Sunday, January 26, 2020

The Definition Of Gonzo Journalism

The Definition Of Gonzo Journalism Gonzo journalism continues to be one of the most popular styles of writing that has ever been crafted in journalism. The interest that surrounds the published works of gonzo seems to be that it will always contort the general structure of normal journalism. In a large majority of news stories today, there is the pyramid of information where by the news worthy information will be at the top with less interesting details going further down. In gonzo the balance went missing and an article was defined by what the author experienced more than what the actual story was trying to report. The gonzo journalism style has always been widely accepted as being associated with the unusual and quirky writing of Dr Hunter S Thompson. (Wenner Seymour, 2007) Thompson became one of the most popular journalists ever thanks to writing in a simplistic style that consisted of telling a news story through the eyes of the author. Despite having many differences, gonzo has long been shoved in the same pigeon-hole as the new journalism revolution. (Weingarten, 2005) Although the form of journalism has slipped out of the public eye since the death of Thompson, Gonzo still plays a vital part in making news interesting. This is proven by how popular the works of Hunter S Thompson are today in comparison to when they were written and this shows the skill involved in creating this intricate art. All areas of the media have, at some point, incorporated gonzo into their style because it keeps well reported subjects fresh and allows new angles to be examined. While the style has remained popular, Thompson has concreted himself as the inventor and perfectionist of the gonzo craft a writer to be imitated but never bettered. Gonzo journalism is one of the most entertaining forms of writing and its continuation and development is extremely important for the future of journalism. 1.2 Aims and Objectives The primary aim for this dissertation is to examine the origins and definition of gonzo journalism and to understand the implications of this style of writing on journalism and finally composing recommendations and conclusions. The authors own aim is to use multiple research techniques to achieve an improved understanding of gonzo journalism and the implications for the use of this style. The following objectives have been structured in order for the author to be able to achieve the aims set out above: Thoroughly research all material which is related to gonzo journalism and/or Hunter S Thompson Investigate the origins and definition of gonzo journalism Review multiple forms of literature relating to and including the works of Hunter S Thompson Understand the implications that gonzo created within the practice of journalism Examine relevant sources on gonzo to find whether the style has been productive to journalism Explore what will be beneficial for gonzo journalism to continue being implicated in the future practice of journalism 1.3 Methodology 1.3.1 Selected method of research This dissertation is derived from research that has come from primary or secondary sources, or in some instances both of these sources. Primary research has many advantages over secondary sources as the researcher can modify the research question to focus on a tiny subject matter. Surveys and questionnaires are a great way of achieving relevant answers to a question that has not been asked before by a secondary source. The results from the surveys and questionnaires provide the author with up-to-date findings and results that help to meet the aims of the dissertation. Secondary sources are readily available and take less time and energy to produce results that will help to meet the objectives. The majority of books and journals can be accessed through online academic databases such as Athens and this makes the reliability of the sources much higher. The search functions can track down relevant sources quickly and accurately to make sure that the sources used match all the objectives. To complete the objectives set out above, primary research and secondary research were both adopted. The primary research would take the form of interviews and surveys as these were the most simplistic ways to achieve the dissertation aims. Secondary sources were gained through endless searches of the Edinburgh Napier University libraries and the online databases available to the University through Athens. Background readings and definitions on gonzo were also obtained from online resources such as newspapers, magazines and blogs. The reason for including secondary sources was to add extra reliability to the results as primary sources can often have limitations. 1.3.2 Limitations of research method Limitations for this dissertation have surrounded the decision to include primary sources as often these have more disadvantages than advantages. Secondary sources were essential but, while the death of Hunter S Thompson is highly documented, there are very few sources that discuss gonzo journalism and the history behind it. This limitation meant that more primary sources such as interviews would need to be used to gain reliable research on the true definition of gonzo. Surveys and questionnaires can be invaluable sources but are time consuming and provide many issues regarding the validity. There is a question over the knowledge of the respondents answers and even a small chance that the respondent is unaware of the subject and are guess answering. The limitations of secondary sources are mainly concerned with the unavailability of enough relevant sources and those sources that are found being non-academic and some even inaccurate. Many online sources have to be double checked for validity as blogs, newspapers and magazines can sometimes be written by inexperienced writers who are not knowledgeable about the subject. 1.4 Structure The dissertation shall begin with a literature review of gonzo (This dissertation will start out with a literature review on Enterprise Resource Planning in Chapter 2. Chapter 3 is then dedicated to a literature review on Organisational Culture. The two topics will be combined in Chapter 4, first in a literature review and then in an analysis of the discussed literature. The conclusions and recommendations out of this analysis follow in Chapter 5.) 2. Literature Review 2.1 Literature review: Gonzo: a definition One reason Thompson hasnt shown up in journals much is his association with New Journalism. In a 1989 survey of critical literature about New Journalism, James Stull1 found only sixteen scholarly works that address the genre. Since then, little has been added. New Journalisms general omission from critical consideration in literary journals may exist simply because the genre is only forty years old, a baby in the eyes of academia. It is also regarded as something of a bastard child, somewhere between fiction and journalism. New Journalists are notorious for blending fact and fiction, writing through overt subjectivity, and even instigating events they report on. These factors make it difficult to point out exactly where journalism ends 1 Stull, James N. New Journalism: Surveying the Critical Literature. North Dakota Quarterly 57 (1989), 164-74. 2 and fiction begins. While gonzo might the best genre to file Thompson under, and the most commonly employed to do so, it seems a shame to do so. Gonzo, while an almost onomatopoetic hint at what to expect, is something of an Other category. Well, hes not quite this one, not quite that oneà ¢Ã¢â€š ¬Ã‚ ¦oh, lets just toss him over there. The term also carries an implied inferiority. Gonzo sounds unprepared, strung together, and madcap. Thompson himself has expressed an uneasiness with the term. I never really was entirely comfortable with the word gonzo,' he says in an interview50. It was not mine originally. Thompsons term was outlaw journalism. This is much more appealing than gonzo. Gonzo might as well be replaced with wacky. The realists (the safer group, headed by Wolfe) are concerned with intense observation and the accurate reportage of what was observed. They assume there exists a conventional, shared context between the writer and reader. On the other hand, the modernists, such as Norman Mailer and Thompson, believe there can be no single frame of reference and focus on breaking down that notion, which they see as a false assumption (192). 2.2 Literature review: the works of Hunter S. Thompson 2.3 Literature review Gonzo: the implications for practice Four years after his death, Dr Hunter S. Thompson remains one of journalisms greatest cult figures. His work created a whole new genre of journalism entitled Gonzo and his legacy still remains just as strong today as it did when he started his unique style in the 1970s. The term gonzo has more often than not been related back to Hunter S Thompson and his unique style of reporting news. The term has become increasingly popular since the creation of gonzo journalism and was even accepted into the dictionary in 2003. The Oxford Dictionary states that gonzo is 1 of or associated with journalism of an exaggerated, subjective, and fictionalized style. 2 bizarre or crazy. The first reported case of Thompson using this style was during the time he wrote the article The Kentucky Derby which was published in June 1970. The article was originally meant to be a straight sports story that told the outcome of a race but Thompson was disgusted by the decadent and depraved way in which the crowd behaved. According to his book The Great Shark Hunt, Thompson explained that he had scribbled down notes of everything he had witnessed that day and then faxed them through in a random order to his editor. The outcome was an incoherent, first-person rambling about society a s a whole rather than anything to do with the Kentucky Derby. Another journalist at the newspaper read over the article and told Thompson that his style was totally gonzo.  [1]  Although Hunter later confessed he had no idea what the saying meant, he kept it as his own. In interviews with numerous magazines since then, he has given a literary meaning of the word by saying that it followed William Faulkners dictum that the best fiction is more true than any kind of journalism.  [2]   In an interview with Rolling Stone magazine, Thompson described stumbling upon gonzo journalism as like falling down an elevator shaft and landing in a pool of mermaids.  [3]   While gonzo journalism is a popular subject in society, it is not often talked about in academic literature other than to be referenced when discussing larger movements, such as The New Journalism. (Hoover, 2009) Thompson continually broke the rules throughout his career and for a long time was rejected by many publications because of his erratic style and behaviour. In the 2007 book by Jann Wenner and Corey Seymour entitled Gonzo: The Life and Times of Hunter S. Thompson, the people closest to Thompson give interviews surrounding his controversial life. It is a biography with a difference as it gives a detailed analysis of Hunters entire life by the people who knew him best the ones he grew up with and worked alongside. A different side to Thompson is found in this book because not all the people who are interviewed particularly like him. Ex-editors and his ex-wife tell tales of his erratic drink and drug fuelled trips that ended in him not contacting anyone for days. Editors talk brutally about Hunter being unpredictable and never on time which made him virtually unemployable. The reader gets a sense of why Thompson always freelanced and even when he was doing okay; why he would get up and find work elsewhere. It sums up why Hunter remains as idolised as he still is today, the man lived his life exactly how he wanted to and did things his own way. In his own right he managed to become as famous as any rock icon of his era and all the while by using a pen and typewriter. Outlaw Journalist: The life of Hunter S. Thompson by William McKeen is another book that underlies the reason that people are still entranced by Thompsons life and personal style. This book looks closely at the relationship between Hunter as a writer and his rise to becoming a cult icon. The brutal truth that Hunter would write about offended most but at the same time encapsulated a large majority of readers. McKeen analyses Thompsons bad boy image and reputation and ties in the facts that people felt like they could trust Thompson because he spoke his mind and unveiled the darker side of a world people know exists. However, the author is quick to point out the irony of a man out of his mind on drugs talking about how much of a liar Nixon is and how the American dream was all a farce. The book delves into Thompsons dark and violent past with interviews from his ex-wife explaining that his temper was the reason why they were divorced. Like all the people Hunter met in life, there are always good stories and bad stories about him and Mckeen balances the two to create a book that shows both sides of Thompson. The work-aholic journalist who would give his all and even risk his own wellbeing to get a better story and the violent, drugged-up man who was shouting his head off while holding a shotgun. McKeens conclusions are that Hunter gave the writing world a stand-alone figure who would dare to break all the rules and take risks just for the entertainment of others. Most of the conclusion on this analysis looks back at Thompsons book Hells Angels and how he had risked his life and almost paid for it by trying to get an inside story. Marc Weingartens book, The Gang that Wouldnt Write Straight, focuses on gonzo journalism as a whole genre rather than just describing the works of Hunter Thompson. Around the time that Thompson had chiselled his unique style and found an appropriate title for it, there were already authors who had shown similar signs of creativity. Tom Wolfe and older writers such as Truman Capote had already published stories that were in many ways similar to Thompsons gonzo journalism but lacked the harsh truth that only Hunter could properly tell. The book is an interesting read because much of the books focus merely on Thompson and his career before and after the creation of gonzo journalism. This book looks at seven authors that helped shape the new journalism revolution and then each of them brings their own memories and opinions of that time into each chapter. When asked why he felt that he had become more famous out of gonzo, Hunter wrote, Wolfes problem is that he is too crusty to participate in his stories. The people he feels comfortable with are dull as stale dogshit, and the people who seem to fascinate him as a writer are so weird that they make him nervous. The only thing new and unusual about Wolfes journalism is that hes an abnormally good reporter. There are a lot of quirky parts to the book that make it different to other gonzo pieces and another reason is that the authors give their reasons behind the stories. For Hunter, this meant going into great detail about what had gone through his head for wanting to join the Hells Angels. The implications for practice today can certainly be understood from this chapter alone, as Hunter talks about his need to show the true side of human nature no matter what the outcome was to him. At the time, everyone knew the Hells Angels were no good but no-one quite knew the extent of what they were capable until Hunter had gone along and unveiled everything. In his own book Hells Angels, Thompson obviously tells the story how it was but it is fascinating getting inside the mans head to know why he wanted to report on something so dangerous. Probably another reason why Hunter remains a cult icon and gonzo journalism is still practiced today is because he constantly felt the urge to stand up to w hat most people would turn a blind eye to. Much like the way stories are found today, he was passionate about getting the truth and he would get involved with anyone with that information, just for the purpose of entertainment. Weingarten concludes that Hunters success was because he was truly different from other investigative journalists at the time because once he had locked in on a story it would consume him. That would be to the point where he would take unnecessary risks and ask questions to people who anyone else would leave well alone. Hunter got away from the Hells Angels with a severe beating but the legacy of that story remains Thompsons most hard-hitting gonzo classic. Steven Hoovers journal article, Hunter S. Thompson and Gonzo Journalism: a guide to the research, is essential for being able to find the best materials that are most relevant to researching and writing any articles on Thompsons work. As the article points out, While Gonzo seems to be a unique word at first glance, it is not as uncommon as one might imagine. Gonzo is also a surname, a Muppet, a Japanese animation studio, and a Japanese Buddhist monk who lived in the Heian Period. The research journal offers a great deal more than any Thompson bibliography could because years of literary reviews have already been carried out on the best research material by Hoover. Hoover argues that because of technological advancements of the internet it has become increasingly difficult to get hold of Hunters older material due to search results not flagging the right results up. When trying to get hold of proper gonzo journalism, search results more often than not bring up journalism websites that have a Hunter S Thompson obituary instead. Hoover successfully points the way to the most helpful resources available and gives a detailed description of the materials that are found in each of them. This proves invaluable for being able to find reliable sources that can provide academic opinions for any research articles being conducted about Thompson. In conclusion, it is a difficult task to find any academic opinion on Thompson because he was such a controversial figure. Very few academics have discussed Hunters private life and the true meanings behind gonzo journalism let alone how it has helped pave the way to journalism the way it is today. The authors who have the knowledge of Hunters career are life-long fans of his work and know a great deal about his upbringing and personality. However, it is the lack of acknowledgment surrounding Hunters involvement in forever changing the way reporters tell stories, that proves to be challenging. There are plenty of books and journals about new journalism but these merely glide over the facts about Hunters unusual style and concentrate on how he is the creator of gonzo journalism. I feel that the books I have read so far cover part of what I need to complete my dissertation but I will need to find other ways of analysing Hunters impact on todays society. 3. Methodology 4. Analysis 5. Conclusions and recommendations 6. Appendices 7. References

Saturday, January 18, 2020

High school Violence Essay

Violence is clustered within a relatively small percentage of locations, with about 60 percent of the violence occurring in 4 percent of the schools. This is about four times higher than would be expected based on national rates of crime. High schools are grouped by the nature and level of crimes occurring in the school. Four patterns emerge from this grouping: 1) No Crime, 2) Isolated Crime, 3) Moderate Crime and 4) Violent Crime. High Schools in each group are described in terms if their student population characteristics, community characteristics, and school violence prevention efforts. The results indicate that the characteristics (size, location, socio-economic make-up) of high-violence schools differ markedly from the other schools. High schools with the highest levels of violence tended to be located in urban areas and have a high percentage of minority students, compares to high schools that reported no crime to the police. They also tended to be located in areas with high social disadvantage and residential mobility. It should be noted, however, that a relatively large minority of the schools in the Violent Crime group were located in rural areas (36%), so that image if school violence is being solely restricted to central cities is not accurate. Proportion of High Schools has High Rates of Violence Analysis of the P-SDSSV revealed that about one in five high schools reported any serious violent crime (e. g. , fights with weapons, robbery) during the 1996-1997 school years. While this statistic gives a global indication of the prevalence of these crimes, it is difficult to judge from these data whether certain schools are disproportionately more likely to have high levels of violence. As long as the rate of violence in schools is greater than zero, one would expect at least some schools to have some violence. There are important implications if violence is clustered within a small number of schools. There may be specific problems in these schools that lead to high levels of serious problem behavior. Issues that arise in these environments may not resemble those in schools with lower rates of crimes. Similarly, there may be unique remedies needed to solve these problems. The types of prevention programs and/or activities that are needed to reduce the violent behavior might have to be tailored to these particular environments. Data provided in Table 1 provides estimates that measure the extent that violence is clustered within certain schools. These data compare the observed and expected number of high schools that reported a specified number of crimes to the police. As this comparison reveals, if serious violent crime had been evenly distributed across all schools, one would expect that about 45 percent of schools (100%-55%=45%) would have reported having this type of crime. Instead, only about 20 percent (100%-80%=20%) of high schools included in the P-SDSSV reported this type of crime. In other words, less than half as many schools experienced serious violent crime as expected. About four times as many schools experienced five or more serious violent incidents as would be expected if crime were evenly distributed across all schools. Similar disparities appear for the other two types of crimes. For attacks without a weapon, approximately 55 percent of the schools reported at least one incident. This was considerably lower than the 88 percent that would have been expected if these incidents were evenly distributed across all schools. for property crime, 67 percent of the schools reported at least one crime, while around 90 percent would have been expected to report this type of crime it were evenly distributed across schools. Table 2 displays an alternative way of looking at the distribution of crime incidents reported to police. This comparison is limited to schools that reported at least one crime. About 60 percent of the violence reported on the P-SDSSV occurred within the small number of schools that reported at least five violent crimes, more than seven times higher than expected. Similarly, about 14 times more schools than expected reported 26 or more attacks without a weapon (43. 4% observed versus 2. 7% expected). And nearly 42 percent of schools reported 26 or more property crimes, almost 7 times as many as expected based on school size alone. As can be seen from the crime rates for each group, the Violent Crime group has relatively high rates of all types of crimes. It has the most violence, with the highest rates of serious violence and attacks without weapon. It also has high rates of property crime. The Moderate Crime group is distinguished by relatively high rates of attacks without a weapon and property crime rates. The Isolated Crime group has relatively low rates of all three types of crimes. It does have a slightly higher rate of serious violence than the Moderate Crime group. However, the rate for both of these groups is extremely low relative to the Violent Crime Group.

Friday, January 10, 2020

Decision Making Models Essay

Managers have the responsibility of making decisions within that guide and provide direction to their organizations. Although decisions may be made by individuals, groups, or teams, it is the manager who coordinates the process of decision making. Managers make use of various decision making models to effectively steer the organizations. It is worth to noting that there is no one model or style that is always right or perfect in decision making. This is so because different people are successful and satisfied using different styles. There are two major broad models of decision making. These are the deterministic and probalistic models. The deterministic models result in good decisions with good outcomes. The manager using this model is able to get what he/she expects i. e. the out come is risk free. In probabilistic decision models, the expected results are uncertain and thus making good decision may not necessarily lead to good outcomes. The probabilistic decision making model is characterized by more concern with both the outcome value and the amount of risk each decision carries. All other effective decision making models can be classified as either deterministic or probabilistic model. The other subcategories of decision making models are mechanical, mental/verbal, analytical, and simulation. These models are classified based on such characteristics such as types, evolution in time, and availability of information (McCall M. , and Kaplan, R. (2001). ). Mechanical models take physical appearance of the object. They are used to display or test the design of items ranging from new buildings to new products. Mental/verbal models are also important and can be used to verbalize decision strategies for more complicated decision making models. The other model is analytical model which is a mathematical model and aimed at simplification, abstraction of real systems to give insight and understanding to some interested aspect of reality (Klein G. , et al. , (Ed. ) (1993). The analytical models are applicable to the deterministic systems. A simulation model is the last model that I am going to address. Simulation models are the computerized duplications of real systems and are seen to be more realistic, especially when modeling dynamic/probabilistic systems e. g. as used in aviation industry. Current Application Decision making models have assisted managers a lot in making viable decisions within the organization. The models discussed above have been implemented by individuals within organizations to come up with good decisions. For instance, the mental/verbal model has been used to aid in problem identification, in the development phase as well as the selection phase of decision making. Decision support system (DSS) has found usage in air-line management. Decision support systems and the models have been used to make decision both under risk, certainty, and even conflict in organizations. Other applications of the decision making models include the DSS for fiber optic Network Architecture Design and application of technology to cardiovascular diagnosis. Decision making models have also been used in forecasting with examples such as regression models and Box-Jenkins models. In brief, the use of effective decision making models by mangers has helped organizations to improve their businesses as a result of quality decision. The various effective decision making models used by mangers have both benefits and drawbacks or challenges associated with them. Mechanical decision making models have the advantage of being usable for experimentation. Mechanical models are credited for clearly describing the problem of system under study and thus results in innovative designs alternatives for decision making. Mechanical models also have some challenges in that they do not contain explicit relationships between the decision alternatives and dependant variables or objectives Mental/verbal models make the manager unable to experiment with them and cannot be used to show how outcomes or measures of effectiveness change with decision alternatives. It is also not possible to show how the relationships change with the decision alternatives. These models have the advantage of being easy to understand. They are also based on many years of managerial experience (Klein G. , et al. , (Ed. ) (1993). The advantages of analytical models include that they aim at simplification and bring understanding to some interested aspect of reality. They can also help to test the effects of different decision alternatives, constants and parameter values more easily than with any other type of model. They can also analyze complex problems efficiently and concisely, and in many cases provide the cheapest way to analyze these problems. Although they are the most prevalent models in use today they may not be easily accepted by managers who lack training, experience and time to use them. Simulation models have a high degree of abstraction and as such many managers do not want to work with them. The reason of this could be lack of enough training in and exposure to those models. The other reason is that trained managers may lack sufficient time to pay attention to model. Despite these drawbacks the models are beneficial in the sense that in comparison to the mechanical model they can facilitate experimentation because both the independent variables, dependent variables, constants and parameters are explicitly related by language of mathematics.

Thursday, January 2, 2020

Directors Duties Problem Question - Free Essay Example

Sample details Pages: 6 Words: 1750 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Tags: Duty Essay Did you like this example? The establishment of Shine Ltd was with the sole intent to produce industrial solvents and cleaning solutions. Appointment of the office of managing director was given to John to cover that post. During this course, the company acquired an agreement with XYZ plc a conglomerate. While still under the directorship of John the company came up with a new super glue. In his capacity as a director, he presented this to the manager with the hope that it would be supported, and the production would continue since he felt it would be a lucrative business. The board of trustees were however of a different opinion, and they ended up rejecting the project. The managing director of XYZ plc is a friend of John, and so he disclosed their intentions not to renew their contract with Shine Ltd. Their reason was that the partnership had not born as much success as they had hoped. He would, however, continue his dealings with John if only he were not attached to Shine Ltd. With this in mind, he resigned and instead formed his company, Flush Ltd. A company that later partnered with XYZ plc. The company also took up the project of manufacturing the glue Shine Ltd board of directors had rejected, and it has proved very profitable. The corporate opportunity dictates that the director is not allowed to take for themselves any business opportunity that otherwise would have been beneficial to the corporation. It falls within the fiduciary duty of loyalty applications. The conditions in the act are clearly stipulated. It becomes limited to the Director, officers, and controlling shareholders (Esser, 2007). The act specifies that it is applicable whether the transaction harms the corporation. That is to say should the director go against this rule in the process make the cooperation benefit it does not mean he gets exempted from having broken particular law. The other part of this rule is that the corporation should not have obtained information regarding the opportuni ty that was presented. In the case where the board is aware and declines to take the opportunity then the fiduciary would take the opportunity for himself. Should the rule apply however the corporation becomes entitled to the profit earning for the fiduciary from the transaction? Having considered all the activities that took place in case study this particular rule might not apply to John. While being the director of Shine Ltd, he took the idea to the board of trustees and following the rules stipulated in the Company act that would have been his responsibility. In this case, both John and the board of directors were aware of opportunity yet the board choose to ignore. With this in mind, it then becomes apparent that the opportunity would now belong to John. However, that does not mean that he gets to walk (Lowry, 2009). Section 170 deals with the responsibility of the director of an organization. In as much as they are given the top most job, this section dictates what is ex pected of them from the daily operation of the group. Section 174 deals with the responsibility of the director to exercise care, skill and diligence. Their knowledge needs to be such that they are helpful to the organization. The manager has to handle the activities of the organization about his or her skills in that position. A factor also emphasized in Section 175. The part worth highlighting would be the second rule that specifies that it would be in conflict of interest to exploit information or opportunity gotten as a result of the position they hold in the company. Section 176 talks about Duty not to accept benefits from third parties. Of note is the second part where the aspect of the third party gets explained into details. Anyone who falls within the organization as a partner of an associate falls within this section. Section 177 deals with the responsibility of the organizations director who might find himself in a conflict of interest. He has to offer the board with a de claration letter to announce the presence of a conflict of interest before they get to discover on their own. Section 178 deals with the consequences of a breach of duty. It highlights that the section 171 to 177 having the same kind of punishment should the director have breached that contract. However, section 174 makes the management have an open idea concerning what can pass as a breach of contract since it is a section open to interpretation. Section 180 deals with the parts that can be considered to be in a position to assume. Having examined the effects and the position that they take make them be applicable or be ignored depending on the location. Examining the case studies the duties mentioned above of the director were never fulfilled by John in his capacity as director of the organization. He stands liable for all accounts of the negligence of functions of the Director. He exploited the chances that they had to make better the body and instead used this privilege to ga in as an individual. The company is on the right to take legal action concerning the negligence of duties as director. The seems to be a violation of the equitable principle. That means that the data collected from the manager was wrongfully acquired. The breach of confidence in the English law gives room for a person to claim compensation for the violation of trust. The responsibility of the manager to have the clause of confidence falling within his doctrines translates to having a civil complaint. The rule applies specifically to situations where it would be unfair should the information be revealed. There exist three very fundamental aspects that would determine if a breach has taken place. Before ruling out that the case is worth being given a civil claim the three rules need to get approved to have existed. The information that is being shared should contain a certain degree of confidence. That is to say, it gets classified as being confidential. The provision of the inform ation falls into the category of imposing on the application of obligation confidence. The information received was unauthorized when being used (Payne, 2008). Considering the case study provided it is clear that the above conditions were all fulfilled. Working as the director of Shine Ltd the information that he shared with his friend would best fit this category. The information should not have been disclosed to anyone since the company owned it. While the information was being given he was working as the director of Shine. While there seems to be no documentation on the issue of permission to use this product for profit. Lack of proper authority to present the solution in this case ruling out the possibility that the process was ever legal (Payne, 2008). Section 178 talks about the enforcement of the laws that govern the directors duties. In cases where the company has incurred losses due to the actions of the director then he becomes liable as a person. The director is to be made to restore the property of the company should he have lead to the destruction of any other property under his care. The director will have to account for any of the other profits they might have made while using the secrets acquired from the organization. It, therefore, becomes necessary for the board of directors to take into account section 178(2) when dealing with John (Sheikh, 2013). The director should defend himself on the grounds that he had presented the idea to the board and he had been told it would not be approved. In as far as production of the product it was well in his duty in accordance with section 174, and 175 to take up the deal for himself. When coming up with the verdict for the case study it will be prudent to consider the case of Cooley. In his capacity in the company, he exploited the information he got from the company for personal gain. His conditions, as presented, make a clear example of the exact position that John is in with his company. Follo wing the verdict passed in the case of IDC v Cooley (1972), John should be found guilty of misuse of office and as such ought to pay the profits from the contract. It becomes irrelevant that his actions were not causing the company to lose the deal. The rule of conflict of interest stems from the fact the one might have exploited an opportunity that was rightfully in breach of his position. The opportunity might have gotten it in a way that is legal. The position John held concerning the company gave him the upper hand in the acquisition of the project. He is liable for damages regarding the section of the act that touches on conflict of interest. Following the verdict of Regal (Hastings) v Gulliver, (1942) John should be held liable for his choices. He should pay the company for the damages he inflicted using his profits he accumulated in the project that he got from the deal. The formation of Flush Ltd was for the sole purpose of making sure that the start of the contract wi th XYZ plc. John created a legal person as a shield against the legal actions with his former company. The action he took the lead to the company losing some of its clients and its long-time partner. All this he did knowing full well that his responsibilities to Shine Ltd would not allow him do what he was doing. The board of shine Ltd should also look into pursuing a lawsuit against Flush Ltd. The reason being that they have violated their position and in the process acquired some of its clients in the process. Following the case of Gilford Motor Co v Horne (1933), the court should grant an injunction against the company from soliciting Shine Ltd clients. References Ashraf, T. (2012). Directors duties with a particular focus on the Companies Act 2006. International Journal of Law and Management , 125-140. Esser, I. M. (2007). The stakeholder debate and directors fiduciary duties. SA Mercantile Law Journal= SA Tydskrif vir Handelsreg , 346-363. Keay, A. (2007). Tackling the issue of the corporate objective: an analysis of the United Kingdoms enlightened shareholder value approach. Sydney L , 577. Lowry, J. (2009). The duty of loyalty of company directors: bridging the accountability gap through efficient disclosure. The Cambridge Law Journal , 607-622. Payne, J. (2008). Legal Capital and Creditor Protection in UK Private Companies. European Company Law , 220-228. Payne, J. (2008). Legal Capital in the UK Following the Companies Act 2006. Sheikh, S. (2013). A guide to the Companies Act 2006. Routledge. Don’t waste time! Our writers will create an original "Directors Duties Problem Question" essay for you Create order