Saturday, December 28, 2019

Analysis Of The Book The Last Of The Mohicans Essay

American exceptionalism refers to the United States as unique or a different form of democracy from other governments; described as a free nation based on democratic ideals and personal liberties. This term stems from its political, intellectual, and religious, and from its’ enduring exceptional differences. The aftermath of the â€Å"revolution†, freeing the American colonies from British control are key aspects of the belief from where American exceptionalism came about. In addition, Thomas Paine makes clear, of the term in his pamphlet of Common Sense that he wrote anonymously in 1776. In John Winthrop’s A model of Christian Charity of 1630, he goes in-depth with his creation of an instrument of the enlightenment that challenges theocracy. The Last of the Mohicans captures a great visual exploration of how colonist and Indigenous people strived to break away from the British parliament. The set takes place during the French and Indian War (7 years’ war) in 1757. The three most compelling evidences I incorporated; all communicate systems of American exceptionalism. In the pamphlet, Thomas Paine includes his statement on American exceptionalism of the United States, best explaining on the topic of having such a diverse government could make the United States extraordinary compared to other forms of democracies in the world. The writings of Winthrop’s are still-in-effect today, for example, sexual repression and obsessive propriety that goes by the name of â€Å"puritanical†. InShow MoreRelatedReview Of The Last Of The Mohicans 1878 Words   |  8 PagesTayseer Abdelsalam 12/15/16 Early American Literature: Critique #3 The Book vs The Movie The main difference between, The Last of the Mohicans, book by James Fenimore Cooper and the last of the Mohicans movie, is that the book has a more adventurous theme and the moive has a more romantic and love them. I felt that both stories were extremely interesting. Due to the text’s complexityz and the author’s peculiar writing style, it took me quite a while to get into the story, thus reducingRead MoreAnalysis Of The Movie Hawkeye By Robert E. Lee2347 Words   |  10 Pageshis life by how they act and what they say, in general Hawkeye changes pretty drastically throughout the novel. Then I talk about the cultural and historical context of the book. Which include things such as background information about the French and Indian War. My paper also includes a general summary of The Last of the Mohicans, written by James Fenimore Cooper. This summary includes major events, character development, and conflicts in the story. Finally my essay analyzes Hawkeye and his uniquenessRead MoreThe Pioneers: An Analysis of the Character of Natty Bumppo781 Words   |  3 PagesThe Pioneers: An Analysis of the Character of Natty Bumppo The Pioneers is the first in a series of five books by James Fenimore Cooper, though in the time period that the five books covers, it is the fourth, chronologically. The most famous book in this series is The Last of the Mohicans. Together, the five books are known as the Leatherstocking Tales, as they tell the story of Natty Bumppo, who also went by the alias of Leatherstocking. The Pioneers, like the other books in the LeatherstockingRead MoreThe Strawberry Statement Essay924 Words   |  4 PagesDiscusses his lack of authority to write a book, but decides to write one anyway. Discusses that he is the one writing the book, however his thought are no different than the thoughts of the youth of another generation; what you think at nineteen is universal across all generations, youth as a movement has â€Å"always been happening.† (Intro) He wants to do something about racism, poverty, and war. He discusses who they are – kids who have â€Å"hopes and fears†¦ ups and downs.† They’re people in NYC whoRead MoreRacism From Cooper s Book The Last Of The Mohicans 1818 Words   |  8 Pages A reader of The Last of the Mohicans is able to notice the manifested racism in the book which is perpetuated through the cultural divide and racial stereotypes. Racism from Cooper’s book depicts itself in being one of the contemporary themes in the novel which offers derogatory and stereotypical concerns to people of various races. In a more stringent analysis, the racial stereotypic statements from the book drive racial and cultural tolerance along with the societal inequalities which are setRead MoreOrganisational Theory230255 Words   |  922 Pages. Organization Theory Challenges and Perspectives John McAuley, Joanne Duberley and Phil Johnson . This book is, to my knowledge, the most comprehensive and reliable guide to organisational theory currently available. What is needed is a text that will give a good idea of the breadth and complexity of this important subject, and this is precisely what McAuley, Duberley and Johnson have provided. They have done some sterling service in bringing together the very diverse strands of work

Friday, December 20, 2019

Rhetorical Analysis of Tom Wolfe’s “Putting Daddy on”

Rhetorical Analysis of Tom Wolfe’s â€Å"Putting Daddy On† By: Robert Gribschaw Tom Wolfe sets the stage for discussion with his words in the essay â€Å"Putting Daddy On.† Every reader can relate to this story because the topic of life is very general. Everyone is responsible for his or her own actions and the decision each chooses to make is their lifestyle. Although it is ultimately up to the individual to create his or her own lifestyle, there are often major influences, like parents that aid in lifestyle creation. The father son relationship is a complex bond and Tom Wolfe clearly shows this through his writing. â€Å"Putting Daddy On† is a story that forces readers to question his or her feelings about life and how it’s meant to be lived. What is†¦show more content†¦It’s not in the storytellers’ favor to pick sides and persuade the audience that either character’s motives are correct. Due to this, the argument takes an unbiased approach allowing the reader to give the storyteller credibility. Tone alsotakes a major role in this essay. In the beginning of the story the tone appears to be humorous. Parker’s intellect and positive attitude give the reader the feeling that the situation will be resolved. Parker goes to talk to his son on a respectful level so that he can have a chance to persuade Ben to straighten his life out. When he arrives at Ben’s tone takes a shift in a pessimistic direction. The problem is that he is embarrassed that his son who had only one more year left at Colombia has dropped out and done nothing with his life. Because of this embarrassment Parker fails to show his son respect as he continues to indirectly make fun of him. With Parker’s inability to show respect, the reader finds out a weakness in Parkers seemingly perfect lifestyle. Ben then also chooses to take a rude approach to his father’s conversation. He answers all of Parker†™s questions in the simplest form possible and in some cases changes the subject to avoid the question. As a result of their stubbornness and unwillingness to except each other, Ben becomes angry and Parker shows signs of frustration. Once again tone has another shift, going from a slim chance to salve the problem to no chance. Parker

Thursday, December 12, 2019

Lobbying and Litigation in Telecommunications †MyAssignmenthelp

Question: Discuss about the Lobbying and Litigation in Telecommunications. Answer: Introduction The report helps in analysis of the internal and external analysis of the Uber Technologies Inc. The main different kind of leadership challenges has to be discussed as this will help the company in understanding the strategies that has to be adopted to overcome such challenges. The innovation challenges will be discussed in an effective manner and theoretical frameworks will be discussed to understand the different framework for innovation required in Uber. The main aim and purpose of the report is to understand the different kind of challenges related to leadership, innovation with the usage of theoretical framework as this will help in solving the different challenges. The SWOT and Porters Five Forces Model analysis will be done as this will help in understanding the challenges in an effective manner. Uber Technologies Inc is peer to peer ride sharing transportation network that has been headquartered in San Francisco. California. Uber is operating in more than 630 cities worldwide. The Uber application is accessed by the help of different websites and mobile applications. Uber Technologies is one of the superior and a pioneer in the sharing economy and it is growing fast in a rapid manner. There are different kind of services that are offered by Uber that includes vehicle for hire and delivery services. There are different kinds of services of ride provided by Uber that include UberPOOL, UberXL, UberGO and UberPremiere. There are more than 12000 plus employees who are working for Uber and the company has generated a huge revenue of more than US $6.5 billion. Internal and External Analysis Both internal and external analysis of Uber Technologies INC is essential in nature as this will help in understanding the strengths, weaknesses, opportunities and threats of the company effectually. Furthermore, the external environment has to be analysed in an effective manner as this will help in prioritizing innovation in Uber. The external analysis can be done with the help of Porters Five Forces Model as this will help in generating idea of the other competitors in the market. The operational costs are low in nature wherein Uber offers low prices to the customers in comparison to the other traditional competitors (Bohari, Hin and Fuad 2017). Uber has introduced cash less payments along with pricing strategy is clear in nature and it offers high standard service to the customers and it is well recognized brand in the market. The business model of Uber Technologies is unpredictable and there are different kind of privacy issues in Uber. Uber caters to the individuals who are tech savvy (Greenspan 2015). The application of Uber Technologies is highly dependent on the internet and there are low barriers in the entry as there are huge rate of competition in the respective industry (Mathooko and Ogutu 2015). There are different kind of dissatisfaction among the customers with the entire unorganized market. There is huge increase in the internet penetration as the usage of the smartphones are increasing day by day and this is expanding the Uber services in other countries as well. The rise in the disposable income is other opportunity for Uber as this is increasing the spending of the individuals on their convenience. There is an option for alternate transport wherein Uber has launched Uber Chopper in different kind of countries and this has provided Uber with opportunity for launching Bus aggregator system. The regulations of the government are unclear in nature wherein the primary concern of the disagreement between the different kind of cab aggregators and regulators of the government is relating to legal status (Sutherland 2014). There are different kind of conflicts with different kind of local authorities and this will lead to different issues for the respective company named Uber (Kuo et al. 2016). There is low margin in Uber Company wherein it helps the drivers to get high number of daily rides, however it does not create high profit margins for the drivers of Uber External Analysis Industry Rivalry is one of the forces wherein it is seen that Uber operates in different countries in worldwide and the different competitors might be different from one another. It has been seen that Uber faces huge competition from services of Lyft wherein the business model is similar to Uber and it provides competition to Uber in terms of the share in the market. There are different other competitors compete with Uber with different aspects such as customer service along with reliability and comfort. It helps in analysing that Uber is facing tough kind of competition in the industry (Slvell 2015). Threat of new entrants is the second force wherein the business mode in which Uber is operating takes lot of efforts in building. This kind of business operates in concept of people wherein the drivers get their own cars and get it registered and work for Uber in flexible hours. When a new company enters into the similar market, the barriers and cost of entry is low. Thus, it can be seen that there is high level of threats from new entrants (Yunna and Yisheng 2014). Threat of substitutes is the third force wherein the different substitute of Uber are not the ones who are in direct competition, however there are different companies who are having same business model. There are other indirect taxi companies that helps in providing same kind of services and they are in indirect competition with Uber. These are the different substitutes that are big threat to the Uber company and it is threat to market share and sales (Rezazadeh et al. 2017). Bargaining power of suppliers is the fourth force wherein Uber does not own any vehicles operating in the name and is dependent on the suppliers that is the drivers of the cars. Uber Company tries to outsource the different cars and there are different suppliers of Uber who have high bargaining power and it is the duty of Uber to take care of the different suppliers. It is because as anything bad happens it will affect the brand name of Uber along with brand image of Uber (E. Dobbs 2014). Bargaining power of the buyers is the fifth force wherein the buyers of Uber are not permanent in nature unless they become loyal to the company. It can be seen that there are different other car services available in the market and customers can shift from one service to the other and the cost of shifting in market is low in nature. It can be seen the bargaining power of Uber is high in nature (Sapra, Subramanian and Subramanian 2014). There are different kind of leadership challenges that is faced by Uber that are required to be analysed in an effective manner. Firstly, there is lack of communication and managerial effectiveness in Uber as the decisions that are taken by higher officials of Uber are late and it makes the tasks more ineffective in nature. The managers of Uber are able to adjust with the role effectively and managers are not supportive in understanding the queries of the driver partners. Secondly, guiding change is the other challenge of Uber wherein the leaders are not able to understand and lead change effectively. The leaders of the Uber Company are not able to lead to changes in an effective manner. The leaders do not set goals in the initial stage and they implement strategies after they are facing huge competition in the market (Yan, Xia and Bao 2015). Lastly, leaders of Uber Company are not able to manage the internal stakeholders along with politics as they fail in managing relationships in an effectual manner. There is no such managerial support from higher authority and this creates miscommunication among employees (Quitzow et al. 2014). From the above figure, it can be analysed that proper leadership is required to be maintained by Uber Company in overcoming such challenges in an effectual manner. The different analysis is required to be done that are as follows: The leaders need to set goals and they has to be proactive in nature as this will help the company in meeting the different deadlines. This will help the company in gaining competitive advantage with the implementation of transformational leadership style (Takata 2016). Secondly, the leaders need to delegate tasks in an effective manner wherein all the driver partners have to be provided with different facilities and understand their view point. The transformational kind of leadership will help in solving the different issues among the leaders and the employees. It is required to maximize the unique value in comparison to the other competitors in the market wherein the company will prioritize their organizational goals. This will help the company in increasing the efficiency effectiveness and performance of business. There are different kind of innovation challenges that is faced by Uber wherein firstly, the innovation challenge is that Uber introduces different kind of updates in their application. These kinds of updates can prove to be difficult for the users to use such applications in an efficient manner (Akhavan et al. 2015). Secondly, there are different kind of disruptive transactional costs of Uber wherein there are different fees or payments that is affecting the business and innovation strategies. With the help of the diagram, it can be analysed that Uber needs to implement different strategies to implement the different kind of disruptive strategies that are as follows: It is seen that Uber needs to eliminate the different transaction costs as this will help in providing conventional service to the customers. This will help in encouraging increase in the entire productivity of the different assets and rate of employment. Uber needs to take full advantage of the collaborative consumption concept with the implementation of mobile application and this can help in installation of different kind of packages as this will help in understanding the needs of the customers in an effective manner (David, David and David 2017) There are different kind of organizational priorities of Uber in relation to the innovation and leadership that includes the following: It has been seen that the Uber has introduced disruptive innovation strategies that has helped them in gaining competitive advantage in the market. Uber Technologies has tried to cut off different kind of transactional costs as this has helped the company in being better than the other competitors in the market with incremental innovation strategy in an effective manner. There were different leadership challenges in the organization that has been faced by Uber. The leaders in Uber tried to delegate the tasks and tried to maximise their unique value in an effective manner. This kind of incremental innovation will help in continuous improvement and solve them effectively. Recommendations Therefore, it can be recommended that Uber Technologies Inc need to analyse their opportunities in an effectual manner. The company named Uber needs to understand the different opportunities wherein Uber needs to increase the market penetration and this will help in increasing their footprints in different parts of the world (Datafloq.com, 2018). The other recommendation that can be suggested to Uber Technologies Inc is that Uber can develop and implement technology that will help the customers in searching movers and packers in their nearby areas via Uber application. These are the two kinds of recommendations that can be provided to Uber Company as this will help in implementing their technologies in an effectual manner. There are different kind of practical steps that has to be implemented by Uber in order to improve their innovation and leadership qualities. Firstly, proper human resource managers have to be appointed in the organization as this will help the company in gaining competitive advantage. Secondly, the company needs to understand the innovation that is required to be made as this will help in improving their issues and there will be continuous improvement. Thirdly, the leadership qualities has to be ascertained in an effectual manner as this will help in improving their strengths and solving the queries in an effectual manner. Conclusion Therefore, it can be concluded that the internal and external analysis of Uber has helped the company in understanding their different innovative strategies that can be adopted by them. Uber has helped themselves by understanding the different leadership and innovation challenges and solved them with proper implementation of technologies. The Uber Company can implement different kind of theoretical frameworks as this has helped the company in gaining competitive advantage. Lastly, the Uber Company has applied different disruptive innovation techniques that has helped the entire company in being the superior pioneer in the entire market. The different kind of theoretical frameworks has helped the respective company in understanding their weaknesses and solved them effectually. Uber Technologies Inc has tried to implement different kind of technologies wherein they have been proved superior in comparison to the other competitors in the market. References Akhavan, P., Barak, S., Maghsoudlou, H. and Antuchevi?ien?, J., 2015. FQSPM-SWOT for strategic alliance planning and partner selection; case study in a holding car manufacturer company.Technological and Economic Development of Economy,21(2), pp.165-185. Bohari, A.M., Hin, C.W. and Fuad, N., 2017. The competitiveness of halal food industry in Malaysia: A SWOT-ICT analysis.Geografia-Malaysian Journal of Society and Space,9(1). Datafloq.com. (2018). How Uber Depends on Data Analytics to Deliver Extreme Customer Service. [online] Available at: https://datafloq.com/read/how-uber-depends-data-analytics-deliver-service/2621 [Accessed 22 Mar. 2018]. David, M.E., David, F.R. and David, F.R., 2017. The quantitative strategic planning matrix: a new marketing tool.Journal of Strategic Marketing,25(4), pp.342-352. Dobbs, M., 2014. Guidelines for applying Porter's five forces framework: a set of industry analysis templates.Competitiveness Review,24(1), pp.32-45. Greenspan, R., 2015. Walmart: Five forces analysis (Porters model).Panamore Institute. Kuo, C.M., Huang, G.S., Tseng, C.Y. and Boger, E.P., 2016. SMART SWOT Strategic Planning Analysis: For Service Robot Utilization in the Hospitality Industry.Consortium Journal of Hospitality Tourism,20(2). Mathooko, F.M. and Ogutu, M., 2015. Porters five competitive forces framework and other factors that influence the choice of response strategies adopted by public universities in Kenya.International Journal of Educational Management,29(3), pp.334-354. Quitzow, R., Walz, R., Khler, J. and Rennings, K., 2014. The concept of lead markets revisited: Contribution to environmental innovation theory.Environmental Innovation and Societal Transitions,10, pp.4-19. Rezazadeh, S., Jahani, A., Makhdoum, M. and Meigooni, H.G., 2017. Evaluation of the Strategic Factors of the Management of Protected Areas Using SWOT AnalysisCase Study: Bashgol Protected Area-Qazvin Province.Evaluation of the Strategic Factors of the Management of Protected Areas Using SWOT AnalysisCase Study: Bashgol Protected Area-Qazvin Province,7(1), pp.55-68. Sapra, H., Subramanian, A. and Subramanian, K.V., 2014. Corporate governance and innovation: Theory and evidence.Journal of Financial and Quantitative Analysis,49(4), pp.957-1003. Slvell, ., 2015. The Competitive Advantage of Nations 25 yearsopening up new perspectives on competitiveness.Competitiveness Review,25(5), pp.471-481. Sutherland, E., 2014. Lobbying and litigation in telecommunications marketsreapplying Porters five forces.info,16(5), pp.1-18. Takata, H., 2016. Effects of industry forces, market orientation, and marketing capabilities on business performance: An empirical analysis of Japanese manufacturers from 2009 to 2011.Journal of Business Research,69(12), pp.5611-5619. Uber.com. (2018). Making career moves? Sign up to be an Uber Driver or get a ride to the airport | Uber. [online] Available at: https://www.uber.com/en-IN/ [Accessed 21 Mar. 2018]. Yan, J., Xia, F. and Bao, H.X., 2015. Strategic planning framework for land consolidation in China: A top-level design based on SWOT analysis.Habitat International,48, pp.46-54. Yunna, W. and Yisheng, Y., 2014. The competition situation analysis of shale gas industry in China: Applying Porters five forces and scenario model.Renewable and Sustainable Energy Reviews,40, pp.798-805.

Wednesday, December 4, 2019

Minority Shareholders Corporations Legislation

Question: Discuss about the Minority Shareholders for Corporations Legislation. Answer: Introduction Shareholders oppressive acts could take place when the majority shareholders of an organization mis-utilize their authority and power to oppress the minority shareholders. One of the main purposes which state that oppression could take place when there was no ready market for the securities in an organization was done in the perspective of an unlisted proprietary limited corporation (Dundas Lawyers, 2014). It was clearly observed that the beginning of the concept of oppression be positioned within an anxiety to conquer the apparent lacunas of the common law in connection to the minority members. Yet, the concept of oppression was initiated and modified in order to prevail over the issues which were related with the common law rule of Foss v. Harbottle, and in specific, an opportunity to recover on behalf of the corporation could be granted to the minority stakeholders. It was also noted in above mentioned matter in which primarily the tribunals were vigilant in understanding the definition of the word oppression (Dundas Lawyers, 2014). In this case the inheritance was approached in general with the underpinnings of the official non- interference and the ruling of majority which was physically powerful. The above mentioned restrictions and suggestions were granted which stated that the section should be amended so that, beyond the simple concept of oppression, an employee of the corporation could protest. Under the verdict of a committee, such protest should state that the dealings of a organization were being carried out in a way that was wrongly detrimental to that interest of the employees of a corporation (Legal Vision, 2015). Section 233 and 232 of the Act As per the provisions of section 233 of the Corporations Act 2001, relief could be sought in most of the disputes of the shareholders for the allegations of the oppression done by them on the minority shareholders. This section grants that the tribunal may ask a corporation to be wound up by its order (Shand Taylor, 2014). Section 233 of the Act also authorizes the tribunal with certain powers in order to make any command that it deliberates proper in connection to a corporation in situations where the necessities of section 232 were encountered. That authority comprises of giving a verdict that a person buys shares of another party with a proper discount of the share capital of an organization or an instruction that the corporation be convoluted up (Zammit, 2016). Under section 232 of the Act the tribunal has the prudence to make such a verdict of: The conduct of an affair of the corporation; A definite or projected performance or lapse by a corporation; A declaration, or a projected determination, of the employees or a class of employees of a corporation; Contrary to the interests of the members as a whole; or Oppressive to, unfairly prejudicial to, or unfairly discriminatory against the employees whether they were in that capacity or in any other capacity. The inquiry measured here was whether unit holders of a unit trust could seek the similar relief as shareholders under those sections. The law in this respect was vague; therefore the significance of having a Unit holders Agreement or correspondent privilege in the unit trust deed (Bal Lawyers, 2016). The vagueness occurs as the jurisdictions of New South Wales and Victoria have taken dissimilar positions on whether unit holders could seek assistance under the domineering act sections of the Corporations Act, even where there was a corporate trustee (Australian Institute of Company Directors, 2013). This principle of oppression against the minority has been applied by the Supreme Court of Victoria to the performance of the trustee corporations in connection to the privileges and entitlements of recipients. In spite of this in other jurisdictions an opposite view was being adopted; in relation to this act one the conduct of trustee organizations were measured for the reasons of the statutory oppression remedy well within the legislative definition of the phrase affairs of a organization i.e. a body corporate (Craddock Murray Neumann, 2014). In the case of Vigliaroni v. CPS Investment Holdings Pty Ltd, it was clearly stated that where the act of domination transmits to the process of a trust which has a corporate executor in that case the tribunal was given power under section 233 of the Act. Under it the tribunal has a power to work out its wide-ranging authority such as to wind up a corporation in certain proper situations. It was done so that the remedy would definitely get rid of the issue of oppression and facilitate the causes of any prospect oppression to be evades (Farrar and Boulle, 2016). Furthermore, the provisions of sections 232 and 233 of the Act for the act of oppression were to be read generally. It was open to beneficiaries of discretionary trusts managed by a company trustee to seek this remedy. Similarly, in the ensuing Supreme Court of Victoria case of Wain v. Drapac and Ors [2012] VSC 156 (26/04/2012), the applicants were the managers of the respondents group as a result they were provided with certain units in the connected corporations. It was done as part of a decision-making enticement scheme. They suspected that they were enforced out of the corporation by means of oppressive behavior on the part of the principal of the respondent (Addison, 2013). The Tribunal also concluded that the defendants had acted in an oppressive manner towards the workers and have ordered the organization and the principal of the organization to buy the shares in units of the workers who were leaving on a fair price (Thomson Reuters, 2013). Section 232 (d) of the Corporations Act But once a person has recognized that the behavior in question relates to either section 232 sub clause a,b,c then such a person must also institute that it was either: Under sub clause (d) Contrary to the interests of the members as a whole as it was characteristically met in the cases where there was a contravention of the duties of the directors of an organization. The above mentioned ground for relief contained in s.232 would in general include those contraventions of fiduciary duty which directors was obligated to perform in relation to the organization: "Carelessness and contraventions of fiduciary duty of directors, even though those duties were obliged towards the organization and not the shareholders, but they were circuitously contrary to the interests of the employees as a whole. If the corporation has negative impacts then the investment of the employees could be hurt (Corporate First Lawyers, 2016). One anxiety in relation of this term was what could be the understanding which the judiciary would provide to the employees as a whole. Utilization of the conduct, ground for relief or act in question would be less and would be contrary to each and every person or member because: "The interests of the controllers as employees may be well served by their selfish way of performing. Consequently not all of the employees would be underprivileged. More likely those words mean that, where managers act for their own benefit only, then they would be seen to be acting contrary to the interests of members as a whole. Even if the act of the managers in the interests of the majority they would not, under this elucidation, be acting in the interests of employees as a whole (Harwood Andrews, 2016). It was presented by providing a corrective environment of legislation that the tribunal should accept this view. As this part of section 232 came into effect in its current form on 13 March 2000. It was documented as a different foundation for the tribunals to intercede from the oppressive ground in section 232(e) (Turner, 2014). In the matter of Turnbull and Ors v Nrma [2004] NSWSC 577 it was stated that a extraordinary general meeting of the employees of the corporation was requested under section 249D of the Act. Certain employees gave the notice of a resolution of the company they projected to move at the subsequent general meeting. Both cases took place out of a manufacturing dispute among the organization and its employees (Shaw, 2016). The dispute was resolved proceeding to the call which was made by the corporation for the particular meeting in reply to the request of section 249D. On the foundation that it would be contrary to the interests of the members as a whole, the tribunal implements its authority that states that: even though genuinely it was requested, but the corporation may not hold the meeting; and the authentically planned determination need not be put at the subsequent meeting of the organization (Lin, 2017). It was specifically confirmed that oppression does not unavoidably engage commercial injustice. In the matter of Australian Institute of Fitness Pty Limited v Australian Institute of Fitness (Vic/Tas) Pty Limited (No 3) [2015] NSWSC 1639 it was concluded that an action was competent of being contrary to the interests of the members as a whole in customs other than by being profitably partial. One of the examples of this could be being pointlessly extravagant. An act or error, or a projected performance or error, by or on behalf of the organization, or a declaration, or a projected declaration, of a class of employees of the organization, was or would be domineering or unethically detrimental to, or unethically prejudiced against, an employee or numerous number of employees or was or would be contrary to the interests of the members as a whole. The ASIC has stated in a report which was made under Part 3 of the ASIC Act that the tribunal was of opinion that it was reasonable and fair t hat the organization be wound up (Victorian Law Reform Commission, 2016). In the matter of ASIC v Storm Financial Ltd it was stated that a variety of individuals may apply for a command to wind up a corporation, such as the corporation, a creditor, a contributing person, the liquidator, ASIC. A winding up on the reasonable and fair ground was of a prehistoric origin under the provisions of corporate law, and the fresh request was founded on protection of the public interest (Australasian Legal Information Institute, 2016). Section 232 (e) of Corporations Act In order to establish shareholders minority of usage of an act of oppression and mismanagement, under section 232(e), an individual must also institute that it was Oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a employee or employees whether in that capability or in another capacity capability (Holding Redlich, 2012). The idiom Oppressive to, unfairly prejudicial to, or unfairly discriminatory against was alarmed with the behavior of an individual that includes profitable injustice or, as mentioned in the matter of Re Ledir Enterprises Pty Ltd [2013] NSWSC 1332; (2013) 96 ACSR 1 that, a exit from the principles of fair dealing, or where a verdict has been made so as to oblige a drawback, disability or trouble on the applicant that, as per the normal principles of sensibleness and fair dealing, was inequitable. In the above mentioned statement the word Oppressive conduct has to be construed barely and centers on the character of the behavior rather than its impact. In the case of Re Jermyn Street Turkish Baths Ltd [1971] 1 WLR 1042 it was held that the word comprises of the conduct which require the quantity of decency which the employees were unrestricted to anticipate in the conduct of the affairs of a corporation (Gilbert and Tobin, 2016). In the matter of Wayde v NSW Rugby League it was stated that as reputes unfairly prejudicial or discriminatory conduct, merely prejudice or discrimination was not sufficient. So, the tribunal must decide whether a sensible board would have determined that it was inequitable to make that verdict. The tribunal would provide respect to the verdict of the board where there was nothing to propose injustice. It was also confirmed in this case that where there was a noticeable exit from the principles of justice the tribunal may itself be obligatory to make a decision where the equilibrium of opposing welfare lies (Trumble Szanto Lawyers, 2016). So, there have been a number of remedies for the burdened stakeholders as per which the tribunal has wide authorities to make any verdict which it believes to be proper if shareholders could prove that the performance of the affairs of an corporation was contrary to the interests of the shareholders as a whole, oppressive, unfairly prejudicial or unfairly discriminatory. Some of the instances of verdicts that may be proper were set out in s233 of the Act which comprises of the fact that: The organization could be wound up; Engaging a new receiver or a receiver and director; Preventing an individual from employing in particular conduct or from doing a specified act; and Necessitate an individual to do a particular act. Conclusion So, it was observed that the strategy behind sub-section 232 and 233 of the Act was to permit an subjugated stakeholder to be free from the corporation in the situations which were set out in s 232. Where a verdict was made under s 233 of the Act, the claimant must file a copy of the verdict with ASIC within 14 days after it was made. Therefore, it could be concluded that whether the laws in relation to the concept of oppression were dependent on the Corporations Act 2001 apply or dont apply have been regarded as an academic question. The benefit in having a Unit holders Agreement was that if the document was well organized, then there would be obvious privileges and duties on each of the individuals to recognize what conduct was or was not satisfactory, dropping or even getting rid of the opportunity of assertions of oppression and providing unit holders with a clear path out of the unit trust. If a trade was premeditated to be an speculation it should also be considered to be apprehended. References Aherns Lawyers. (2016) Statutory Oppression Remedy Under the Corporations Act 2001 (cth). [Online] Aherns Lawyers. Available from: https://www.ahernslawyers.com.au/latest-news/statutory-oppression-remedy-under-the-corporations-act-2001-cth/ [Accessed on 2/1/17] Victorian Law Reform Commission. (2016) The oppression remedy in the Corporations Act. [Online] Victorian Law Reform Commission. Available from: https://www.lawreform.vic.gov.au/content/3-oppression-remedy-corporations-act [Accessed on 2/1/17] Turner, R. (2014) Corporate Advisory Update April 2014. [Online] Gilbert and Tobin. Available from: https://www.gtlaw.com.au/corporate-advisory-update-april-2014 [Accessed on 2/1/17] Dundas Lawyers. (2014) Shareholder disputes the fight for control. [Online] Dundas Lawyers. Available from: https://www.dundaslawyers.com.au/shareholder-disputes-the-fight-for-control/ [Accessed on 2/1/17] Dundas Lawyers. (2014) Shareholder oppression. [Online] Dundas Lawyers. Available from: https://www.dundaslawyers.com.au/shareholder-oppression/ [Accessed on 2/1/17] Legal Vision. 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