This is a COMPANY LAW AND CAPITALISM (LLB) problem question; the Essay

This is a COMPANY LAW AND CAPITALISM (LLB) problem question; the question is on the assignment criteria field of this application form below - Essay Example and Boris are the executive Directors of the Company, but from the perspective of ownership of shares, it may be noted that Clarke Bros has a greater ownership stake, since they own 5% of the shares while Boris and Amber own 2% each. Berle and Means point out that with the growing size of corporations, ownership and management have been separated1 however companies are now so dominated by directors that their shareholders may be denied an effective say in the decisions of the Company. Justice Plowman in the case of Parke v Daily News Ltd2 held that the primary duty of the directors of a corporation is to their shareholders, superseding their duty to their employees. In the execution of his duties, it is inevitable that a Director will face a conflict of interests, but he is required to be self regulated by a strong code of ethics in his dealings. The Executive Director is the principal agent of the Company but under the law, has been held to be subject to the same standards of loyalty and good faith in his duties as that expected from trustees3 and therefore has a fiduciary duty to the shareholders4. However, the functions of directors originated as a flexible concept in the courts in the nineteenth and twentieth centuries. For example in the case of directors in Turquand v Marshall, the Court held that it â€Å"could not interfere with the discretion exercised by them†.5 In the case of Re Dunham and Co, the Court found that the director has been guilty of â€Å"considerable negligence† yet held that he had not breached his duty of diligence and care.6 However the duty of skill of a Director was best laid out by Romer J in the Re City Equitable Fire Insurance Co Ltd7 where he stated that while a Director was expected to exercise a certain level of skill and diligence that an ordinary reasonable man would apply under the circumstances, this did not mean that he was required to demonstrate a level of skill that was not commensurate with his experience. Moreover, a

Water Movie Essay Example | Topics and Well Written Essays - 1000 words

Water Movie - Essay Example s taken to a holy city of Baranas to live with other elderly widows where she is destined to spend the rest of her life although she keeps hoping that her mother would come and take her home. Another character in the movie is Kalyani, a young widow who falls in love with Nayaran, a follower of Gandhi, and she is presented with the dilemma of keeping the Hindu tradition or marrying him. The movie therefore explores the fate of the young widows and their struggle to remain afloat in the deep waters of the Hindu tradition and religion. In this paper, the film water (2005) will be used to identify and discuss the various intercultural communication concepts. The film water (2005) offers a controversial presentation of stereotypes in the Hindu culture. Widows are considered as unlucky and cursed members of the Hindu society and culture. According to the Hindu religion and culture, widows are the Zamindar prostitutes. They are confined to the widow dorm, exploited and have nowhere to go to. Chuyia hopes that her mother would come to take her away from the widow dorm but this is not the case because she is bound by the Hindu culture and she only has three options at her disposal; to remarry her dead husband’s brother, to die on the husbands pyre or to commit her entire life into celibacy. She is violated, abused and misused in the Zamindar where she is sent for child prostitution. One of the more rational widows, Shakuntala feels sorry for her, arranges to get her out of the suffering of the widow house, and entrusts her under the care of Gandhi. Kalyani, another widow falls in love with Nayarana and agrees to marry him. She however commits suicide in shame upon realizing that she had been his father’s prostitute. The roles of Kalyani as the woman who commits suicide as a way of escaping the cruel cultural norms and the other widows as those who conforms to the rules of culture and religion represents the social stereotypes in the movie. On the other hand, the