Truman Doctrine :: essays research papers

The Truman Doctrine In order to contain Communism, President Harry S. Truman issued the Truman Doctrine in 1947, which provided aid to Greece and Turkey. The United States gave aid to those countries, specifically, because it felt they were most threatened by Communism during the time of the Cold War (Ferrell, pg.105). Communism is an economic system in which a single party controls the means of production with the aim of establishing a classless society (Encarta). The period after World War II, up until the year 1990, when The Cold War ended, was controlled by two superpowers, the United States and the Soviet Union. The United States was led by President Harry S. Truman, who was thrown into the presidency by the unexpected death of Franklin D. Roosevelt, and the Soviet Union was led by Joseph Stalin (McCullough, pg. 371). Each expressed different views on politics, economics and human rights. A number of events occurred which led the United States and the Soviet Union to engage in what is now known as the Cold War. The five areas of conflict were with Poland, Germany, atomic secrets, Eastern Europe, and economic rebuilding of Western Europe. The Cold War was not a war in the typical sense of the word. There were no shots fired, but rather it was a war with words. In some ways this could be considered worse than a real war because that type causes a lot more fear over what could occur at any moment and weather the threats were real or not. Those countries that sided with the United States, which were mostly Western European nations, were known as the free world. The Soviet Union, on the other hand, occupied the Eastern European nations which came to be known as the Communist Bloc (Barrons). During this time, President Harry S. Truman wanted to contain Communism before it spread world-wide. He felt that this was the crucial point and Truman responded by issuing the Truman Doctrine in 1947. Truman feared that third world countries would accept Communism. Communism 2 sounded tempting to these countries because it would equalize everyone and it may even provide those countries with a stable government (Ferrell, pg. 105). The main objective of the Truman Doctrine was to support Turkey and Greece because the United States government felt they were most threatened by Communism during the Cold War. The United States did not want Communism to spread, in fear that it would form in the United States (Encarta). The United States wanted to show the Soviet Union that they weren’t the world power and that the Soviets could not force Communism on other countries, especially weak, smaller countries. The Soviet Union thought they were the most

Occupational, safety, and security at work place

This boils to the fact that a rocker will perform his duties to the fullest only when he Is sure that even when an accident occurs he will be taken good care of. â€Å"One of the most important things that an employer should provide to his employees Is safety even at a low risk site† says Pushup Vela the human resource assistant at Prime Aluminum Ltd.Brief History of Safety and security is that one of the effects of the Europeans coming course of time it was discovered that it was absolutely necessary to safeguard the interest of both the employer and the employee, hence the introduction of the arioso means of regulating employer-employee relationship.Initially, it was thought that the employees were being made objects of servitude but in the long run it became apparent that this sort of relationship requires the incorporation of rules to avoid either party being cheated out rightly. Labor law which was fashioned to ameliorate the prevalent crisis engulfing the industry in Eng land at a time was adopted in Nigeria as a direct consequence of colonialism by the United Kingdom. 1. Purpose of the Study The purpose of this study is to seek and to find out whether there are challenges inherent in this area that a human resource manager faces in his day to day routine duties within the organization thereby suggesting possible solutions that sought to overcome some of the challenges and well as providing some recommendations for the organization and to discuss and understand how Prime Aluminum Ltd deals with their occupational safety, health and security policy and what process it uses to achieve the broad objective of getting the relationship between employee and the employer and based on Prime aluminum Ltd. . 3 Scope of the Study By working on the term paper, Vive been able to understand how the policy has been incorporated in the institution, the challenges faced in the human resource department in implementation of such a policy, the presentation of some of t he solutions as well as some of the recommendations Vive been able to come up in the course of my research. When I carried out this research, I experienced some scopes in the area of this report.Bearing in mind the acquaintance and time of the paper has been wide- ranging specifically within the revision challenges inherent in the area of occupational health, safety and security suggesting the possible solutions as this rear basically deals with the top management level and low management. Being a student of Human Resource Management class, I got a chance to work with the Assistant Head of Human Resource, Mrs†¦Pushup Villain, where I got a chance and experience to engage on a one on one interview where she took me through the occupational health, safety and security policy and processes and how it makes sure they achieve their goals in the organization. 2. 0 Focus on Organization 2. 1 About Prime Aluminum Ltd Prime Aluminum Ltd has over 40 years of experience in their team of s pecialists;Prime Aluminum Casements Limited (PACE) has built a reputation of providing high quality solutions for aluminum windows, doors, structural glazing, curtain walling, ceilings, partitioning, claddings, office fit-outs and external fade related requirements across all building sectors. It is located on Mambas road as well as Lemur road. Prime prides itself in accomplishments and finding high quality solutions for all aluminum windows, doors, structural glazing, curtain walling, requirements for clients in an equitable, environmentally friendly, socially responsible and economical manner.Improve working conditions that are necessary to ensure higher labor productivity, better quality work, healthier labor relations and compliance with quality standards. Health and safety in the workplace is no more a new thing or issue in organizations but it is still handled as a new topic in, Prime Aluminum of today all because of the way it is being practiced. However, there appears to be some gradual improvement in awareness and practice. This part of this research work is meant to examine and describe the law as it relates to health and safety at work 3. FindingsResearch Questions Analysis This part of the study presents the response of the HER of Prime aluminum on safety health and security policies distributed questionnaires and as obtained from the interview How do Security policy, health and safety help with strategic decision making? Pushup: Strategic decision making is all about risk management. Getting the right information on Security policy, health and safety improves the chances of success, and helps to prevent accidents – which every business needs to do because accidents are so costly, in all sorts of ways that many organizations do not realize before one occurs including Prime . He goal of the company is to focus on health of all the employees so as to get employers who are fit to do the Job. For example we had an employee who was injured where he was working in the site. He was a very potential employer but due to less safety we lost him. Thus we are now struggling to get one who did such a great Job which is costing us a lot. What is the perception of the employees on health and safety issues and policies? Pushup: This part of this research work is meant to examine and describe the law as it relates to health and safety at work.By law, employers have to protect employees' health, safety and welfare at work. They have to make sure the workplace is safe and without risk to health. As part of this duty, employers must: 1. Keep dust, fumes and noise under control 2. Make sure that plant and machinery are safe and regularly maintained, and that the systems used in the workplace are safe 3. Provide protective clothing where necessary 4. Report certain diseases and injuries to the relevant authority 5.Provide adequate first aid equipment and facilities At sites where heavy machinery are being used; it is certain that the level is higher cause of the mechanical movement of parts of such machinery and therefore for the employee that will be monitoring or operating such machinery will be exposed to accidents. In a case like this, it should be known that the level of safety that will be provided will be much more than that of a site where ordinary hand tools are been used.Based on the above, we now understand that the level of Safety and Health protection will be higher nowadays because of the rapid mechanization of the manufacturing industry and the accidents that may occur will definitely be more fatal elicits. Do health and safety career problems actually reach the top and directors? Pushup: Health and safety is one crucial element of the mix of skills, along with finance, marketing and human resources, for example. It is becoming increasingly important because this could cost the firm a lot. UT in most cases the top directors are hard to reach because they are normally out of own doing business and it get s difficult for the HER to focus both on the workers at the sites and at the office. But these problems are normally taken care of at the end of the day. Could you give some examples of the biggest safety risks being faced by leaders? Pushup: employees undoubtedly face their biggest risks while driving for work. There is a very personal effect on individual directors – a director can set an appropriate example – or an inappropriate one.For example, if they speed to reach yet another meeting, or if they work long hours and drive a long way home after exhausting meetings. Directors have the legal responsibility if things go wrong and police will prosecute if, for example, a driver falls asleep at the wheel because of an over-long working day. What can they do about it other than set an example? Pushup: One of Prime aluminum's key issues is the management of occupational road risk – driving for work – which is why we offer a full range of solutions which can be targeted at those deemed to be the highest risk.These range from consultancy to driver training, and also computer-based driver risk assessments, which can be the cheapest, but most effective, way to start. What comes after that? Pushup Consider again the director who is a keen motorcyclist – if he or she suffers an accident it could bring the business to its knees! From Prime aluminum's work with its key major award winners we know that one in five accidents occurs in the home or while at leisure, so if we can reduce those, then the negative cost that accidents cause the workplace can be greatly reduced as well. What sort of training is available to directors?Pushup: Because directors have limited time available they will often not be able to go on pre-scheduled safety training courses. Prime aluminum addresses this through two routes: Conferences, where directors can network and key new developments can be highlighted by top speakers such as leading personal injury arre sters and FETES 100 leading company case studies given by their chief executives Tailored consultancy and in-company safety training means that companies can have a day or two of intensive focus on health and safety which is exactly right for their business.All of these options make directors aware of their legal duties and responsibilities, as well as the savings they could make if safety is properly managed, and the positive benefits of doing it properly. 4. 0 Challenges and solutions at Prime Aluminum Ltd security of his employees. Health and safety form an integral part of work environment. A work environment should enhance the well -being of employees and thus should be accident free.The terms health, safety and security are closely related to each other. Health is the general state of well-being. It not only includes physical well-being, but also emotional and mental well-being. Safety refers to the act of protecting the physical well-being of an employee. It will include the risk of accidents caused due to machinery, fire or diseases. Security refers to protecting facilities and equipments from unauthorized access and protecting employees while they are on work.According to Folia, & et al (1993), asserted that a proper understanding of the various work situations in manufacturing, textile, mining, construction and other labor intensive industries reveal that workers are exposed to hazards. These include: physical contact with poisons, dust inhalation, exposure to organic and inorganic chemicals, extreme temperatures of hot or cold, accidents, injuries, falls, burns and scalds, other dangers and sudden death. However, the health and safety of the workers have been recognized as a fundamental human right.The need to foster a safe work environment, protect co-workers, family members, employers, customers, suppliers, nearby communities and other members f the public impacted by the workplace environment is the primary goal of all Occupational Health and Saf ety(OH)practice An integrated occupational health and safety policy is essential for developing a stable and productive work environment. The government has in recent time enacted laws regulating the labor market and it has also been revised to promote healthier labor relations, appropriate working conditions, equity in the workplace and improved skills.Improved working conditions are necessary to ensure higher labor productivity, better quality work, healthier Barbour relations and compliance with quality standards. The economic gains associated with occupational health and safety policy improvements include: a. Increased productivity and worker morale; b. Reduction of working time lost due to injury and disease; c. Reduced equipment down-time, reduced damages to materials and machinery, and savings in the costs of recruiting and training replacement employees; d. Reduction in transaction costs such as insurance costs and legal fees.Adequate occupational health and safety policy an d standards are required for a nation's continued integration into the world economy. International investors who subscribe to world- class occupational health and safety standards are reluctant to invest in markets in which local firms are able to compete unfairly through reduced occupational health and safety standards. Increasingly, African exporters particularly those who export to developed economies are being required to comply with international quality management standards.These standards require world-class performance in areas such as occupational health and safety policy, environmental protection and product safety A health and safety management system involves the introduction of processes designed to decrease the incidence of injury and illness in the employer's operation (Alberta, 2006). The successful implementation of this resources, and a high level of employee participation. The components of effective health and safety management system are briefly explained below : a.Management leadership and organizational commitment. For this system to be effective, management must show leadership and commitment to the program. To achieve this, management should put the organization's expectation around health and safety into writing by developing a health and safety policy. Employees who forms part of the health and safety committee, should be involved in writing the policy, and to be signed by senior operating officer, to indicate the commitment of management. B.

Manic Depression Symptoms Of Symptoms And Treatments

Manic Depression Better Treatments Manic depression is an illness that influence or defect the way people feel, interact, socialize, and act. At least fifteen percent of people with bipolar disorder commit suicide. Moreover, the symptoms of this illness show in adolescence or adulthood. According to the World Health Organization mental health Atlas research, in 2014, which published a prevalent and latest estimated data of bipolar disorder covering â€Å"About 2 % of the population of both women and men are suffering from this condition.† Many factors of this disease are associated or contributed to genes component from upbringing that can run in families or severe and stressful life events, lack of sleep, and alcohol. The only prescribed†¦show more content†¦Treatment of bipolar disorder have been sufficiently rapid that even moderately recent efforts to summarize that Lithium is only remaining important treatment option of acute mania. Moreover, Lithium is combined with anticonvulsant, which are not generally effective for acute mania. It may have utility and some sort of helpfulness for other aspects of this illness, and comorbid negative health conditions such as topiramate for obesity, eating disorder, migraine prevention, and alcohol dependence. To argue, including use of drugs or Lithium, psychiatrist’s attentiveness to the risk of these incidents. Therefore, in this situation, it is not unexpected that psychiatrists display a preference for drugs that are hard to use, which are not toxic, not challenging, but more likely to cause incidents. Another powerful factor, Lithium is still considered the first line of treatment in the past because partially bipolar patients did not tolerate lithium, and no several alternatives were found. Another point, of course drug companies producing these lithium doses drugs pursue, track, and chase profit as their main objective goal but ignoring people’s mental health. On the other hand, negative side effects of lithium doses are distinguished by poor insight, medication noncompliance, and relapse. To argue, self -management can be easily distorted and complicate behavioral process that affect a multitude of individual, situational, social, and disorder related

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. 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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. 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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.