An Abusive Relationship Of The Scarlet Letter - 1348 Words

Divorce. If you have left an abusive marriage you are either headed in this direction or are there now. The scarlet letter â€Å"D† is one many do not foresee being attached to their name. It was not a word I ever expected to find attached to mine. Ever. In fact, had you asked me in my younger years if I believed I would ever wear the title of divorcee you would have received a loud resounding no. I would never be one of â€Å"those† people. That would have honestly been my answer. Truly. Taking the step to leave an abusive relationship takes great amounts of courage. Walking away from the aspects of financial security, family for your children, stability (what little may exist), your home and so forth is not an easy decision to make. You make a choice, take that first scary step and trust that if you fall, the pain will be less than the pain you have been experiencing. Oftentimes the pain is not less and in fact, ends up worse than what you left behind. For a woman with children, when the choice is made to leave, there is the new responsibility of solely being the provider for her children in every way possible. Food, shelter, clothing, school needs, all fall on that mama who has chosen to protect her children from the wolf who longs to devour. You see, when you leave an abuser, there is no financial support. There is no co-parenting. There is no concern on the part of the abuser for those children. There is only the need to win. The need to take down the woman whoShow MoreRelatedSocietal Pressure On Love As A Result Of Society s Own Fear1731 Words   |  7 Pagesthe fact that The God of Small Things and The Scarlet Letter were written by different authors and centuries apart, the idea of forbidden love is a central theme that guides not only the plot throughout the novel, but the characters actions as well. In Roy s, The God of Small Things, Ammu is caught in between society s and her family s expectations of her and her desire to be with Velutha and escape her confined life. Meanwhile, in The Scarlet Letter, Hawthorne s Hester relinquished Puritan dutiesRead More`` Sin, Knowledge, And The Human Condition847 Words   |  4 PagesHester’s relationship with her husband and with her adulterous lover, reflect a mirr or image of my platonic/romantic relationships. For example, the relationship I have had with my mother is a perfect depiction. From the beginning, there was no real love, nurture, or growth. My mother; like Roger Chillingworth, is incapable of exhibiting real love and nurture. My mother’s mental illness causes her to be cold, stoic, manipulative, and self-absorbed. As a child, my mother was emotionally abusive. (AndRead MoreCase Analysis : Hester Prynne1083 Words   |  5 Pagesman named Roger Chillingworth. She expressed that she loved him; however, she felt that he did not love her. She conveyed that he was a selfish man, and was emotionally unavailable (SparkNotes Editors, 2003). She expressed that he was emotionally abusive, and would ignore her the majority of the time. She specified that shortly after being married, she and her new husband set off to America (specifically Boston). She disclosed that she made it to America, but that her husband did not. She expressedRead More`` Sin, Knowledge, And The Human Condition Essay963 Words   |  4 PagesHester’s relationship with her husband and with her adulterous lover, reflect a mirror image of my platonic/romantic relationships. For example, the relationship I have had with my mother is a perfect depiction. From the beginning, there was no real love, nurture, or growth. My mother; like Roger Chillingworth, is incapable of exhibiting real love and nurture. My mother’s mental illness causes her to be cold, stoic, manipulative, and self-absorbed. As a child, my mother was emotionally abusive. (AndRead MoreThe Scarlet Letter : The Puritan Society And The Past Present Relationship Essay2256 Words   |  10 PagesThe Scarlet Letter envisions the Puritan society and the past-present relationship: â€Å"†¦Nathaniel Hawthorne s The Scarlet Letter was an instant success because it handled spiritual and moral issues from a uniquely American point of view. Lewis notes that the novel was originally charged with perpetrating bad morals , even though Hawthorne could not have handled the material more carefully , reiterating the sentiment that sexual urges lead to immortality and moral decay...† (WomackRead MoreAnalysis Of Hester s The Scarlet Letter 1874 Words   |  8 Pagesâ€Å"normality,† a lack of illness, which by all means is a gift, the beauty of one mind takes away from the beauty of an outlier, even though, ironically people may not even recognize their differences. Hester, at a glance suffers from a literal scarlet letter, but an imprint on her brain may exist as well. Irrational actions, sudden emotional episodes, and destructive thoughts can only prevail for so long following sin; Hester’s persona has branches of self-defeating personality disorder, schizophreniaRead More Characters versus Community in O Pioneers! by Willa Cather Essay1323 Words   |  6 PagesCharacters versus Community in O Pioneers! by Willa Cather In the novel O Pioneers! the author Willa Cather?s vision of Alexandra Bergson is consistent in character treatment with other authors such as Nathaniel Hawthorne (Scarlet Letter), and Stephan Crane (Maggie: A Girl of the Streets). In each novel, all authors possess a central character that has an obvious tension between themselves and their community. Unlike the previous authors, Cather?s sympathies lie toward Alexandra. She makesRead MorePublic Shaming1468 Words   |  6 Pageswith crime. Why, then, the resurgence of public shaming, namely the mainstream acceptance of the â€Å"dox,† which, in its purest form, is the digging up of a target’s personal information—name, phone number, address, Social Security number, familial relationships, financial history—and exposing it online to encourage harassment from others? This practice has gradually been popularized by Anonymous, the amorphous collective of trolls and â€Å"hacktivists† that altern ately terrorize tween girls and disable governmentRead MoreRelationships Make Us Do Crazy Things1753 Words   |  8 PagesLove Relationships make us do crazy things. The love that lies within relationships has led many people to do irrational, erratic, erroneous, and unstable acts. People have killed, cheated, broken people’s hearts, ruined others lives, and ruined their own. Love is a rose. At first glance, and if treated properly, it would look beautiful and romantic. However, when you get down to the roots of it, pain stems and hurts you deeply, as the thorns pierce your skin. If you treat it properly, cherishRead MoreSex Offender Industry1242 Words   |  5 Pagescrimes, known as tiers. A Tier III sex offender is the most serious classification, in which these sex offenders are convicted of an offense that is punishable more than one year in prison and consist of aggravated sexual abuse, sexual abuse, or abusive sexual contact against a minor under age 13; Also involves kidnapping a minor, unless the actor is a parent or guardian; or occurs after the offender became a Tier II sex offender. A Tie r III sex offender must register for life, unless he is a juvenile

Essay about The Search For Happiness in Jon Krakauers...

Chris McCandless was a very unique individual. In Jon Krakauer’s book, Into the Wild, he tries his best to make sense of McCandless’ journey to the Alaskan wilderness. However, he never really figured out what McCandless’ purpose of the trip was. Looking at McCandless’ life throughout the book, I believe that Chris McCandless went on his journey to find happiness within his own life and did achieve it in the end. Throughout his adolescent to young adult years it was very clear that Chris had an attachment to the wild. In chapter 11, as Walt reminisces about Chris and their family camp trips he reflects, â€Å"‘Chris loved those trips, the longer the better . . .’†(108). Even at a very young age, Chris had a fascination about living within†¦show more content†¦Again we see Chris’ love for nature in chapter 12 when he takes a trip to Fairbanks, Alaska, as Krakauer states, â€Å". . . but he had been smitten by the vastness of the land, by the ghostly hue of the glaciers, by the pellucid subartic sky,† (124). Chris’ trip to Fairbanks can explain why he chose Alaska as his final destination, it was it’s profound beauty that captured Chris almost into a trance that made him go back. As Chris breathed his last breath, he was finally able to find his inner happiness through the Alaskan wilderness. In chapter 18, Krakauer notes about Chris’ final photo of himself, describing Chris as, â€Å"[he] was at peace, serene as a monk gone to God,† (199). The way he was described in this picture shows that Chris has in fact found the happiness that he was looking for and was able to leave this earth in peace. Then again, in chapter 18, the last words of Chris McCandless wrote, â€Å"I HAVE HAD A HAPPY LIFE AND THANK THE LORD.GOODBYE AND MAY GOD BLESS ALL,†(199). Although he was in severe pain, from starvation, he was still able to find the bright side of things. He was able to die in the one place that he had desired to be at. As Chris ventures into the Alaskan wild he was able to find the happiness he was longing for. It was a type of happiness that he could only experience when he was with nature as seen throughout his life. As he laid in his death bed, he never spoke about any regrets he had,Show MoreRelatedInto The Wild By Jon Krakauer1128 Words   |  5 PagesInto the Wild Jon Krakauer’s compelling novel, â€Å"Into the Wild† is a true story about Christopher McCandless’ search for identity. McCandless was enamored in the idea of escaping a life that revolves around material possessions. The non-fiction treatment of this young life illustrates through the rebuilding of events in McCandless’ life the idea that McCandless seemed obsessed with how people appeared blind to the fact that they were living unhappy lives yet were terrified of giving up that lifeRead MoreInto the Wild by Chris McCandless710 Words   |  3 PagesThere are an infinite amount of unique responses to the question â€Å"What is the meaning of life?†. However, the majority of people will agree that the true meaning of life is to find happiness and what is really important to one’s self. In Jon Krakauer’s, Into The Wild, Chris McCandless conveys this idealism through his life’s journey as he bravely defies all limitations. Chris McCandless isolates himself from society in his Alaskan Odyssey as a way to defy accepted expectations and to begin discoveringRead More Into the Wild Essay1386 Words   |  6 Pagesacross the country to Alaska. He gave $25,000 of his savings to charity, left his car and nearly all of his possessions. He burned all the cash he had in his wallet, and created a new life. Four months later, his body was found in an abandoned bus. Jon Krakauer constructed a journalistic account of McCandless’s story. Bordering on obsession, Krakauer looks for the clues to the mystery that is Chris McCandless. What he finds is the intense pull of the wilderness on our imagination, the appeal of high-riskRead MoreInto The Wild By Jon Krakauer1856 Words   |  8 PagesInto the Wild by Jon Krakauer 1. Who was the most compelling character? Why? What conflicts did this character face? How did the author develop this character? Include one or two supporting quotations with page number or e-book location cited in parentheses after the quotation. Jon Krakauer’s odyssey Into the Wild follows Christopher McCandless through his last year of his life traversing the North American frontier. As a biography based on McCandless’ journals and interviews, much of the detailsRead MoreTranscendentalist Mccandless Essay1021 Words   |  5 Pagesnon-conformist, becoming one with nature, and rejecting materialism. Throughout Jon Krakauer’s novel, Into The Wild, McCandless happens to achieve all of the above. â€Å"Whoso would be a man, must be a non-conformist† (Emerson). He defied society, lived in the wild, and never cared about â€Å"things†. He existed off the land in Alaska, the west coast, and even Mexico. McCandless did not want anything else in life but happiness; he found this in the wilderness. As Emerson states in Self-Reliance, â€Å"societyRead MoreInto The Wild By Jon Krakauer3297 Words   |  14 PagesInto the Wild – RRS Title: Into the Wild Author: Jon Krakauer Publication Date: 1996 Nationality: American Author’s Birth/Death Date: April 12, 1954 – present Distinguishing Traits of Author: Jon Krakauer is an American writer known for his writings about the great outdoors. After being introduced to mountaineering as a child, Krakauer devoted much of his life to mountain climbing, leading up to his 1996 expedition to Mt. Everest. In his Into Thin Air, Krakauer recounts the dangerous journeyRead MoreInto The Wild By Jon Krakauer4187 Words   |  17 PagesInto the Wild – RRS Title: Into the Wild Publication Date: 1996 Author: Jon Krakauer Nationality: American Author’s Birth/Death Date: April 12, 1954 – Present Distinguishing Traits of the Author: Jon Krakauer is an American mountaineer before a writer. His passion for literature arose indirectly from a series of analyses he wrote for magazines regarding his daring exploits. Many of his works reflect his multiplex feelings regarding the topic of exploration and the dangers associated

Book Analysis of Oliver Twist Free Essays

1. The title of this novel is Oliver Twist and it was written by Charles Dickens. It was first published in Nov. We will write a custom essay sample on Book Analysis of Oliver Twist or any similar topic only for you Order Now of 1838. 2. Main Characters: First of the main characters is, of course, Oliver Twist. He was born in a parish workhouse where his mother died during the birth. A lady named Sally was present while he was born and when his mom died, she took from his mom a ring and a locket. Then he was sent to an infant farm until he was 9 years old when he was put back into the workhouse. There the orphans are mistreated and starved and when he asked for more food at super he was branded a troublemaker and they offered him to be apprenticed by anyone who wanted him. He was then apprenticed by an undertaker, but he ran away to London because he fought with the undertaker’s son who mocked his mother’s death and was beaten for fighting. There in London he lives on the streets until a boy gives him a place to stay. When he goes he is thrown into a band of thieves under a man named Fagin. He doesn’t like the crime of steeling that he witnesses and is falsely accused of. He is taken in by the victim of the theft who treats him well and cares for him until Oliver is kidnapped and delivered back to Fagin. There are many more unfortunate events in his life, but in the end it turns out good for Oliver. I believe Dickens wrote the story to show that the environment that people live in can turn them into criminals instead of the belief that people are just born that way. Oliver shows this because his environment was always trying to turn him bad, but one could clearly see that he didn’t want to be a criminal and did not agree with the lifestyle and in the end he never became one. The other main character in the book is Fagin. It is rumored that Charles Dickens was anti Semitic because of this character, but those claims are untrue. This was because Fagin was referred to as â€Å"the Jew† and many of his features were that he was ugly due to many stereotypes of the way Jewish people look. Anyway, in the book this man is a terrible person who manipulated people for his own gain, mostly for money. In the story he was always trying to manipulate Oliver into becoming one of his thieves like the rest of the children he took off of the street. I believe that out of all the characters within this book, Fagin has to be the worst of them all because of how he corrupted the minds of the children to do his dirty work. I believe that he represents what is wrong with society and he himself is influenced by his environment because he isn’t very educated and poor so the only way to get money, in his mind, is to steel it. 3. The setting of this novel was during the early nineteenth century in England. In this time the industrial revolution was taking place which caused many to move to the cities causing crowding and many people became poor and lived on the streets. There were more advancements in technology at this time and also religious uncertainty began amongst the people as well. With these aspects combined many poorer people turned to crime in order to survive. This is why Oliver Twist was thrown into the events throughout this novel. 4. This novel is about a young boy who was orphaned at birth and ran away from a workhouse to London England. There he lived on the streets until a man named Fagin took him in and tried to turn him into a criminal. Oliver resisted and got away from Fagin with the help of good people who he met throughout the story. 5. The most important conflict in the book was how the environment of living on the streets which turned many people to thievery put its influence on Oliver Twist. This conflict goes on throughout the entire novel and Oliver never allows his surroundings to influence the way he will live his life. 6. â€Å"When the boy is worth a hundred pounds to me, am I to lose what chance threw me in the way of getting safely, through the whims of a drunken gang that I could whistle away the lives of! And me bound, too, to a born devil, that only wants the will and has the power† This is a quote of Fagin and I chose it because it shows what kind of person he really is. One can see how far he goes with his greed and the way in which he uses people for his own gain when reading this statement he makes. â€Å"†¦as Oliver looked out of the parlor window, and saw the Jew roll [his old clothes] up in his bag and walk away, he felt quite delighted to think that they were safely gone, and that there was now no possible danger of his ever being able to wear them again. They were sad rags, to tell the truth; and Oliver had never had a new suit before. † This passage is important because it gives an insight to the character of Oliver Twist. Ever since he was born he has been labeled and ridiculed for the clothes that he wears and this passage shows that the chance to choose his own clothing is extremely important to Oliver. 7. The point of view of this novel was told through third person; an anonymous narrator. This allows the reader to get different perspectives of events through more than one character. . A theme that Dickens has in this novel is the affects that a social environment has on people’s morals. He shows this by describing the way in which people live on the streets; turning to crime to survive. In the book Dickens shows that the environment people live in doesn’t corrupt a person entirely because he shows that criminals within the story still have a conscience and Oliver’s morals are never corrupted throughou t the entire novel which goes against what many believe. Another idea that he puts forward in the novel is how government run charities for poor people doesn’t work. On the contrary it makes these people dependent on the government and they never are able to gain their independence and break free from the government’s hold. 9. This book reveals that the time period that Dickens lived in was one full of struggles and he questioned many aspects life such as capitalism, which in his opinion leaves people out to dry so to say, charity, and the effects that the environment has on people’s morals. How to cite Book Analysis of Oliver Twist, Papers

Company Law Assignment free essay sample

Criminal Act 2001 (Cth) Code Act 1995 (Cth) Carrying Co Ltd v Asiatic Petroleum Co Ltd [1915] AC 705 3 Lennards 4 Crimes Act 1914 (Cth) LAWS2301 | Take Home Assignment | Sandy Goh (20806534) PART A (ii) – actions GE can take against Ross and/or FP Action taken against FP Ross breached the clause in his contract by competing with GE while he is employed by it. He can argue that FP is a separate legal entity (s124) from him, and is not bound by the contract he entered into with GE. Ross is a hiding behind FP to avoid legal obligations as shown in Gilford Motor5. As the directing mind and will behind FP, Ross has defrauded GE by making FP compete against GE intentionally, as shown in similar cases Bestobell6 and Re Darby7. In this case, the corporate veil may be lifted under the common law and Ross will be made liable. Action taken against Ross On behalf of GE, Monica is able to impose liability on Ross for breaching his duties owed to GE as a promoter. in the exercise of powers given to them [directors] must, as I conceive, keep within the proper limits. Powers given to them for one purpose cannot be used by them for another and different purpose. To permit such proceedings on the part of directors of companies would be to sanction not the use but the abuse of their powers†. The limits on the exercise of power may be found in the articles of association. However in advance it is not possible to lay down the limits beyond which directors may never pass in exercising a particular power. Every case depends on its own facts. In Hogg v Cramphorn Ltd the subject directors believed that it would not be in the company’s best interests or its staff if there was to be a pending takeover as the change would result in the nature of the company’s trading being unsettling. As a result of this, the directors sought to frustrate the takeover by issuing to the trustees of an employee trust fund 5707 preferences shares, each carrying ten votes. These votes constituted a majority in general meeting in combination with those shares held by friendly interests. Through an interest free loan from the company’s reserve fund, the shares were paid for as well as further money advanced to the trustees to purchase additional preference shares which also came from the reserve fund. From here, a minority shareholder decided to challenge the transactions. It was held that while acting in a manner which they believed to be in the company’s best interests, the transaction was voidable as its primary purpose was to ensure control of the company by the directors and those who they could regard as their supporters and thereby discourage the takeover bid from taking place. Where there is more than one purpose, the court must try to find the dominant purpose behind a power use to determine whether the proper purpose duty has been infringed. In Howard Smith Ltd v Ampol Petroleum Ltd Millers was subject to a takeover offer by Ampol and Howard Smith made a rival offer. Ampol and its associated company, Bulkships, rejected the offer and stated that they intended to act jointly in relation to the future operation’ of Millers. The majority of Millers’ board were in favour of the Howard Smith takeover bid. And to smooth the progress of the bid they agreed to issue enough shares to Howard Smith to reduce Ampol and Bulkships to minority shareholders. Millers did at the time did need to raise some capital and Ampol sought to have the share issue set aside. It was held that in determining whether the duty had been breached, the court had to look at the substantial purpose for which [the power] is exercised, make a conclusion as to whether that purpose was proper or not. In this case it was found that the purpose was simply to reduce the majority voting power held by Ampol and Bulkships to enable a then minority of shareholders to sell their shares more advantageously. The power had therefore been improperly exercised and the share issue was set aside and the share register rectified. However in Condraulics Pty Ltd v Barry amp; Roberts Ltd it was found that the overriding purpose of the share issue was to encourage employee loyalty despite the share issue coinciding with a takeover bid. Hence, in Pine Vale Investments Ltd v McDonnell and East Ltd, the courts upheld a share rights issue to raise finance to take advantage of a genuine favourable opportunity even though this coincided with a takeover announcement. The rights issue even raised the number and value of the company’s shares and discouraged the takeover, but yet the court held that the directors should [not] be reduced to inactivity because of the pendency r that there may be a possible chance of a takeover offer. This decision clearly weakens the traditional approach to the proper purposes doctrine; however its ultimate conclusion may re-establish a close relationship with Howard Smith v Ampol. Acting bona fide in the interests of the company is not an excuse for acting for a dominant improper pur pose, especially where the directors are acting in their own self-interest as in Howard Smith v Ampol. In this case Lord Wilberforce stated â€Å" when a dispute arises whether directors of a company made a particular decision for one purpose or for another he court, is entitled to look at the situation objectively in order to estimate how critical or pressing an alleged requirement may have been. If it finds that a particular requirement, though real, was not urgent, or critical, at the relevant time, it may have reason to doubt, or discount, the assertions of individuals that they acted solely in order to deal with it, particularly when the action they took was unusual or even extreme. † Where there are rival takeover bids the directors must not exercise their powers in such as way as to prevent the members obtaining the best price for their shares. In Heron International Ltd v Lord Grade the use of power was to refuse to register transfers, and in Re a Company the use of power was to provide information. However, where there are competing offers, the directors are not under a duty to recommend and assist the carrying out of the higher offer. Many cases where the question of improper use of a power arises are concerned with directors using their powers to allot shares in order to give votes to their friends and avoid a change in the control of the company. The directors’ power to allot shares is now restricted by the Company Act 2006. Although the directors’ duties when exercising powers has been in relation to the power to allot shares, the duty has been examined in other cases such as the power to borrow and give security as in Rolled Steel v British Steel, the power to make calls on partly paid shares as in Anglo-Universal Bank v Baragnon, the power to determine the terms and conditions on which shares are issued as in Alexander v Automatic Telephone, the power to call general meetings as in Pergamon Press Ltd v Maxwell and power to cause the company to enter into contracts as in Lee Panavision v Lee Lighting. S172 of the Companies Act 2006 expresses what is the central obligation of a director; s172(1) states a director of a company must act in a way he considers, in good faith, would be most likely to promote the success of the company for the benefit of its members as a whole. S172(2) states where or to the extent that the purposes of the company consist of or include purposes other than the benefit of its members, subsection (1) has effect as if the reference to promoting the success of the company for the benefit of its members were to achieving those purposes. S172(3) states the duty imposed by this section has effect subject to any enactment or rule of law requiring directors, in certain circumstances, to consider or act in the interests of creditors of the company. S172 is based on the equitable fiduciary duty which was formulated, in combination with the duty to act within powers by Lord Green MR in Re Smith and Fawcett Ltd. It was said that the directors of a company must act â€Å" bona fide in what they consider not what a court may consider is in the interests of a company, and not for any collateral purpose. † This reflects the way in which the equitable principle was applied. The court does not substitute its own view as to the merit of the decision as Lord Wilberforce said in Howard Smith v Ampol. Also in Regentcrest plc v Cohen Jonathan Parker J stated â€Å" the question is whether the director honestly believed that his act or omission was in the interests of the company no doubt, where it is clear that the act or omission under challenge resulted in substantial detriment to the company, the director will have a hard task persuading the court but that does not detract from the subjective nature of the test. † In the case of JJ Harrison (Properties) v Harrison Chadwick LJ also stated â€Å" he powers to dispose of the company’s property, conferred upon the directors by the articles of association, must be exercised by the directors for the purposes, and in the interests, of the company. † However in Item Software v Fassihi Mr Fassihi was a sales amp; MD of Item and Item distributed software created by Isograph. Fassihi then set up his own business to take over the distribution whilst he was still a director of Item. At the same time, he advised Item to be tough in negotiations for new contract with Isograph, however he did not think about disclosing this breach. It was then put to the test whether an intelligent amp; honest person in his position would have reasonably believed that disclosure was in company’s best interests. Arden LJ stated â€Å" the fundamental duty to which a director is subject, that is the duty to act in what he in good faith considers to be the best interests of his company the duty is expressed in these very general terms it focuses on principle not on the particular words which judges or the legislature have used in any particular case or context If directors of a company have acted without considering the interests of the company, their actions may be considered to have been bona fide in what they considered to be in the interests of the company, but only if it satisfies the objective test as in Chaterbridge Corporation v Lloyds Bank. In this case Pennycuick J formulated the objective test stating â€Å" the proper test must be whether an intelligent and honest man in the position of the director of the com pany concerned, could, in the whole of the existing circumstances, have reasonably believed that the transactions were for the benefit of the company. If it is believed that a director of a company has acted without considering the company’s interests and there is no basis as to why the director could reasonably have seen that the action was in the company’s best interest, the court will find that the director was in breach of duty as seen in Item Software v Fassihi. S172(1) brings in the interests of the company and its members as a separate person by expressing a directors duty in terms of promoting the success of the company for the benefit of its members as a whole. In Mutual Life Insurance v Rank Organisation directors of the Rank Organisation had decided to issue new shares and part of the issue was made available to existing shareholders at a favourable price, but shareholders living in North America were excluded to save the company the high cost of complying with US and Canadian legislation concerning public offers of shares in those countries. It was held that the directors had not acted in breach of duty in preferring the interests of the company as a separate person to the interests of some of its members. However in Gaiman v National Association Megarry J observed that as a company is an artificial legal entity, it is not easy to determine what is in the best interests without paying due regard to its present and future members as a whole. Also in Paramount Communications v Time Inc Time Inc decided to go ahead with a merger with another company not allowing shareholders the chance of selling their shares to an unwelcome takeover bidder, even though the bidder was offering more than the current market price for the company’s shares. However the court accepted that it was egitimate for the directors of Time Inc to decide that it was in the company’s best interests. The court clearly rejected the idea that the directors’ duty was simply to maximise shareholder value in the short term. S172(3) provides that the duty to promote the success of the company has effect, subject to any enactment or rule of law requiring directors, in certain circumstances, to consider or a ct in the interests of creditors of the company. In West Mercia Safetywear v Dodd the court held that a director of an insolvent company must have regard to the interests of its creditors. If directors of a company, at a time when the company is insolvent, or of doubtful solvency or on the verge of insolvency, deal with its property in a way that is prejudicial to the interests of creditors then they are in breach of their fiduciary duty to the company as in Kinsela v Russell Kinsela. However in Kuwait v National Mutual Life it was stated that ‘a director does not by reason only of his position as director owe any duty to creditors or to trustees for creditors of the company’. This was also confirmed in Yukong Line v Rendsburg Investments. It is an equitable principle that a director of a company is under an obligation to disclose a breach where he or she has acted in breach of their fiduciary duty, if disclosure is required by the equitable duty to act bona fide in what the director considers to be the interests of the company as in Item Software v Fassihi. So the duty is to disclose what the director considers, not what the court may consider is in the interest of the company to know as in Fulham Football Club. A director also has a duty to disclose breaches of duty by fellow directors, if to do so would be bona fide in what the director considers to be the interests of the company. In British Tool v Midland International four directors of a company planned to create a rival company. One of them retired and set up a new company inviting key employees of the old company to join it, while the other three directors continued in their old employment without letting the other directors know of their plans. It was held that this was a breach of their fiduciary duty and amounted to a conspiracy to harm the company by unlawful means.