Saturday, December 28, 2019

Big Brother Meet Big Data - Free Essay Example

Sample details Pages: 7 Words: 2170 Downloads: 1 Date added: 2018/12/17 Category Politics Essay Type Research paper Level High school Did you like this example? In George Orwells 1984, the story depicted a nightmarish vision of a world run by a totalitarian state. While it is thought to be a denunciation of Stalinism, it is more broadly, a fictional example of the realities surrounding authoritative power. While there are differing systems of government with varying severities of control, all forms manipulate meaning. Don’t waste time! Our writers will create an original "Big Brother Meet Big Data" essay for you Create order From the shift from twentieth century propaganda to censorship in the current twenty-first century, the state has historically decided what is shown and omitted. Due to the acceleration of technology, it has dismantled barriers which has falsely created an illusion of global interconnectedness and security. With the most profound technological change in human history: mobile, social media, and cloud computing. They all share one communality of the accessibility to personal information. This is where big brother meets big databases (Lauk, pg. 51). We are in a digital dystopia where much like Orwells world reality is distorted, individual thought is tainted, and critical democratic decision making does not exist. Impinged information has ruled and corrupted the thoughts of citizens in authoritarian states. The term authoritarian regime simply includes any undemocratic rule. In contradistinction to democratic leadership, authoritarian kind of leadership do not invite political compet itions, fundamental rights among its citizens and separation of power in its institutions (Hall Dealy, pg.106). Thus authoritarianism can precisely be defined as the rule which involves excessive control of the rule of people. State control over people in this form of rule can be termed as excessive. There is limited openness in states operations. Total control or centralization is the ideal form of governance but it is done with some limited control or decentralization. In these forms of governments power lies in the hands of either a civil dictator or a military dictator. These dictators rise to power by either military coup or through inheriting thrones from their family heirs. The following are some of the features of authoritarian governments; they use principals like fundamentalism, racism or nationalism to provide basis of ruling people. Rulers make each and every decision. They thrive on pressure and force to impose political obedience. Their governments control all arms of government like the judiciary and the media and consider the controls a matter of public interest. Only few people have the control to power. The rulers mainly depend on manipulation and moral corruption to impose their mischievous ideas. Bureaucracy is always put in experiment more especially by the police. Rulers gain legitimacy through manipulations, declarations and further by use of peace ideologies which do not exist.Rulers of these countries control people opinions and the only existed opinion should be one that is aimed towards praising these regimes. Social life among people is largely under state control. It is important to note the difference between authoritative systems which allows limited people participation and totalitarian (despotic government) control which takes control of everything (Hassid at al, pg.9). In this kind of totalitarian control the state does not invite any political opinion. Despotic leaders often lead with an iron fist and leave no any opinion to anyone else. On the other hand in a democratic government the power lies in the hands of the people. People in democratic systems are governed by the rule of law and citizens are guaranteed different rights by the constitution. All arms of government work independently and exercise separation and balancing of power. State media can be defined by as media form which is controlled editorially and financially by the state or government. The idea should not be compared with the state sponsored media which might be getting funding from the government but the government does not control what it does editorially. In state media there is no pressure to generate funds because it is entirely funded by the government. Even though, these Medias serve to pass propaganda by the state to the people in most cases. Modern propaganda can be viewed by many as current lies by the government which are spread using the state Medias in the authoritarian states. Censorship is defined as suppression of p ublic communication, speech and information on basis of it is harmful, sensitive, objectionable or politically incorrect as resolved by the government authorities or other powerful consensus. Private institutions and individuals may engage into censorship. This form of censorship is referred as self-censorship. Fake news has gained popularity to become a house hold name in the modern day society (Ulianovskii, Andrei, et al, 40). Fake news can be defined as articles, videos or published information which is not credible but is disguised by entities who produced it as reliable or true. Fake news in democracies can come from public media which is controlled by state with an aim of spreading false information to citizens. Fake news in democratic countries is spread by bogus sources of information. This bogus information sources can spread fake news with many purposes but mainly they aim at character assassination of individuals. It is evidently clear that this generation is living in what can be referred to as an information age. This is because modes of operations have switched from being industrial to being computerized and large data controlled systems. This has seen people change the ways in which they operate and pass information among each other. The digital revolution which took place in mid-20th century spurred what can be referred to as the info age. Information age was characterized by offline communications mainly relying on the traditional media forms like the television and radio to pass information. Growth of technology and need for more accurate modes of passing information saw the information age grow to a more accurate age form known as the intellectual validation period.This is where people do not have to rely on syphoned information by the media houses, but they can share information among themselves and transmit the information far across in alightning speed. In this intellectual age it is easy to spread propaganda at the same time it is eas y for it to be noticed easily and be rendered irrelevant by people. With more than half of the world population being able to access to information within social media platforms, authoritarians regimes have been facing a difficulty during spreading of false propaganda to their citizens. Back during the 20th century authoritarian governments were effectively able to take and win the hearts of their follower (Holdstock Nick, pg. 18). They often held the media hostage thus, they succeeded to spread their agendas effectively with little opposition from the less informed followers. It is during the same period that the communist party in china and Russia thrived and gained control of many parts of Eastern Europe and even the rest of the world. All borders in these nations were effectively sealed and any person who stood out to disagree with these regimes was easily suppressed by the general public. Now with growth of the social media authoritarians have been trying to battle these cha nges by inducing technological changes in order to oppose any enlightenment towards their schemes, but they are easily being discovered. The two big brothers, for instance, China and Russia are example of authoritarian systems faced with the challenge of managing the spread of what they term as exploitative information among their people. They tried to embark on tactics like creating fire walls and instantly deleting any information spread via social media platform, but they failed miserably. The reasons why they failed is obvious. A well versed IT personnel can easily break into the firewall and spread any information to any destination rendering the firewall ineffective. As far as deletion of information is concerned, it is inevitable that the information will have spread far and will have impacted largely before it is identified and deleted by the authoritarian state authorities. This new development has made people in this big brother countries to exercise self-censorship and su ccessfully dismissing state censorship. Due to the difficulty China faced in social media regulation it settled to total ban of the popular social media sites like Facebook, whatSapp and YouTube. They settled to forming similar social media sites like Weibo, renren and youku (Hall Dealy, pg.42). This Chinese social media sites effectively comply with censorship standards by china. Users of these platforms can be able to send friend requests among each other. They can also share their feelings through icons and express any critics, further they can share images, videos and articles but in a well censored manner by the government. Chinese government carries out this censorship by regulating and controlling the number of people who can interact through these platforms at a single instance. Growth of social media in China, Russia and other authoritarian nations sparked people action. For the first time in a period of a century long, protests were held in parts of Russia and China. G roping social media users is an authoritarian censorship tactic that has succeed in China. Russia on the other has been using its state department of information to spread propaganda. Russia state department of information uses what can be called well-orchestrated propaganda from those in power. Russian government has been spreading its propaganda affairs using unanimous accounts. These accounts belong to government officials who always impost as users and feed people with wrong information. The term implicit biasness can be referred to as having attitudes and associating them with stereotypes rather than implying truth about them. Chinese, Russian and some Middle East leaders have been using implicit biasness to spread wrong gospel about the west more especially Britain, The US and Israel (Kellner Douglas, pg.59). Their tactics have worked and in very notable cases, western culture has been attacked viciously by countries which are against the rule of people. Cognitive dissonan ce is the mental unstableness normally experienced by people who have different beliefs, ideas and values. Cognitive dissonance is another powerful tactics used by the Chinese to fight investments from the west. They tell their people that businesses from the western countries have been brought to their countries in order to exploit them. Many American and British corporations have incurred losses in former communist countries due to cognitive dissonance. Echo chambers and filter bubbles are frequently used terms. Echo chambers is more of mocking term in regards to people failure while filter bubbles is used to describe peoples blind spots or lack or idea among people.Middle East and Far East countries have used these tactics to spread bad news about democracy. This has made it easy for them to use religious and cultural factors to fight liberalism and peoples power in their countries. Religion especially the Islam have successfully used these ideas to encourage terrorism among thei r people against the west. Absence of individual thought is a tactic used by dictatorships North Korea being the most successful implementer of the tactic. When using the tactics dictators inflict fear among people and create an impression that they are the only ones who can solve their problems. By doing so the dictators hold anybody who fights them hostage making it easy for them to rule the misinformed people. They also use the tactic to misinform people about other powers who can help them. North Korea in the last decade has fed its citizens with negative information about the US. The totalitarian government has even included a subject which demonizes the west in schoolssyllabus. Thus, because of that, young people in North Korea grow up with a negative mentality against the west and look forward on how they can use war to destroy the west. From the above information it is true that George Orwell statements about how totalitarian and authoritative systems thrive by manipulati ng people thoughts. They are able to take control of people, as well as, doing away with anyone who is against their ideas.State Censorship has been practiced in these countries for generations evolving with growth of technology and media. These countries self-fishily take advantage of technology created by the west to enforce their dictatorship rule to secure power among themselves. The two big brothers for instance, have used growing technology to spread their wings widely and seek attention within their people and even from the international community. They have really succeeded in framing Orwells 1984 question that, how can you speak truth to power, when power speaks truth by definition? Works cited Kellner, Douglas.? Media spectacle and the crisis of democracy: Terrorism, war, and election battles. Routledge, 2015. Holdstock, Nick.? Chinas forgotten people: Xinjiang, terror and the Chinese State. IB Tauris, 2015. Ulianovskii, Andrei, et al. Social Media Impact on the Transformation of Imaginary Political Characters in Russian Youth Culture.? Digital Transformation and Global Society. Springer International Publishing, 2016. 35-44. Hassid, Jonathan, and Wanning Sun. Stability Maintenance and Chinese Media: Beyond Political Communication Journal of Current Chinese Affairs? 44.2 (2015): 3-15. Hall, Dealy. POSC 3631 China and Russia in Comparative Perspective. (2015). Lauk, Epp. How will it all unfold? Media systems and journalism cultures in post-communist countries.? Finding the right place on the map: Central and eastern European media change in a global perspective? (2008): 193-212.

Friday, December 20, 2019

Argumentative Essay Distracted Driving - 1080 Words

Karen Stebbins Instructor: Victoria Wiggins English 1101, composition 1, section NET36 April 17, 2016 Distracted Driving Having your phone with you driving has become a big part of our daily lives. While it is a great tool to have if there was an emergency, it’s also leading to our destruction. Every single day I watch in horror as driver’s text whilst they are driving. We have all heard for years that it is dangerous to use our phones while operating a motor vehicle, so why does a greater part of the population, mostly teens, continue to practice this dangerous act? I believe it is because the laws are not strict enough to be a deterrent. Illinois is one of 14 states that has a hand held cellphone bans, â€Å"Illinois is the 12th state to ban the use of hand-held devices while driving. Texting and driving was banned in 2010.â€Å" (WQAD.com. WQAD News 8, 11 Feb.), though we can use hands free devices which according to legislation is described as â€Å" a driver using an electronic communication device in hands-free or voice operated mode, which may include the use of a headset;† (Illinois Compiled Statutes. Illinois General Assembly. Web. 17 Apr.2016†). But even with being able to use hands free devices, drivers still tend to text and take phone calls whist in motion, and at any given time of the day 800,000 drivers are using hand-held phone while driving. (National Highway Traffic Safety Administration), and there was one fact that really made me realize how much of a problemShow MoreRelatedTexting While Driving Argumentative Essay773 Words   |  4 PagesArgumentative Essay Many accidents are blamed on distracted driving and most of the distractions are caused by cell phone usage. However, some opponents feel that creating a law against cell phone use infringes their personal rights. 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Thursday, December 12, 2019

Entertainment and Venue Management

Question: Describe about the Contribution of arts, entertainment and venue industry to the national economy, and Current and future trends in arts, entertainment and venue management industry? Answer: Introduction The assignment will provide an overarching view of the arts and entertainment industry. The assignment will focus on the venue management, operation and funding of the live performance. The dynamic nature of the entertainment industry will be explored. The dynamic nature will be identified by identifying the trends in the public, private and the voluntary sectors in the world of entertainment. 1. Contribution of arts, entertainment and venue industry to the national economy 1.1 Analysis of the contribution of arts, venue and entertainment industry to national economy The media and the entertainment industry in UAE has been growing at a rapidly. The growth of the entertainment industry in UAE has contributed to the GDP of the country. The economy of Dubai has expanded the fastest in the last six years. The growth of the economy of UAE was fuelled by the surge in the growth of the trade, industry, hotels and non-oil sectors. There was 4.7% growth in the economic performance of UAE as it has been forecasted by the Dubai economic council. According to the statistics department the hotel industry showed a growth of 13.7% contributing 29.2% of the GDP. In 2014, the contribution of the travel and tourism sector to the GDP of UAE was around 8.5% (Al Bawaba, 2013). The growth of the tourism industry in Dubai has driven the growth of the UAEs hotels, travel agents and the airline industry. The leisure industries like the restaurants have also increased. The UAE governments are anxious to encourage the development of the major cultural projects in Emirates. They have opened several art museums in UAE to promote the cultural zone. The cultural zone in UAE has contributed to the growth of the growth of the tourism, hotel industry. The growth of the entertainment industry has resulted in the growth of entertainment. The exhibition centers of UAE have become the venue for major industry events and conferences in the country. The venue centers like the ADNEC, DWTC, SIBF have organized various events, exhibitions and conferences. They have organized several fairs which has promoted the cultural heritage of the country (Gulfnews.com, 2015). 1.2 Comparison between the funding agencies and their impact on venue, arts and entertainment industry The tourism industry of the Dubai will be promoted by the Dubai Corporation for Tourism and Commerce Marketing. They have contributed to the growth of the tourism sector and the trade sector. The exhibition centers of UAE are developed with the contribution of the leading institutional investors, developers of the real estate, government funding. The consultants and the senior level professionals engaged in real estate business contribute to the development of the exhibition centres in UAE. The contribution of the government has been enormous in the development of the exhibition centres in UAE. The centers have been funded by the local agencies. But the funding from the government in these sectors has been on a larger scale. This has contributed to the overall growth of the entertainment industry in UAE. The growth of the real estate business has driven the increase in the number of construction of museums, exhibition centers (Dubai.ae, 2015). 2. Investigation of the range of activities offered by the arts, entertainment and venue management industry 2.1 Brief summary Arts industry At the beginning of the millennium, UAE was not on the art map but it proved itself as one of the emerging art market by promoting and attracting the good art investors. The country has invested lump sum money to develop the infrastructure of the country to develop the social institutions. The media and culture has developed in UAE since 2006. It has led to the establishment of the Ministry of Information and Culture and there has been development of the National Media Council. Emirates Media is a pioneer of multimedia in the Arab region. The development of the television, radio industry falls under the media company. The art industry in UAE has flourished with the development of the radio and television sector in UAE. Entertainment industry The tourism and hotel industry are one of the flourished entertainment industries in UAE. They have contributed to the strategy of the Government to maintain the inflow of foreign capital in the country. The tourists find Dubai a luring shopping destination. They tourist spots in Dubai possess ancient as well as modern attractions. There are large number of heritage buildings and forts in UAE. The museums are built in UAE to address to specific subject areas relevant to the history and culture of the country. There is adequate funding from the Government for the development of the museum. The Government has promoted the development of the museum to make emirate a cultural tourism destination (Dubai.ae, 2015). Venue industry Dubai has a host of exhibition centers, conference halls in the country. One of the reputed exhibition centres in Dubai is the Dubai International Convention and Exhibition Center. It hosts a range of exhibitions of the country. There are other exhibition centers in UAE in which various events are held. The halls are located conveniently to fit the requirement of the visitors and the exhibitors (Sabella, 2015). 2.2 Comparison of the scope of the three industries The arts industry in UAE is influenced from the West. It attracts foreign investment. Unlike the entertainment industry like the tourism industry and the hotel industry, the arts industry has not flourished yet. The tourism and hotel industry has scope of tremendous development and success in the near future. The income of the tourism department contributes to the growth of the economy. The venue industry in UAE is developed and there is ample scope of future development. The exhibition halls in UAE organize various events at larger and smaller scales. It gives the boost to the various events in the country. The support from the Government is crucial for the development of these industries. 2.3 Profile of the audience The tourism industry in Dubai attracts mostly the high income earners. Dubai is an ideal shopping destination. Apart from the historical and the cultural heritage showcased by the country it also offers variety of unique goods to the visitors which have made it a preferred destination for shopping. The venue centers organize events and conference for big high profile companies. 3. Exploration of the management and operation of different type of venues 3.1 Comparison of the management and the operational strategies ADNEC (Abu Dhabi National Exhibition Company) is one of the most successful exhibitions, conference and events centre in UAE. It is the largest exhibition venue in UAE. It is a part of the international venue development and company of business management. The management team and the other parties of ADNEC are responsible for organizing the exhibitions or events at the venue. The exhibiters are concerned with the business undertakings that are associated with the events at the venue (Adnec.ae, 2015). The operations department prepare the layout plans to maintain safe access to all the amenities at the venue. It is seen that the venue is a safe place for showcasing the exhibition. The workplace is made free from injuries and incidents. The minimum acceptable standards are maintained at the hall (Adnec.ae, 2015). Dubai World Trade Center organizes and hosts range of world class of events. It organizes impeccable shows across multiple industries such as technology, health care, finance and business. The center offers the organizers with a range of support services for designing the venue. Dubai World Trade Center organizes a range of live entertainment events and weddings. It also organizes range of exhibitions, trade fairs and conventions. The management service at Dubai World Trade Center is supported by qualified team of management looking after the operational activities of the organization. The management team is responsible for handling the parking, valet services and the maintaining the flow of traffic as well as medical services during emergency conditions (Dwtc.com, 2015). 3.2 Evaluation of the work and responsibilities at ADNEC and DWTC The employees at ADNEC are provided with adequate training for the development of the skill of the employees. The employees are trained in such a manner so that they are able to deal with the specific area of responsibility so that they can manage any safety issues in the exhibition hall. The events that are organized in ADNEC are not limited to public gathering for entertainment purpose or any kind of private function like wedding but it organizes other similar types of business events (Adnec.ae, 2015). The employees at Dubai World Trade Center are provided with adequate training so they execute their responsibilities for managing the employees. The new employees have to undergo through an induction program. The employees are responsible for handling the grievances of the customers (Dwtc.com, 2015). The HR policies of the organization are made to promote the retention of the employees (Badam, 2014). 4. Current and future trends in arts, entertainment and venue management industry 4.1 Analysis of the current trends in the arts, venue and entertainment industry Globalization has brought the world to a single platform. This has increased the number of options for the customers. The customers have wide range of options to choose a tourism site. The rise in the number of options has reduced the viability of Dubai as the preferred location. But globalization has also increased the number of tourist visiting Dubai and it has positive impact on the GDP of the country. The venue industry in Dubai is flourished (repository.library.georgetown.edu, 2015). 4.2 Current funding arrangements The Government made large investments for the infrastructural development of the country to preserve the cultural heritage. It is constantly reviewing the cultural heritage projects, organizing exhibitions and conference to preserve the historical cultural image of Dubai. The private funding agencies are engaging themselves for the development of the venue centers in the country. 4.3 Impact of changes in technology The technological advancement has positive and negative impact on the entertainment industry of UAE. The use of the mobile phones and tablets has made certain entertainment easily accessible to the audiences. This is reducing the profit of the theatre halls. But there is rise in the trend of online booking and enquiry which has increased the sale of tickets at the theatres in Dubai during weekends. The technological advancements have positive impact on the growth of the venue centers (uaeinteract.com, 2015). Conclusion The entertainment industry in UAE has contributed to the growth of economic condition of the country. The GDP of the country has flourished. The growth of the tourism industry has led to the growth of the associated industries like the hotel industry and hospitality industry. The Government of UAE has made adequate funding for the upliftment of the arts and entertainment industry of UAE. The operation and management of ADNEC and Dubai World Trade Center reveals their top class performance of the centers. References Adnec.ae, (2015).ADNEC EHSMS MANUAL Page 1 of 15 Chapter 15 Standard Operating Procedures and Forms. [online] Available at: https://www.adnec.ae/docs/ehsms-safety-documents/adnec-ehsms-rcop-15-03_complex_structures_v1-0.pdf?sfvrsn=2 [Accessed 24 Feb. 2015]. Adnec.ae, (2015).ADNEC EMPLOYEES TO HELP MANAGE EXCEL LONDON DURING LONDON 2012 OLYMPICS. [online] Available at: https://www.adnec.ae/corporate/press-releases/2012/2012/07/24/adnec-employees-to-help-manage-excel-london-during-london-2012-olympics [Accessed 24 Feb. 2015]. Al Bawaba, (2013).Key sectors contribute to record UAE GDP growth. [online] Available at: https://www.albawaba.com/business/uae-gdp-growth-531934 [Accessed 24 Feb. 2015]. Badam, R. (2014).Dubai to launch tourism fee in March to help fund Expo projects | The National. [online] Thenational.ae. Available at: https://www.thenational.ae/uae/tourism/dubai-to-launch-tourism-fee-in-march-to-help-fund-expo-projects [Accessed 24 Feb. 2015]. Dubai.ae, (2015).Dubai Economy. [online] Available at: https://www.dubai.ae/en/aboutdubai/Pages/DubaiEconomy.aspx [Accessed 24 Feb. 2015]. Dwtc.com, (2015).Dubai World Trade Centre | World Class Exhibitions in Dubai. [online] Available at: https://www.dwtc.com/en/Pages/default.aspx#.VOxKMfmSzTo [Accessed 24 Feb. 2015]. Gulfnews.com, (2015).UAE film industry is bursting with an array of talent. [online] Available at: https://gulfnews.com/arts-entertainment/film/uae-film-industry-is-bursting-with-an-array-of-talent-1.836370 [Accessed 24 Feb. 2015]. repository.library.georgetown.edu, (2015).THE CULTURE OF COMMERCIALISM: GLOBALIZATION IN THE UAE. [online] Available at: https://repository.library.georgetown.edu/bitstream/handle/10822/553278/alkhazrajinathan.pdf?sequence=1 [Accessed 24 Feb. 2015]. Sabella, S. (2015).Is The United Arab Emirates Constructing its Art History? The Mechanisms that Confer Value to Art. 1st ed. [ebook] pp.126-131. Available at: https://stevesabella.com/CP%20Volume%20V.pdf [Accessed 24 Feb. 2015]. uaeinteract.com, (2015).MEDIA CULTURE. [online] Available at: https://www.uaeinteract.com/uaeint_misc/pdf_2007/English_2007/eyb8.pdf [Accessed 24 Feb. 2015].

Wednesday, December 4, 2019

Law of Business Organization Indoor Management

Question: Discuss about the Law of Business Organization for Indoor Management. Answer: Solution 1 Issues The main issues that arose in the given scenario are: Whether there is a valid contract amid Executive Car Fleets Ltd (Car Fleet) and Speedy Auto Hire Ltd (Speedy) for the sale of cars? Whether Speedy has right in law to avoid the contract if established amid the parties? Law In the present given scenario, the law of Indoor Management Rule and section 128 and section 12 of the Corporation Act 2001 (Act) is applicable. Whenever any company wants to make a contract then the same is valid provided it is undertaken by its authorized agents. The agents are authorized when they posses relevant authorities, such as: (Krawitz 2002) Actual authority when an authority is granted to an agent by his principle under a specific agreement/contract then such an agent has actual authority and is held in Freeman Lockyer (A Firm) v Buckhurst Park Properties (Mangal) Ltd (1964). The actual authority can be express (when granted by the principle purposely either orally or in writing) or implied (when the authority is granted by the conduct or actions of the parties) and is held in Hely-Hutchinson v Brayhead Ltd (1968). Ostensible authority when the authority is assumed by others to be possessed by a person then such is an ostensible authority. Normally, when a company holds out a person to an outsider and represents that such person does have certain authority then an outsider can rely on such representation and can make valid contract under the ostensible authority of such person. Thus, any contract which is undertaken by an agent with an outsider within his authority will bind the company and the company has to honor the contract which is established by such an outsider. However, many a times, an outsider undertakes a contract with a person on the belief that such person has the relevant authority but in reality such person does not possess any authority, then, such contracts are normally voidable by the company on the ground of lack of authority. But, this avoidance of contract is not just for those outsiders who deal with the company officers on the belief that such officers are authorized to deal on behalf of the company. To protect such honest outsiders the law of Indoor Management Rule laws formed in Royal British Bank v Turquand (1856). As per the rule if any outsider is undertaking any contract with a company on a belief that the agent with whom he is dealing has requisite authority and has no knowledge of any irregularity, then, such an outsider is under no obligation to check the authenticity of the agents authority. Under the Indoor Management Rule he can assume that all the internal management procedure which are required to authorize such an agent are comply with and thus the contract is binding upon the company. However, there are few exceptions to the rule, such as: (Krawitz 2002) When the outsider is aware of the irregularities of the lack of gent authority; When he can put in mere enquiry and be aware of the irregularities and is discussed in Northside Developments Pty Ltd v Registrar-General (1990). Further, under the Corporation Act 2001, there are two important provisions which are applicable in the given situation. The same are section 128 and section 12 of the Act. As per section 128 (1) any person who is dealing with the company has an authority to make assumptions as provided in the section 12 of the Act (Gye v McIntyre (1991). However, as per section 128 (4) it the person who is making the assumptions under section 12 of the Act is aware that the same are irregular and incurrent then such person is not entitled to make the assumptions. The knowledge of the irregularity must be actual and is held in Tesco Supermarkets Ltd v Nattrass (1972). As per section 129, a person can assume that all the provision of the Constitution and the replaceable rules if applicable are comply with by the company and there is no irregularity in the same and is discussed in Australian Capital Television Pty Ltd v Minister for Transport and Communications (1989). As per section 129 (3) an outsider can assume that any agent of the company is duly appointed and has authority to perform the actions. (Krawitz 2002) Thus, these are the applicable laws that are applied to the given factual situation. Application Dan is an employee (Vehicle Sales Manager) of Executive Car Fleets Ltd (Car Fleet) and sells on the companys behalf. Whereas Mark is an employee (Vehicle Purchasing Manager) of Speedy Auto Hire Ltd (Speedy) who make purchase on his companies behalf. Various contracts are entered amid Dan and Mark. Thus, both the parties are dealing with each other from some time and are aware of each others respective authorities to bind their company by their respective actions. Dan has often signed contracts with Mark for the sale of cars. On Thursday (9.00 am) Dan has send an email to Mark specifying that he has authority to sell cars @ $ 50 000 per car and he must come at 4 pm to sign the contract. At 4 pm, Mark visits Dan and signs the deal to buy the vehicles for a total price of $ 1 500 000. Thus, at this stage it is submitted that since both mark and Dan has requisite authority to bind their companys, thus the contract entree red by them are valid. However, before signing the contract Dan has met Mary (CS at Speedy). She submits that there are chances that Mark will be fired from his job. Dan communicates the news to Johnson (CFO) who does not gave heed to the news and asks Dan to continue with the deal. It is submitted that Dan and Johnson are aware of the irregularity that might take place. Even after getting aware of the same they continued with the contract with Mark. Thus, by applying the exceptions to the Indoor Management Rule, it is submitted that an outsider must act in good faith to rely on the rule and if he is aware of the irregularity then no protection can be granted. Thus, Dan and Johnson are aware of the irregularity and are not dealing in good faith thus they are not protected under the Rule. Also, they cannot rely upon the assumptions mentioned under section 129 of the Act as they are aware of the irregularities. Conclusion Thus, Speedy has full right to rescind the contract entered amid Dan and Mark as the same is not protected under the Rule and section 129 of the Act. Mark and Johnson are aware of the irregularities n thus they cannot take advantages of their own wrong. Solution 2 Issues What actions can be undertaken by Peter for the decisions taken by Sparkles Ltd? Are there any remedies that can be availed by him? Law Whenever any company is formed then it is considered as a separate legal entity in the eyes of law. The company is considered to be distinct from its members and any actions which are undertaken by its officers and members are undertaken in the name of the company. It is the company alone which can sue and be sued ion its own name and this concept of separate legal entity is rightly established in the Salomon v Salomon Co Ltd (1897). (Puig 2000) In any registered company, the people who holds the share of the company its shareholders. The person who hold the major shareholdings of the company are major shareholders and the persons who hold fewer amounts of shareholdings are minor shareholders. It is the duty of the major shareholders to run the company in such a manner so that it is not against the interest of minor shareholders. (AICD 2013) But, many a times the actions of the company officers are such that they are not in the interest of the minority shareholders. In such situations a minority shareholder can take against such officers. A minority shareholder can take action under part 2F.1 of the Corporation Act 2001 for seeking remedies for oppression. Section 232-235 deals with the actions of oppression. As per section 234 of the Act, any member, any former member or any applicant who was the member when the application for the oppression was filed are eligible to file the application for oppression and is rightly held in Re Spargos Mining NL(1990). In Gooze v Graphic World Group Holdings Pty Ltd(2002), a sole shareholder was also allowed to file remedy for oppression. The application must be made with clean hands unless the same will be rejected by the court and is held in Re Bellador Silk Ltd(1965). (Aherns 2013) As per section 232, the court can allow the application for oppression provided the affairs of the company against which an application is made is not in the interest of the shareholders or is unfair, oppressive, discriminatory, etc. and is rightly held in (ASC v Lucas(1992). (Findlaw 2016)) In the leading case of Scottish Co-op Wholesale Society Ltd v Myer(1959), the court held that not availing business opportunities is a kind of oppression on the shareholders of the company. In Jenkins v Enterprise Gold Mines NL(1992), the court that if the directors of the company are not complying with their duties honestly and adequately then the same is considered to be oppressive in nature. Once it is justified that the applicant fulfills the criterias mentioned under section 232 and section 233 of the Act, then the court has power to make an order under section 233 of the Act. normally, the court has discretionary power to make any order it may deem fit. However, there are few remedies that are mentioned under section 233 of the Act, the same are: The court may wound up the company; The court may order the repeal or modification of the constitution of the company; The court may order that the affairs of the company must be regulated appropriately and is discussed in the leading case of Re Spargos Mining NL(1990). The court may purchase the shares of the members of the company and is discussed in the leading case of Rankine v Rankine(1995). The court may appoint a manager to the company in order to manage the affairs of the company appropriately and is discussed in Re Enterprise Gold Mines NL (1991). The court may also any officer of the company to act as per the directions provided by the company. Thus, this is the basic procedure which must be cater by a minority shareholder in order to protect his legitimate interest. Application The law as discussed above is now applied to the facts of the case. As per the facts, Sparkles Ltd (Sparkle) is a company which deals in custom jeweler. Peter Jones is a stationary businessman and also holds 5% shares in Sparkles. He was appointed by the company to supply stationary to the company for a term of three years. Thus, Peter is the minority shareholder in Sparkles. However, there are few decision which are taken by the company which are not found in favor of Peter: The company decided to source all its stationary requirements from Office Pax Ltd. The decision taken by the company was complained by peter, however, the board is reluctant to change the decision. The decision is totally against the contract that was signed amid Peter and the company and violates the terms of the constitution. Thus, an oppression is caused to the employee of the company. Roger (Director and CEO of the company) who holds 65% of the shares sells a rare sapphire on companies behalf to his nephew @ $ 5 000 which is actually worth $ 100 000. He is also selling Ruby @ $ 40 000 to his (Rogerson's) niece for $ 8 000. Thus, Roger is the major shareholder of the company and is acting and managing the affairs of the company in such a manner which are not in the interest of the company. The stones are sold at an undervalued price and thus the conduct is not proper and is against the interest of its members. It is thus advice to Peter that he must make an application under section 233 and seek remedies from the court. The court can grant remedy in the form of appointing a manger for managing the affairs of the company properly. Conclusion It is thus concluded, that peter must file an application under section233 and seek appropriate remedies from the court. Reference List Aherns (2013) Statutory Oppression Remedy Under the Corporations Act 2001 (cth) https://www.ahernslawyers.com.au/latest-news/statutory-oppression-remedy-under-the-corporations-act-2001-cth/. [viewed on 12th September 2016]. AICD (2013) Dont forget minority shareholders https://www.companydirectors.com.au/Director-Resource-Centre/Publications/Company-Director-magazine/2013-back-editions/April/Opinion-Do-not-forget-minority-shareholders. [viewed on 12th September 2016]. Findlaw (2013) oppression against shareholders https://www.companydirectors.com.au/Director-Resource-Centre/Publications/Company-Director-magazine/2013-back-editions/April/Opinion-Do-not-forget-minority-shareholders. [viewed on 12th September 2016]. Krawitz A (2002) Protecting Outsiders to Corporate Contracts in Australia, Volume 9, Number 3 (September 2002) https://www.austlii.edu.au/au/journals/MurUEJL/2002/22.html. [viewed on 12th September 2016]. Puig GV (2000) A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine, Volume 7, Number 3 (September 2000) https://www.austlii.edu.au/au/journals/MurUEJL/2000/32.html. [viewed on 12th September 2016]. Case laws ASC v Lucas(1992). Australian Capital Television Pty Ltd v Minister for Transport and Communications (1989). British Bank v Turquand (1856). Freeman Lockyer (A Firm) v Buckhurst Park Properties (Mangal) Ltd (1964). Gooze v Graphic World Group Holdings Pty Ltd(2002). Gye v McIntyre (1991). Hely-Hutchinson v Brayhead Ltd (1968). Jenkins v Enterprise Gold Mines NL(1992). Northside Developments Pty Ltd v Registrar-General (1990). Re Spargos Mining NL(1990). Re Enterprise Gold Mines NL (1991). Re Bellador Silk Ltd(1965). Salomon v Salomon Co Ltd (1897). Scottish Co-op Wholesale Society Ltd v Myer(1959). Tesco Supermarkets Ltd v Nattrass (1972).