the minds of veterans of the Vietnam conflict. The Vietnam War dramatically changed Tim O’Brien and his comrades, making their return home a turbulent and difficult transition. The study, titled, The War at Home: Effects of Vietnam-Era Military Service on Post-War Household Stability, uses the draft lottery as a â€Å"natural experiment† on the general male population. The purpose of the NBER (National Bureau of EconomicRead MoreThe Things They Carried by Tim OBrien1156 Words   |  5 PagesIn Tim O’Brien’s novel, â€Å"The Things They Carried,† imagination is seen to be both beneficial and harmful. This novel consists of a story truth and a real truth. Tim O’Brien writes the book about the Vietnam War based primarily on his memory of the war. He does not remember every detail of the war, thus he makes up some false details to make the story seem more interesting. He does not only describe his own experiences, but also describe the experiences of other characters. He wants the readers toRead MoreThe Things They Carried by Tim OBrien1154 Words   |  5 PagesThe novel The Things They Carried by Tim OBrien begins by Mr. OBrien describing his dramatical events that happened during the middle of his Vietnam experience while he was fighting in the war. Mr. OBrien received his draft notice in the month of June in the year of 1968. When he received this notice Mr. OBrien had feelings of confusion, and that drove him to go north to the Canadian border, and it had him contemplating if he wanted to cross it or not because he does not want to be forced toRead MoreThe Things They Carried by Tim OBrien793 Words   |  3 PagesIn the novel, The Things They Carried, by Tim O’Brien there is an ambiguity assigned to the life of a soldier in the Vietnam war, an ambiguity that represents no clear moral victor, no clear heroes, and seemingly no end. In the movie, Platoon, written and directed by Oliver Stone, the same ambiguity is depicted, with no clear moral direction, no clear heroes, and no clear resolution. In the short story, â€Å"How to Tell a True War Story,† O’Brien talks in great detail about how a true war story, andRead MoreThe Things They Carried by Tim O’Brien550 Words   |  2 Pagespersonnel documents are in order. These are just a few items that need to be checked off of a to-do list, or inventory if you will. In â€Å"The Things They Carried† by Tim O’Brien, the main character, First Lieutenant Jimmy Cross, runs through a series of events that he had his squad carried, both on their person and in their minds. â€Å"The Things They Carried† is about Cross and the soldiers under him and their activities in Vietnam during the war. The story begins with Cross introducing the objectRead MoreThe Things they Carried by Tim OBrien529 Words   |  2 PagesIn the story The Things They Carried Tim O’Brien didn’t mention anything about traditional war heroes. I think this was a great idea, because there are no traditional war heroes. A traditional war hero is someone who is fearless and someone who can’t be harmed mentally or emotionally. But in The Things They Carried the soldiers out on the front lines were emotionally and physically scarred. Tim O’Brien didn’t write about traditional war heroes, O’Brien wrote about normal people, people with differentRead More The Things They Carried by Tim O’Brien580 Words   |  2 Pagesbook, The Things They Carried, author Tim O’Brien tells the captivating story of soldiers and everything they ha d to go through during the Vietnam War. He tells of the many things that change a person during a war and what helped many to get through it. One of the main things that helped them to get through was women. While women did not play a huge role in this book, they did play a very important role. Women were the†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Martha was the lady that Lieutenant Jimmy Cross loved. He carried letters andRead MoreOverview: The Things They Carried by Tim OBrien1510 Words   |  7 Pages The Things They Carried is a novel written by Vietnam Veteran Tim O’Brien. The Vietnam War took place between 1955 and 1975. Most of the soldiers fighting were young teenage men around the age of eighteen and nineteen years old. Like O’Brien many of these young men were pulled away from their families and life to fight a war they didn’t approve of or even know about. This had a strong affect on most of these men and O’Brien uses different ways to show how the Vietnam War affected them both physicallyRead MoreThe Things They Carried’ by Tim O’Brien Essay1233 Words   |  5 Pages‘The Things They Carried’ by Tim O’Brien provides a insider’s view of war and its distractions, both externally in dealing with combat and internally dealing with the reality of war and its effect on each solder. The story, while set in Vietnam, is as relevant today with the conflicts in Iraq and Afghanistan as it was in the 1960’s and 1970’s in Southeast Asia. With over one million soldiers having completed anywhere from one to three tours in combat in the last 10 years, the real conflict mightRead MoreThe Things They Carried by Tim OBrien580 Words   |  2 Pagesdaydreaming and felt the pain of Lavenders death. He came to realize he was to blame for the death of Ted Lavender. Lieutenant Jimmy Cross’ mind was mixed with the emotions of both Martha and the death of Ted Lavender. While Lavenders body was being carried to the chopper, all Lieutenant Cross could think about was Martha. He was thinking about how he loved her more than anything, even more than his men. He believed Ted Lavender was dead because he loved Martha so much and could not stop thinking about

Alcohol And Substance Recovery Became Popular - 1557 Words

When alcohol and substance recovery became popular, it was just individual groups that supported recovery. It wasn’t until 1935 that the federal government acknowledged that alcoholism was a disease and needed to be treated. Once the government acknowledged that people could be an alcoholic, they opened their 1st â€Å"narcotic farm†. This facility marked the beginning of federal involvement in addiction research and treatment. Since the government recognized alcoholism as a chronic disease, the insurance industry began to reimburse the treatment of alcoholism just like any other illness. This leads to a dramatic expansion in private and hospital-based inpatient treatment programs. In 1966, President Johnson appoints the first National Advisory†¦show more content†¦Not only is the First Lady pro recovery and treatment, but in 1981, the U.S. Postal Service issues a first-class stamp imprinted with Alcoholism. You can beat it!† This symbolizes that more and more groups were for the education on alcoholism. Unfortunately, alcoholics start to get a bad reputation in the late 1980s. This reputation leads to the creation of the National Minimum Drinking Age Act and Reagan’s â€Å"War on Drugs† plan. The National Minimum Drinking Age Act required all states to make the purchase or possession of alcoholic beverages illegal for anyone under the age of 21. Reagan s â€Å"War on Drugs† campaign took attention off of treatment and more on the consequences of abusing the substance. Even though Reagan tried to shift the attention elsewhere, Clinton brought the attention back to treatment. President Clinton includes a treatment benefit for alcoholism and other drug addictions in his national health care reform proposal. Due to the refocus of treatment and recovery, alcoholism is now treated as a chronic disease and the federal government establishes programs and places for these people to go to and get treatment. Alcoholism under the development of institutes and support groups, the spread of education on treatment and recovery, and the involvement of the government in research and recovery programs can most closely be viewed under the functionalist perspective. The functionalist perspective describes how certain aspects of society

Director Company Liable Insolvent Under Act â€Myassignmenthelp.Com

Question: Discuss About The Director Company Liable Insolvent Under Act? Answer: Introducation The question which has been identified in this case is in relation to the breach of directors duties as per the provisions of the Corporation Act 2001 (Cth) (the act) Section 180-184 the act deal provides the duties which the directors must act in accordance with respect to discharging their obligation towards the operations of the company. As provided in Section 180(1) of the act a director can be held accounting for the breach of this section if he or she does not apply proper skill and diligence while discharging their obligations in relation to the company. When a question in relation to the compliance with such section has to be determined the court deploys an imaginary reasonable director in the same position when the direct in context was while taking a decision in relation to the company and then seen whether the reasonable director would have indulged in the same conduct or not. In case the court is satisfied that no reasonable director would have indulged in the same action committed by the original director, such director would be held liable to the breach of section 180(1) by the court. In the case of Australian Securities and Investment Commission (ASIC) v Cassimatis (No. 8) [2016] FCA 1023 the court ruled that for the purpose of analyzing the violation of section 180(1) of the Act, no reasonable director would indulge in an actions which may result in the contravention of legal provisions as such contravention cannot be in the best interest of the company and definitely not a result of proper skill and diligence. Section 181 of the Act is violated of the actions of the directors of the company are not in good faith and towards the best interest of the company. In section 182 of the CA it has been ruled that the directors will breach the provisions of this section if it is found that they have used the position they have in the company to achieve personal interest by causing harm to the company. If there is any conflict of interest situation which a director of the company is facing where he has to choose between his interest and the companies interest he must always chose the interest of the company. In addition the directors also have to ensure that any conflict of interest situation is disclosed to the board as per section 192 of the Act. Application From the above discussed provisions provided by the Act it can be stated that the operations of the organization carried on by the directors are governed by the principles. In the given situation Eric being the non executive director of the company has the duty to act in the best interest of the company according to section 181 of the CA. he also has a duty to avoid any conflict of interest situation of his personal interest and companys interest. Thus buy persuading the board to finalize the deal with a company where he is a partner to gain personal benefit and not disclosing such situation to the board accounts to the violation of section 181 and 182 of the CA. Morton being the director of the company has been imposed with a duty to act with proper care and diligence in relation to the company. Under the section he has the duty to use personal skill and diligence to benefit the company, however he has not done so by not protesting against the deal which the company got into with Tricky Partners. A reasonable director if placed in the position of Mr. Morton would have not supported the deal knowing that the Eric is violating the provisions of the CA. Thus Mr. Morton is liable for the breach of section 180 (1) of the Act Eric has violated section 181-182 of the act being the non executive director f the company. Whereas Mr. Morton has breached section 180(1) by not using appropriate skill and care towards the operations of Gold Coin Bank. The question which has been identified in this case is in relation to the breach of directors duties as per the provisions of the act committed by the other three directors of Bricks Construction Co. In the case of Asic v Adler and 4 Ors [2002] NSWSC 171, section 181 of the Act had been discussed in details. The section imposed a duty on the directors and other officers of an organization to discharge their obligation and use their powers towards the best interest of the company in good faith. The duties must also be discharged towards a proper purpose for the company. Section 181 can be also contravened by the director even if they believe they have discharged their duties in good faith through the application of the same test which is used to determine the contravention of section 180(1). In the given case it was clear that the defendant director have breached section 181 of the Act as they being the directors of the company indulge in activities which were not towards the best interest of the company. In the same case the court also analyzed the provisions in relation to section 182 of the Act. The court stated that section 182 stands violated if the director of a company has used the power vested in him through the virtue off his position in the company in such a way where he is working for a personal interests rather than the interest of the company. As the director in the case has used his position to make the company gets into a deal for his personal interest and not the interest of the company the director violated section 182. In the given situation it has been found that the other three directors of Bricks do not have good terms with the fourth director. By not involving the fourth director they are indulging in an oppressive conduct which can be punished under section 232 and 233 of the Act. Nevertheless here the breaches constituted by the other three directors in relation to the company are discussed. Through opening another company the directors have clearly violated the provisions of section 181 of the CA as such an action is not at all in good faith and is contrary to the interest of bricks as it would be deprived of its profits. They have also violated section 183 as they have used the information obtained from the company for such deal. In addition by passing a special resolution which stated that Bricks did not have any interest in the project the directors have violated section 182 of the Act by using their position information in a way which hampers the interest of the company for personal inte rest. The three directors are liable for the violation of section 181-183 of the Act because of their actions. The question which has been identified in this case is in relation to the breach of directors duties as per the provisions of the act as well as fiduciary duties imposed by common law committed by the CEO and director of Comet Pty Ltd, Mr Hawker. The directors in Australia not only are imposed with statutory duties but also fiduciary duties under the common law. These duties state that a director must always base his actions towards the company on bona fide intentions and not in a way which hampers the interest of the company in addition the powers of the directors given to them by the company must not be used for an improper purpose. the fiduciary duties also impose an obligation on the directors to avoid any conflict of interest as provided in the case of Chan v Zacharia [1984] HCA 36. In addition the directors also have the duty to retain their discretion over the affairs of the company. In relation to the breach of general duties as opposed to the statutory duties the directors are likely to be subjected to the remedy of recession, statutory compensation or equitable damages. Section 181 of the Act mirrors the duty of good faith, proper purpose and best interest provided by general law. The section imposes a duty on the directors and other officers of an organization to discharge their obligation and use their powers towards the best interest of the company in good faith. The duties must also be discharged towards a proper purpose for the company. Section 181 can be also contravened by the director even if they believe they have discharged their duties in good faith through the application of the same test which is used to determine the contravention of section 180(1). Section 182 of the Act prohibits the director from misusing his position to case detriment to the company. Section 183 of the Act prohibits the director from misusing information to gain unfair advantage for themselves. In the given case it has been provided that Mr Hawker who is the CEO and Director of comet has indulged into activities which are not good for the company in order to save personal reputation. Hawker by directing the funds from comet to the subsidiary in order to save personal reputation have violated the best interest fiduciary duty under general law as well as the section 181 of the act under statutory law as the act is clearly not in the best interest of the company which had to face insolvency as a result of Hawkers actions. In addition Hawker has violated section 182 of the Act along with the fiduciary duty of not making improper use if position by indulging in the act of fund transfer. Therefore it can be provided that Hawker can be held liable for the breach of section 181 and 182 of the Act as per statutory duties and the common law duty to act in best interest and not to make improper use of position. As provided in Section 180(1) of the act a director can be held accountable for the breach of this section if he or she does not apply proper skill and diligence while discharging their obligations in relation to the company. When a question in relation to the compliance with such section has to be determined the court deploys an imaginary reasonable director in the same position when the direct in context was while taking a decision in relation to the company and then seen whether the reasonable director would have indulged in the same conduct or not. In case the court is satisfied that no reasonable director would have indulged in the same action committed by the original director, such director would be held liable to the breach of section 180(1) by the court. In the case of ASIC v Healey (2011) 83 ACSR 484 an argument was provided by the non- executive directors that they could rely on the companys external auditors and management towards ensuring that the financial statement are in compliance with the Australian accounting standards. However the court in this case ruled that under the provisions of the Act every member of the board of directors has been imposed with a responsibility of focusing on and attending to the financial statements and such responsibility cannot be abdicated or delegated to others. In the case of Permanent Building Society (in liq) v Wheeler (1994) 14 ACSR 109 it was ruled by the court that in case a director possesses a special skill their standard of care towards a company is held to be that of person professing such skills. In the case of ASIC v Rich (2003) 44 ACSR 341 it was held by the court that the liability of the non-executive directors of a company are not limited to the knowledge, inaction , ignorance or experience of the directors. As a defense Section 198D of the Act allows the directors to delegate any of their responsibilities to any person unless it is not restricted by the constitution of the company. Section 190(1) of the CA does not allow a director to abdicate responsibility. If the delegation of power has been done in a negligent manner the directors can only defend themselves if after making appropriate enquires the directors believed or have reasonable grounds to believe that the delegates are competent and reliable with respect to the delegated power under section 190(2) of the Act. According to section 189 of the Act directors can reasonable have reliance on the decision of professional advisors, employees if the reliance was made after making proper independent assessment in good faith. However as provided by the Healey case reliance only be reasonable if the contrary is not proved. In the Rich case the court ruled that whether the director have indulged in reasonably informed decision making is analyzed by determining the significance of the decision, time in hand for obtaining information, cost of information, confidence of directors in those giving the information, the nature of the decision towards the demand of competency by the board and whether the information was available reasonably and not considered. In the given situation the COO of the company has recruited some of his friends for the purpose of preparing a report. The fresh recruitments are young graduates who are inexperiences in handing a matter which is of high significance for the company and requires experienced experts. This is clearly a breach of exercising proper diligence and care in relation to the operations of the company. However in this case the COO can take the help of the business judgment rule as a defense as provided in section 180(2) of the Act according to which a director is free to marketing any judgment for the company in good faith and in compliance of law. However any reasonable director under the same circumstances as the COO would have not recruited the inexperienced experts as provided in the rich case. Given the significance of the decision and the reasonable availability of the decision the COO should have appointed more experienced experts. In addition he can take the defense of reliance as per w hich decision provided by other can be relied on under section 189. However there was no independent assessment done by the COO so this defense would also not be available. With reference to the situation of the non executive directors as per the above discussed cases a subjective test is no longer used to determine the breach of duty. In the Healey case it had been specifically provided by the Court that the liability of the non- executive directors of a company are not limited to the knowledge, inaction , ignorance or experience of the directors. Thus in given situation the two non-executive directors one of which was a geologist and the other an engineer it can be provided that they should have made the board cautious about the decision in relation to the project. This can be said because as per their qualifications they had expert knowledge in the area of the project which they did not use in relation to the company. They cannot use their position of being non executive as a defense as discussed in the Healey case. Section 588G of the Act expressly prohibits any director or officer of a company to indulge in any kind of trading activity when they have the information that the company has become insolvent or reasonably believe that the company may become insolvent as a result of such activity. The directors of the company can evade the liability for a breach of duty if they were not present at the time which a decision had been made due to sickness of any their circumstances which were beyond their control. Section 588h of the Act provides that if the directors of a company had reasonable grounds to believe that their activities would not make the company insolvent or the company is solvent at the time of such trading they can be excluded from the liability. The section had been used and discussed in the case of Manpac Industries Pty Ltd v Ceccattini [2002] NSWSC 330 were reliance was put by the directors on other person to determine insolvency. In the given situation it has been provided that the directors of the company had indulged in trading activities when they had been informed by the financial officer that the company is nearing insolvency. The directors did not take into account the advice provided but the CFO of the company very seriously. Thus they carried on with the trading and which could be considered as a breach of section 588G of the Act. Here the directors cannot take the defense available in section 588H of the Act as they cannot prove that they reasonably believed that the company would continue to be solvent after such activity. The CFO who was not present at the time the decision was taken cannot use the above discussed defense of absence which can be used in case of circumstances beyond control and sickness as a anti aging surgery could have been postpone after the meeting about the decision. References Asic v Adler and 4 Ors [2002] NSWSC 171 ASIC v Healey (2011) 83 ACSR 484 ASIC v Rich (2003) 44 ACSR 341 Australian Securities and Investment Commission (ASIC) v project-management (No. 8) [2016] FCA 1023 Chan v Zacharia [1984] HCA 36 Corporation Act 2001 (Cth) Manpac Industries Pty Ltd v Ceccattini [2002] NSWSC 330 Permanent Building Society (in liq) v economics (1994) 14 ACSR 109

Comments for Pervasive and Ubiquitous Computing -myassignmenthelp

Question: Write about theComments for Pervasive and Ubiquitous Computing. Answer: The change management theory can be effective ways to deal with the new forms of challenges that occurs within the industry of healthcare. The study has been able to highlight different types of changes that can be implemented. I do believe that both transitional and transformational change can be implemented depending upon the challenges in each of the cases. The developmental change is most appreciable in the matter of incorporating new types of skills among the healthcare workers (Zablotsky et al. 2015). With the implementation of the healthcare technology, it is possible to improve the quality of care that is being provided by the patients (Grnvall Verdezoto, 2013). In spite of providing the description of all types of change management model, which includes the Lewins Change management model, Kotters 8 step change model and McKinsey 7S model, the essay has concluded about the fact none of the models are not effective enough to deal with manage all forms of challenges. I do strongly agree upon the fact that most of the change management models are only effective in providing some theoretical guidelines. In the reality most of the models cannot completely deal with all forms of challenges that occur due to the change in the healthcare management. Reference Grnvall, E., Verdezoto, N. (2013, September). Beyond self-monitoring: understanding non-functional aspects of home-based healthcare technology. In Proceedings of the 2013 ACM international joint conference on Pervasive and ubiquitous computing (pp. 587-596). ACM. Zablotsky, B., Black, L. I., Maenner, M. J., Schieve, L. A., Blumberg, S. J. (2015). Estimated prevalence of autism and other developmental disabilities following questionnaire changes in the 2014 National Health Interview Survey.