Factors Determining Layout And Design

Factors Determining Layout And Design Facility layout and design is an important component of a businesss overall operations, both in terms of maximizing the effectiveness of the production process and meeting the needs of employees. The basic objective of layout is to ensure a smooth flow of work, material, and information through a system. The basic meaning of facility is the space in which a businesss activities take place. The layout and design of that space impact greatly how the work is done-the flow of work, materials, and information through the system. The key to good facility layout and design is the integration of the needs of people (personnel and customers), materials (raw, finishes, and in process), and machinery in such a way that they create a single, well-functioning system. FACTORS DETERMINING LAYOUT AND DESIGN Small business owners need to consider many operational factors when building or renovating a facility for maximum layout effectiveness. These criteria include the following: 1. Ease of future expansion or change-Facilities should be designed so that they can be easily expanded or adjusted to meet changing production needs. Although redesigning a facility is a major, expensive undertaking not to be done lightly, there is always the possibility that a redesign will be necessary, Therefore, any design should be flexible. Flexible manufacturing systems most often are highly automated facilities having intermediate-volume production of a variety of products. Their goal is to minimize changeover or setup times for producing the different products while still achieving close to assembly line (single-product) production rates. 2. Flow of movement- the facility design should reflect recognition of the importance of smooth process flow. In the case of factory facilities, the editors of How to Run a Small Business state that ideally, the plan will show the raw materials entering your plant at one end and the finished product emerging at the other. The flow need not be a straight line. Parallel flows, U-shaped patterns, or even a zigzag that ends up with the finished product back at the shipping and receiving bays can be functional. However, backtracking is to be avoided in whatever pattern is chosen. When parts and materials move against or across the overall flow, personnel and paperwork become confused. 3. Materials handling-Small business owners should make certain that the facility layout makes it possible to handle materials (products, equipment, containers, etc.) in an orderly, efficient-and preferably simple-manner. 4. Output needs- the facility should be laid out in a way that is conducive to helping the business meet its production needs. 1. Space utilization-This aspect of facility design includes everything from making sure that traffic lanes are wide enough to making certain that inventory storage warehouses or rooms utilize as much vertical space as possible. 2. Shipping and receiving-counseled small business owners to leave ample room for this aspect of operations. While space does tend to fill itself up, receiving and shipping rarely get enough space for the work to be done effectively, 3. Ease of communication and support-Facilities should be laid out so that communication within various areas of the business and interactions with vendors and customers can be done in an easy and effective manner. Similarly, support areas should be stationed in areas that help them to serve operating areas. 4. Impact on employee morale and job satisfaction-since countless studies have indicated that employee morale has a major impact on productivity, owners and managers to heed this factor when pondering facility design alternatives: Some ways layout design can increase morale are obvious, such as providing for light-colored walls, windows, space. Other ways are less obvious and not directly related to the production process. Some examples are including a cafeteria or even a gymnasium in the facility design. Again, though, there are costs to be traded off. That is, does the increase in morale due to a cafeteria increase productivity to the extent that the increased productivity covers the cost of building and staffing the cafeteria? 5. Promotional value-if the business commonly receives visitors in the form of customers, vendors, investors, etc., the small business owner may want to make sure that the facility layout is an attractive one that further burnishes the companys reputation. Design factors that can influence the degree of attractiveness of a facility include not only the design of the production area itself, but the impact that it has on, for instance, ease of fulfilling maintenance/cleaning tasks. 6. Safety-the facility layout should enable the business to effectively operate in accordance with Occupational Safety and Health Administration guidelines and other legal restrictions. Facility layout must be considered very carefully because we do not want to constantly redesign the facility, Some of the goals in designing the facility are to ensure a minimum amount of materials handling, to avoid bottlenecks, to minimize machine interference, to ensure high employee morale and safety, and to ensure flexibility. Essentially, there are two distinct types of layout. Product layout is synonymous with assembly line and is oriented toward the products that are being made. Process layout is oriented around the processes that are used to make the products. Generally, product layout is applicable for high-volume repetitive operations, while process layout is applicable for low-volume custom-made goods. AN IDEAL LAYOUT 1. Transport: Movement of materials is a waste. Minimize the amount of movement by arranging processes in close proximity to each other. Factory layouts can often be the fundamental cause of excess transportation. When appropriate, re-laying out the machines within a factory from a functional to a cellular layout has been found by many companies to help not just reduce transportation waste but also reduce WIP and waiting. Items being moved unnecessarily incur a cost. 2. Inventory: Many companies produce above what is required to fulfill the order, this may be due to quality problems along the production process or the often mistaken belief that is saves money by manufacturing larger quantities. Too little inventory can lose sales; too much inventory can hide problems. 3. Motion: Generally, this waste applies to production personnel having to move out of their work area to locate tools, materials, etc. Remove unnecessary motion of the operations and improve the ergonomics of the workplace. People moving unnecessarily also incur a cost. 4. Waiting: Minimize waiting time (operators waiting for machines or products waiting around in factories either as finished goods or work in progress) Aim for a smooth flow. 5. Overproduction: Always aim to make exactly what the customer orders, just in time, to the correct quality standard. On the shop floor, this generally occurs because changeover times are high, equipment is unreliable, the process is unreliable (causes defects), and standard cost accounting metrics are used. However, probably the biggest reason for overproduction is poor information flow (communication) between facilities. 6. Over Processing: Use machines which are of an appropriate capacity and capable of achieving the required quality standard. This usually refers to using larger scale equipment than necessary; it also refers to building in rework to a process. It can also refer to using the wrong suppliers and/or the wrong process. 7. Defects: Reducing the number of defects directly reduces the amount of waste. Aim for zero defects. The efficiency of production depends on how well the various machines; production facilities and employees amenities are located in a plant. Only the properly laid out plant can ensure the smooth and rapid movement of material, from the raw material stage to the end product stage. Plant layout encompasses new layout as well as improvement in the existing layout. It may be defined as a technique of locating machines, processes and plant services within the factory so as to achieve the right quantity and quality of output at the lowest possible cost of manufacturing. It involves a judicious arrangement of production facilities so that workflow is direct. Plant layout refers to the arrangement of physical facilities such as machinery, equipment, furniture etc. within the factory building in such a manner so as to have quickest flow of material at the lowest cost and with the least amount of handling in processing the product from the receipt of material to the shipment of the finished product. The overall objective of plant layout is to design a physical arrangement that most economically meets the required output quantity and quality., Plant layout ideally involves allocation of space and Arrangement of equipment in such a manner that overall operating costs are minimized. IMPORTANCE Plant layout is an important decision as it represents long-term commitment. An ideal plant layout should provide the optimum relationship among output, floor area and manufacturing process. It facilitates the production process, minimizes material handling, time and cost, and allows flexibility of operations, easy production flow, makes economic use of the building, promotes effective utilization of manpower, and provides for employees convenience, safety, comfort at work, maximum exposure to natural light and ventilation. It is also important because it affects the flow of material and processes, labour efficiency, supervision and control, use of space and expansion possibilities etc. ESSENTIALS REQUIREMENTS An efficient plant layout is one that can be instrumental in achieving the following objectives: a) Proper and efficient utilization of available floor space. b) To ensure that work proceeds from one point to another point without any delay. c) Provide enough production capacity. d) Reduce material handling costs. e) Reduce hazards to personnel. f) Utilize labour efficiently. g) Increase employee morale. h) Reduce accidents. i) Provide for volume and product flexibility. j) Provide ease of supervision and control. k) Provide for employee safety and health. l) Allow ease of maintenance. m) Allow high machine or equipment utilization. n) Improve productivity. FACTORS INFLUENCING LAYOUT While deciding his factory or unit or establishment or store, a small-scale businessman should keep the following factors in mind: a) Factory building: The nature and size of the building determines the floor space available for layout. While designing the special requirements, e.g. air conditioning, dust control, humidity control etc. must be kept in mind. b) Nature of product: product layout is suitable for uniform products whereas process layout is more appropriate for custom-made products. c) Production process: In assembly line industries, product layout is better. In job order or intermittent manufacturing on the other hand, process layout is desirable. d) Type of machinery: General purpose machines are often arranged as per process layout while special purpose machines are arranged according to product layout. e) Repairs and maintenance: machines should be so arranged that adequate space is available between them for movement of equipment and people required for repairing the machines. f) Human needs: Adequate arrangement should be made for cloakroom, washroom, lockers, drinking water, toilets and other employee facilities, proper provision should be made for disposal of effluents, if any. g) Plant environment: Heat, light, noise, ventilation and other aspects should be duly considered, e.g. paint shops and plating section should be located in another hall so that dangerous fumes can be removed through proper ventilation etc. Adequate safety arrangement should also be made. Thus, the layout should be conducive to health and safety of employees. It should ensure free and efficient flow of men and materials. Future expansion and diversification may also be considered while planning factory layout. DYNAMICS OF PLANT LAYOUT Plant layout is a dynamic rather than a static concept meaning thereby if once done it is not permanent in nature rather improvement or revision in the existing plant layout must be made by keeping a track with development of new machines or equipment, improvements in manufacturing process, changes in materials handling devices etc. But, any revision in layout must be made only when the savings resulting from revision exceed the costs involved in such revision. Revision in plant layout may become necessary on account of the following reasons: a) Increase in the output of the existing product b) Introduction of a new product and diversification c) Technological advancements in machinery, material, processes, product design, fuel etc. d) Deficiencies in the layout unnoticed by the layout engineer in the beginning. APPLICABILITY OF PLANT LAYOUT Plant layout is applicable to all types of industries or plants. Certain plants require special arrangements which, when incorporated make the layout look distinct form the types already discussed above. Applicability of plant layout in manufacturing and service industries is discussed below. In case of the manufacturing of detergent powder, a multi-story building is specially constructed to house the boiler. Materials are stored and poured into the boiler at different stages on different floors. Other facilities are also provided around the boiler at different stations. Another applicability of this layout is the manufacture of talcum powder. Here machinery is arranged vertically i.e. from top to bottom. Thus, material is poured into the first machine at the top and powder comes out at the bottom of the machinery located on the ground floor. Yet another applicability of this layout is the newspaper plant, where the time element is of supreme importance, the accomplishment being gapped in seconds. Here plant layout must be simple and direct so as to eliminate distance, delay and confusion. There must be a perfect coordination of all departments and machinery or equipment, as materials must never fail. Plant layout is also applicable to five star hotels as well. Here lodging, bar, restaurant, kitchen, stores, swimming pool, laundry, shaving saloons, shopping arcades, conference hall, parking areas etc. should all find an appropriate place in the layout. Here importance must be given to cleanliness, elegant appearance, convenience and compact looks, which attract customers. Similarly plant layout is applicable to a cinema hall, where emphasis is on comfort, and convenience of the cinemagoers. The projector, screen, sound box, firefighting equipment, ambience etc. should be of utmost importance. A plant layout applies besides the grouping of machinery, to an arrangement for other facilities as well. Such facilities include receiving and dispatching points, inspection facilities, employee facilities, storage etc. Generally, the receiving and the dispatching departments should be at either end of the plant. The storeroom should be located close to the production, receiving and dispatching centers in order to minimize handling costs. The inspection should be right next to other dispatch department as inspections are done finally, before dispatch. The maintenance department consisting of lighting, safety devices, fire protection, collection and disposal of garbage, scrap etc. should be located in a place which is easily accessible to all the other departments in the plant. The other employee facilities like toilet facilities, drinking water facilities, first aid room, cafeteria etc. This can be a little away from other departments but should be within easy reach of the employees. Hence, there are the other industries or plants to which plant layout is applicable. The importance of a layout would be better appreciated if one understands the influence of an efficient layout on the manufacturing function: it makes it smooth and efficient. Operating efficiencies, such as economies in the cost of handling materials, minimization of production delays and avoidance of bottlenecks all these depend on a proper layout. An ideally laid out plant reduces manufacturing costs through reduced materials handling, reduced personnel and equipment requirements and reduced process inventory. The objectives or advantages of an ideal layout are outlined in the paragraphs that follow. The advantages are common to all the plants, irrespective of age; and whether a plant employs 50 workers or 50,000 makes no difference in so far as the applicability of the plant layout advantages is concerned. Some of these advantages are: Economies in Handling Nearly 30% to 40% of the manufacturing cost is accounted for, by materials handling. Every effort should, therefore, be made to cut down on this cost. Long distance movements should be avoided and specific handling operations must be eliminated. A cynic may say that the cheapest way to handle materials is not to handle them at all. But, in a factory, materials have to be handled; and therefore, it all depends on the layout. Effective Use of Available Area Every inch of the plant area is valuable, especially in urban areas. Efforts should therefore be made to make use of the available area by planning the layout properly. Some steps for achieving this end are: location of equipment and services in order that they may perform multiple functions; development of up-to-date work areas and operator job assignments for a full utilization of the labor force. Minimization of Production Delays Repeat orders and new customers will be the result of prompt execution of orders. Every management should try to keep to the delivery schedules. Often, the deadline dates for delivery of production orders are a bug-a-boo to the management. Plant layout is a significant factor in the timely execution of orders. An ideal layout eliminates such causes of delays as shortage of space, long-distance movements of materials, spoiled work and thus contributes to the speedy execution of orders. Improved Quality Control Timely execution of orders will be meaningful when the quality of the output is not below expectations. To ensure quality, inspection should be conducted at different stages of manufacture. An ideal layout provides for inspection to ensure better quality control. Minimum Equipment Investment Investment on equipment can be minimized by planned machine balance and location, minimum handling distances, by the installation of general purpose machines and by planned machine loading. A good plant layout provides all these advantages. Avoidance of Bottlenecks Bottlenecks refer to any place in a production process where materials tend to pile up or are produced at a speed, less rapid than the previous or subsequent operations. Bottlenecks are caused by inadequate machine capacity, inadequate storage space or low speed on part of the operators. The results of bottlenecks are delays in productions schedules, congestion, accidents and wastage of floor area. All these may be overcome with an efficient layout. Better Production Control Production Control is concerned with the production of the product of the right type, at the right time and at a reasonable cost. A good plant layout is a requisite for good production control and provides the production control officers with a systematic basis upon which to build organization and procedures. Better Supervision A good plant layout ensures better supervision in two ways: 1. Determining the number of workers to be handled by a supervisor and 2. Enabling the supervisor to get a full view of the entire plant at one glance. A good plant layout is, therefore, the first step to good supervision. Improved Utilization of Labor Labor is paid for every hour it spends in the factory. The efficiency of a management lies in utilizing the time for productive purpose. A good plant layout is one of the factors in effective utilization of labor. It makes possible individual operations, the process and flow of materials handling in such a way that the time of each worker is effectively spent on productive operations. Improved Employee Morale Employee morale is achieved when workers are cheerful and confident. This state of mental condition is vital to the success of any organization. Morale depends on: (a) Better working condition; (b) Better employee facilities; (c) Reduced number of accidents; (d) Increased earnings. Plant layout has a bearing on all these. Avoidance of unnecessary and costly changes. A planned layout avoids frequent changes which are difficult and costly. The incorporation of flexibility elements in the layout would help in the avoidance of revisions.

Company law ans

Bristol is a substantial shareholder in Chester-Perry Industries Ltd. A business competitor, Gun and Fames Pity Ltd, is selling in great volume a cookbook similar to one in respect of which Chester-Perry Industries holds the copyright. Bristol believes his company has incurred a substantial loss and his own shares have been reduced In value by $150,000. HIS solicitors believe an Infringement of copyright has occurred. Cycles and Pollock are the directors of Chester-Perry Industries Ltd. They state that they have decided not to litigate because they believe hat to take legal action for infringement of copyright is too expensive and risky.Bristol is unsure whether the directors of Chester-Perry Industries have any interest in Gun and Fames Pity Ltd. On the general principles laid down Salmon's case, can Bristol sue Gun & Fames? Issue: Can Bristol sue Gun & Fames on behalf of Chester-Perry as a shareholder in Chester-Perry? Relevant law: Salomon. Application: The House of Lords in Salom on held that upon incorporation, a company beneficially becomes a separate legal entity even though its issued shares are owned by the same person Like In Salomon.Similarly In this question, Chester-Perry Is a company that has been incorporated and therefore, is a separate legal entity from all its shareholders. In this case, according to Salomon, Bristol who is a shareholder of Chester- Perry cannot sue Gun & Fames on behalf of Chester-Perry as a company is separate from its shareholders. Conclusion: Bristol cannot sue Gun & Fames on behalf of Chester Perry due to the principle laid down in Salomon where upon incorporation Chester Perry is considered as a separate legal entity from all its shareholders, including Tutorial 2 Bristol.Q(a). The Constitution of Big Hopes Pity. Ltd. Includes the following provisions: Rule XSL: On any Increase In capital the new shares must be offered to members In proportion to their excellent shares. John (an existing shareholder) is distressed when an allotment of a new issue is Issue: of What action can John take against Big Hopes for failing to allot new issue shares to him according to Rule xi of the Constitution? Relevant law: CA 2001. Application: s. 140(1)(a) states that a constitution of a company is a contract between the company and its company and its shareholders.In this essence, both the shareholders are bind by the constitution. Must Big In this instance, Rule xi of Big Hopes' constitution states that new shares be offered to existing shareholders as per their existing shares. However, Hopes failed to allot new shares to John as according to his existing shares and have therefore breached its contractual obligation in the constitution under Conclusion: John can take an action against Big Hope under s. 140(1)(a) for breaching its to contractual obligation in its constitution for failing to allot the new shares John as per his existing shares.Tutorial 3 Q. John, Ring, George and Paul incorporate Big Hopes Pity Ltd for their property development business. Big Hopes Pity Ltd was empowered under a provision in its constitution to appoint a managing director. However, the company did not appoint managing director, executed a contract with Vincent for the purchase of a certain property. The market price for the property subsequently collapsed. The board of Big Hopes Pity Ltd, learning of the contract, expressed their disapproval to Paul and claimed that the company was not bound by the contract.Vincent seeks your advice as to his legal position. Issue: Is the company bound by the contract with Vincent? Relevant law: Constructive notice, Turned, and s. 129(2)(a) and (b), s. 29(5) (6) CA 2001 , Actual authority and Apparent authority. Application: Under the old principle of constructive notice, the constitution of public companies are made available for public inspection and therefore, the public are deemed well aware of the limitations on the authority of the companies' principle will not apply here a s Big Hopes is a private officers. This old company.Furthermore, under the common law Turnaround's case, any outsiders with companies can assume that the persons with whom they are with have the authority to contract on behalf of the companies and all proceedings have been complied with. Dealing internal In this case, the constitution of Big Hopes states that a MD should be appointed but did not state that Paul has been properly appointed as the MD. Vincent can argue that he assume that Paul has been appointed as the as per the Turnaround's case and therefore, has the authority to contract on behalf of the company.He also has no actual knowledge or suspicion that Vincent has not been properly appointed (Note: In test/exam, if there are any circumstances that arouse suspicion, argue using the case of Nonresident Developments). The principle of constructive notice has also been abolished by s. 130(1) of CA 2001. In dealing with companies, outsiders are entitled to make certain assumpt ions contained in s. 129 of ACACIA as per s. 128(1) of ACACIA. In this instance, Vincent can argue that he has been empowered by s. 128(1) to make certain s. 129 assumptions when contracting with Paul from Big Hopes. Reticular, he can assume under and (b) that Paul has been properly appointed as the MD of Big Hopes and can therefore exercise all the customary duties of a MD which include entering into contracts on behalf of Hopes. In this essence, Vincent can assume that Paul has actual implied authority to enter into contracts on behalf of Big Hopes. Note: In test/exam, if question requires arguing on apparent/ostensible authority, use the case of Freeman Locker to support your argument). Vincent can also argue either s. 129(5) or (6) depending on whether Big Hopes execute contracts by way of seal or without seal.Either way, Vincent can argue that Paul has complied with all the internal proceedings when executing the contract with/without seal (e. G. Proper meeting, quorum, fixatio n of seal, witnessing of fixation et cetera) under either of these two sections. The exceptions under s. 128(4) CA 2001 will not apply to Vincent as he has ever known or suspected that Paul has not been properly appointed and the contract has not been properly executed. Conclusion:Big Hopes is bound by the contract with Vincent under both common law (as per Turnaround's case whereby entitled to make certain s. 29 assumptions again, there is no evidence suggesting any when dealing with Big Hopes and exceptions under s. 128(4) that will rebut the s. 129 assumptions made by Vincent. Tutorial 4 Q. Maria is keen to purchase shares in Action Ltd. , but is unable to raise sufficient funds to do so. It is suggested that the company lend Maria the sum of $50,000 to enable her to complete the purchase. The directors of Action Ltd. Seek your advice as to this proposal. Issue: Can Action Ltd lend Maria the sum of $50,000? Is this considered as financial assistance?Relevant law: s. AAA(1) CA 200 1, ASIA v Adler. Application: Under s. AAA(1), a company may only financially assist a person if it (a) does not materially prejudice the interests of its shareholders and affect its ability to pay its creditors, (b) must be approved by all shareholders, and (c) exempted by s. CHIC. Therefore, before Action Ltd lends the $50,000 to Maria, it must ensure that it has comply with all the requirements in s. AAA(1). Otherwise, Action Ltd will be breaching s. AAA(1) as per the case of ASIA v Adler. In ASIA v Adler, Mr..Adler the director in HI has utilized the money of HI to financially assist his personal company PEE to purchase the shares in HI when HI was already in financial difficulty and without the approval of the shareholders. The court deemed this to be a contravention of s. AAA(1). Requirements in s. AAA(1). Conclusion:Action Ltd can only financially assist Maria to purchase the shares of Action Ltd if it satisfied all the requirements in s. AAA(1). Otherwise, Action Ltd will be deemed to have contravened s. AAA(1) as per the case of ASIA v Adler.Tutorial 5 Q. An opportunity has arisen to purchase land for development at Christmas Hills. The shareholders of Central Developments Ltd. Passed a resolution that the company purchases the land. However, the directors have ignored the resolution and refuse to act on it. Are the directors bound to implement the shareholders' resolution? Issue: Are the directors of Central Developments bound by the shareholders' resolution to purchase the land at Christmas Hills? Relevant law: Separation of ownership and management powers, Automatic Self- Cleansing, John Shaw.Application: Under the principle of separation of ownership and management powers, the management of the company is vested fully in the board of directors despite the shareholders owning the company. Therefore, the shareholders cannot pass resolutions instructing the directors on how to manage the company. According to the cases of Automatic Self-cleansing and John Shaw, the directors as long as acting within the management powers bequeathed on them by the company's constitution have absolute power in managing the company and the shareholders have no rights to interfere in this as per the company's constitution.In this event, the directors of Central Developments can ignore the resolution of the shareholders to purchase the land at Christmas Hills because purchasing of land can be considered as a type of management power and only the Conclusion: The directors of Central Developments can ignore the resolution of the shareholders to purchase the land at Christmas Hills because the directors have absolute power to manage the company including whether to purchase the land as per the principle of separation of ownership and management powers and the cases of Automatic Self-cleansing and John Shaw.Tutorial 6 IQ. Seven Dwarves Ltd operates nursing homes. Its directors are Sleepy, Grumpy and Dopey. They hold 30% of the shares in the company. The directors allocate 1 million new shares to certain business associates. This has upset certain shareholders who claim that the placement was made with a view to preventing a future takeover offer being made. The directors claim that the allotment was made to raise cash required for the company's future needs. Advise the shareholders.Issue: Advise the shareholders whether the directors have breached any of their director's duties by allocating 1 million new shares to certain business associates? Relevant law: s. 181 CA 2001 â€Å"proper purpose† (but for test), Whitehorse v Carlton, Howard Smith. Application: Under s. 181 CA 2001, directors must act in good faith, in the best interest of the shareholders and for a proper purpose. The shareholders in claimed that the directors have issued 1 million new shares to Seven Dwarves certain business associates to defeat a takeover and therefore, the issuing of these new shares is for an improper purpose.To determine whether the issui ng of new shares is for an improper purpose (I. E. To defeat a takeover), the but for test will be applied. But for to defeat a future takeover, will the directors issue the 1 million new shares? † (Note: Students must reason and argue on this question to reach an answer, either Yes/No). If the but for test reveals that no, if not to defeat a takeover, the directors will not issue the new shares, then obviously the reason for issuing shares is to defeat a takeover. He to prevent the wife from having majority control over the business and in the case of Howard Smith, whereby new shares were issued to prevent future takeover, the court ruled that the issuing of new shares in these cases was for improper purpose. Therefore, the directors have breached s. 181 because their purpose in issuing the 1 million new shares to certain business associates is to defeat a future takeover which is considered as improper as per the two cases discussed above. Conclusion: The directors of Seven Dwarves have breached s. 81 because they have issued cases new shares for an improper purpose (I. E. To defeat a takeover) as per the of Whitehorse v Carlton and Howard Smith. Tutorial 7 (This question is not taken out from the tutorial questions but you can still use it as a reference for answering questions from this tutorial) Sam and Pete are the erectors in BBC Pity Ltd. They have decided to use the 1 million dollars in the company's bank account to invest in the shares of DEAF Ltd after doing all the necessary research and making all the necessary inquiries by themselves from the Internet and financial Journals and magazines.Six months after the investment, the World Financial Crisis occurs and DEAF Ltd goes into liquidation causing BBC Pity Ltd to lose its 1 million dollars investment. Do the shareholders of BBC Pity Ltd have a course of action against Sam and Pete? Issue: Do the shareholders of BBC have a course of action against Sam and Pete for asking an investment that cau sed the company to lose 1 million dollars? Relevant law: Old subjective common law standard, Re Cardiff Bank, Re City Equitable Fire Insurance, Daniels v Anderson (objective standard), s. 80(1) and s. 180(2) CA 2001. Application: Under the old common law, a subjective standard is applied to directors when exercising their duty of care towards their companies. In both the case of Re Cardiff Bank and Re City Equitable Fire Insurance, the subjective standard is applied whereby directors were only required to exercise duty of care as per their personal level f skill and experience. However, this approach has been overruled by the modern objective standard landmarks in the case of Daniels v Anderson.In this case, all directors are expected to exercise a duty of care that any other reasonable directors will apply in the same position and circumstance and not according to their personal level of skill and experience. This standard is further illustrated in 180(1) CA 2001 which states that directors must exercise their power with degree of care that any reasonable directors would exercise in the same circumstances, position and responsibilities. In this event, if the shareholders of BBC are able to establish that any other Sam and Pete would be breaching their duty of care towards BBC under 180(1).However, Sam and Pete will be able to raise the Business Judgment Rule Defense (BBC) in s. 180(2) CA 2001. In order for them to raise the BBC, they must satisfy four elements; (1) They have made the business Judgment in good faith and for a proper purpose – there is no evidence that Sam and Pete have ill intentions when making the investment, (2) They have no material personal interest in the business Judgment – again, there is no evidence that Sam andPete have gained any benefits financial or non-financial wise from the investment, (3) They have informed themselves of the subject matter of the business Judgment – there is evidence that Sam and Pete have done all the necessary research including online and from Journals and magazines, and (4) Any other reasonable person in the same position and circumstances would have made the same investment as they did after doing all the research – Sam and Pete must be able to prove so. If Sam and Pete are able to establish all the elements in s. 180(2), then they will be able to use the BBC to defend themselves from breaching s. 0(1). Conclusion: The shareholders of BBC will have a course of action against Sam and Pete if they can prove that no reasonable director will invest the 1 million dollars in DEAF and therefore, in doing so, Sam and Pete have breached their duty of care to the company under s. 180(1). However, if Sam and Pete can establish all the elements under s. 180(2), then they will be able to use the BBC to defend themselves from breaching s. 180(1). Tutorial 8 (These questions are not taken out from the tutorial questions but you can a shareholder in EX. Pity Ltd.

My Key Point For Success - 1299 Words

Success is defined as the accomplishment of an aim or purpose. There is different techniques people use to make sure they reach success. I have read some stories that all have dealt with someone aiming for success. The stories I read are A Right To Choose Single-Sex Education, Next Term, We’ll Mash You, Raising Smart Kids, A Walk To The Jetty, and ILE. There are four techniques I use to be successful. The first is knowing my strengths and weaknesses. The second thing I do to reach success is focusing on myself and not on others or what is going on around me. Another technique for myself to be successful is to keep in mind what I really want and working towards my goals. My last key point for success is working hard to make my own money.†¦show more content†¦I show what and how much I actually know when I am either by myself or with all girls. I can’t choose who I have class with but I use this strength to better my weakness. I still try my best whether there is all boys or all girls in my class. Another thing to reach success is to focus on myself and not what is going on around me. When I was younger I only cared to hang out with friends. School was not important to me, mainly because everything felt too hard for me. Even though I have brothers, they weren’t much of a help when it came to school. The story The Secret To Raising Smart Kids by Carol S. Dweck talked about two different mindsets people can have. One of them was a growth mindset and the other was a fixed mindset. To have a growth mindset is to know that your intelligence can be molded. To have a fixed mindset is to believe intelligence is something you are born with. I was always a students with a fixed mindset. â€Å"They thought that a person with talent or intelligence did not need to work hard to do well. Attributing a bad grade to their own lack of ability, those with a fixed mindset said that they would study less in the future, try never to take that subject again and consider cheating on future tests.† (lines 120-124 pg. 24) This quote says that a person with a fixed mindset would put themselves down my saying that other students don’t need to do as much work as they did. It also says that they would giveShow MoreRelatedEssay On Grit Speech1341 Words   |  6 Pagesconcluded that grittier students were most likely to succeed in school. Duckworth use these experiences to engage the audience, and to explained that grit is what will help you to success in life. After watching the TED talk now I have a different point of view of how you can success in life. The most important component to success in life is Grit which is passion and perseverance for very long-term goals. Grit is having stamina. Grit is sticking with your future, day in, day out, not just for the weekRead MoreSwot : Strengths And Potential Hedgehogs1170 Words   |  5 PagesStrengths are the key factors that brand someone as efficient or better on some points such as skills and abilities. Hedgehogs are the factors that may be identified as obstacles that limit the success and opportunities for an individual. The essay will present the key strengths and potential hedgehogs that I might have and encounter throughout my life. Through some feedback from my friends and others, I learned some of the potential hedgehogs that I may face and those that limit my success. The analysisRead MoreCompetitive Advantage Of A Competitive991 Words   |  4 Pagesadvantage. There are ways that aid a business in reaching the levels of success. With the competitive analysis you have five areas that have to be analyzed in order to be competitive. Being able to be competitive within the industry is a key element. Since it is overloaded with larger firms it will be vital to lock in on services that the larger firms find not to be important to success. I feel that one of my secrets will be utilizing my creativity within the marketing, finding lenders, offering thatRead MoreWhy I Don t Be A Talented871 Words   |  4 Pagesstudent success, basically it’s based upon how students perceive themselves by the praise of their instructors. Though some can disagree with the type of motivational mindset students can develop. Both mindset and habits of mind give concrete evidence to give the insight how the key to student success is by showing determination perseverance â€Å"grit†, can go a long way to better effort towards ones future. To briefly summarize what the article â€Å"Brainology† describes of what student success is strivedRead MoreWhat Little Free Time College Has Left Me1154 Words   |  5 Pages My personal learning style is a mixture between reading and writing (10), and aural (9), which the VARK test classifies as multimodal. This actually surprised me because I am more of a right brained person according to the test (~65%), and reading and writing are more left brained functions. Personally, I revel in reading and writing in the creative sense. In what little free time college has left me, I read books, blogs, and write short stories for my friends. This applied to my learning is slightlyRead MoreSummary : Be A Good Negotiator1272 Words   |  6 PagesSummary of Be a Good Negotiator: Pocket Guide to Success â€Å"I will give you some of what you want in exchange for some of what I want†. As the above excerpt suggests, this guide suggests that the correct approach to negotiation is to treat it as a trade. The author identifies two types of negotiation: 1.) Transaction (which represents the win/lose paradigm – very much evocative of the distributive negotiation method that is referred to in our reading, Strategies and Tactics of Distributive Bargaining);Read MoreEnglish 101 Grit1208 Words   |  5 Pagescan be key to one’s success in college completion, I do believe that it is the backbone to many other traits and outside influences important to succeed in college. In the case of Donna Beegle’s Story, I think that Duckworth’s theory would be only somewhat useful to understand her success. In the article, â€Å"An Insider’s Perspective: The Donna Beegle Story,† Beegle tells her experience of overcoming extreme poverty and beating all odds and achieving a doctorate. During her road to success, BeegleRead MoreWhy Building Self Confidence Is Vital1298 Words   |  6 Pagesis something either one has or lacks, but can always be accomplished over time. Self-confidence can loosely be defined as the capability of a person to have assurance in his or her aptitudes and capability. Self-confidence is the key to triumph, or the first step to success and happiness. Possessing self-confidence can help to give wings to soar and develop a high level of passion, joy, optimism and understanding within the individual. It gives the credence that one can challenge the world and paveRead MoreOperational Overview Of Southwest Airlines881 Words   |  4 PagesOperational Overview Southwest Airlines is a passenger airline company that arranges and provides scheduled flights for passenger and transportation freight services. The company mainly provides, low-fare, point-to-point services all over the US and near-international markets. The headquarters is located in Dallas, Texas and as of December 2014, the company employed over 46,278 people. The company was founded by Rollin King and Herb Kelleher in 1971. Southwest was the first airline to introduceRead MoreThe On The Path Of Success857 Words   |  4 PagesA single key can open the door to many opportunities in life. Whether it is the keys to a new apartment, or the key to someone’s heart, all of these things are different achievements that foreshow that someone is on the right track to a successful life. The main key to being successful in life is based on execution and the environment someone is in as well. But of course there are many other factors that to lead to the path of success, and the onl y to know what those elements are is to continue

In what ways does ones race/ethnicity shape ones...

Our lives are shaped by who we are and what we are and where we come from. What race or ethnic group we belong to determines our life chances in contemporary society. Ethnicity is the cultural background of a group of people who share a belief in common ancestry. According to Max Weber, ethnic groups are formed by colonisation and immigration. Ethnicity is something we all have but in Australia and in many parts of the world, ethnicity is often applied on minority groups to highlight dominant groups of people on the bases of physical appearance, race, origins or culture. Being part of a dominant group provides prestige, power and control over the running of societies. The term ethnic comes from ancient Greek to mean gentile or non†¦show more content†¦An example of this is how estate agents in America deliberately encourage individuals to certain neighbourhood to reflect their ethnicity. The third form of discrimination in the housing sector is state racism. An example of state racism is the segregation tax in America. African American homes are valued 30 per cent less per every dollar compared to White American homes. This is known as the segregation tax (Summit on Racism: 2005). These three forms of discrimination usually occur together demonstrating that the issue of race and ethnicity determines ones life opportunities and how people and their property are valued by local and private agencies. This is evident in other areas like health and social services. Aboriginal health in Australia for example is consisted shocking and at the level of a Third World nation in a First World country (Siewert: 2006). Government policies have always been discriminatory whether rightfully or wrongfully, it has widened the gap between Aborigines and other Australian (Hughes 2007:181). The Aboriginal life expectancy is 21 years less for men and 19 years less for women compared to non-Aborigines (Henry et al 2004:517). Suicide rates among Aborigines were unknownShow MoreRelatedSocial Stratification2712 Words   |  11 PagesSocial Stratification A. What is Social Stratification? 1. Social stratification is defined as a system by which society ranks categories of people in a hierarchy a. There are four fundamental principles of stratification: †¢ Social stratification is a characteristic of society -- not just due to individual differences †¢ Social stratification persists over generations †¢ Yet, most societies allow some sort of social mobility or changes in people s position in a system of social stratificationRead MoreEthnic Differences Between The United Kingdom And America3747 Words   |  15 Pagesresearchers presume that race and ethnicity are a biological or a social characteristic. To overcome this problem, throughout this paper, I will use the term ‘racial or ethnic minority’ to refer to any group of people who are exposed to unfavourable treatment because of their ‘national origins, shared social histories, or religion’ as outlined in the works of Bartley (2004: 151). Until recent years there has not been a huge amount of literature exploring the patterns between ethnicity and health statusRead MoreS New Zealand/Aotearoa a Classless Society?4186 Words   |  17 PagesIntroduction to Sociology and Community Development CSTU 5110-2167 Lecturer: Dr Denys Delany ESSAY IS NEW ZEALAND/AOTEAROA A CLASSLESS SOCIETY? DISCUSS – IF SO WHAT DEFINES THIS STRUCTURE? – IF NOT WHAT IS THE MAIN BASIS OF SOCIAL STRATIFICATION IN NEW ZEALAND/AOTEAROA? Due date: 13th April 2007 Student Name: Ali Rankin Student ID: 1282990 Email: (ali_rankin@hotmail.com) Address: 49 Alfriston Road, ManurewaRead More Politics, Power, and Purpose in Shakespeares Measure for Measure6619 Words   |  27 Pagesconfesses That his blood flows, or that his appetite Is more to bread than stone. Hence shall we see If power change purpose, what our seemers be. (1.3.5-54) My subject is how power changes--or at least influences--purpose. But the purpose in question is not, as in the play, the government of a city or of a state, nor even (as in the case of Angelo) the government of ones psychological and physical appetites, but the creation of a work of art, of a theatrical performance. Talking about AngeloRead MoreCurriculum Development10775 Words   |  44 Pages The Professional Teacher Defining what it means to be professional is problematic. However one characteristic of gaining professional status is the requirement of a period of specialised training. For teachers in the Lifelong Learning Sector (LLS), the requirement to undergo any form of training has a troubled history. Less than ten years ago, Hall Marsh noted the following: â€Å"There is much evidence that the role and status of teachers in society has diminished over the years, and the moveRead MoreTracing Theoretical Approaches to Crime and Social Control: from Functionalism to Postmodernism16559 Words   |  67 Pages...................... 60-62 ABSTRACT This thesis engages in secondary analysis, and is designed to inform the reader of misconceptions associated with how we come to understand crime and the criminal within modern westernized capitalistic society. Typically the majority of persons tend to blame the criminal for his or her committed crimes. However, many social theorists view crime and the notion of the criminal to be products of the institutional structures and cultural values that enforceRead MoreEconomic Growth And Development Of Development6644 Words   |  27 Pagescurrent witnessing with a view to proposing directions for future development. As I do these, I will examine the of this importance development for Africa. Development can be seen as the study of the causes and consequences of economic change in society. Development can mean different things to different people depending on the lens used in viewing it. It was seen as part of the geopolitical project to lure newly independent countries of the world away from communism to capitalist orientation ofRead MoreDance 101 Study Guide 2 Essay7099 Words   |  29 Pagesaudience. 2.1.2 What were the Follies and how did they include the different ethnic minorities present in America. The include other cultures in the show by telling jokes to the audience. There were several culture mentioned in the jokes, such as Irish jokes, Italian jokes, and Jewish jokes. 2.1.3 A Follies ‘girl’ had to have a ‘regular profile’, and most were six feet tall. If a Follies girl is the ideal American girl, who is excluded from the image of ideal America? Mostly others race, such as AsianRead More Racism in the Criminal Justice System Essay6900 Words   |  28 PagesRacism in police treatment of minorities has created great disparities in incarceration amongst the races. Blatant cases of racist law enforcement that are covered in the  news are a testament to the fact that racism within police departments exists from coast to coast. However, these are only the cases that people find out about; there are countless other cases of police racism and brutality that are not reported. A series of reports that have been published in the last few years have shown thatRead MoreSociology Essay20437 Words   |  82 Pagescopyright  © material is reproduced under Class Licence No. CO1 W 0000195 with the permission of the Controller of HMSO and the Queen’s Printer for Scotland; Guardian News and Media Ltd for extracts from Ros Taylor, ‘Classes in non-traditional family life proposed by government’, The Guardian, 12.05.00. Copyright  © Guardian News Media Ltd 2000; Will Woodward, ‘Testing †¦ testing †¦ testing’, The Guardian 20.05.00. Copyright  © Guardian News Media Ltd 2000; ‘Adoption boost for gay couples’, guardian