Saturday, December 28, 2019
D PSY 345 week three individual Essay example - 694 Words
University of Phoenix Material Visual System Worksheet Matching 1. ___L__ Bill perceived the cover of his book was red even though the light changed in the various rooms in which he read the book. 2. ___I__ Mary damaged her cerebral cortex and now perceives the world in black, white, and grey. 3. ___B__ Phyllis wears only various shades of purple. Her clothes are many different types of purple, but she only wears ___________ of purple. 4. ___C__ The shade of achromatic color stays the same regardless of how much sunlight is reflected. 5. ___G__ You go to a lecture and the topic seems to focus on blue-yellow and red-green perception of color. The lecture is likely discussing ______________. 6. ___E__ The afterimage is a red heart.â⬠¦show more contentâ⬠¦These organizing principles will determine how the elements in a scene will be grouped together..The role of the Gestalt principles in perceptual organization gives everyone the ability to see objects as continues, simple, similar, and proximity. Continuation allows the human brain to look at a coil of rope as one continuos rope and ropes that overlap each other as two separate strands of rope. If a person did not have the ability of continuation simple processes would take a lot longer while a person uncoiled the entire ropes to make sure that it was one continuos rope. Pragnanz gives a person the ability to look at something in a simplier form when there are more complex ways to look at it. Such is the case with the Olympic five circles, the prananz theory gives the human the ability to see it as five rings flowing together but the brain without the ability may look at it as nine different objects that did not h ave any flow or connection to them at all. Similarity is when similar items will appear to be grouped together. Grouping can occure when there are items that are of similar shape, size, or orientation. Proximity is very important on how the brain can group similar object together and how by changing the color of some objects will redirect the brain to a different patternization. Such is the case when a block of dots that are 7 high and 7 wide. If all of the dots are the same color the perception in the brain would group them in a horizontal pattern but onceShow MoreRelatedMasculinity in the Philippines12625 Words à |à 51 Pagesis published by the Ateneo de Manila University. Contents may not be copied or sent via email or other means to multiple sites and posted to a listserv without the copyright holderââ¬â¢s written permission. Users may download and print articles for individual, noncommercial use only. However, unless prior permission has been obtained, you may not downlo ad an entire issue of a journal, or download multiple copies of articles. Please contact the publisher for any further use of this work at philstudies@admuRead MoreHuman Resources Management150900 Words à |à 604 PagesAfter you have read this chapter, you should be able to: ââ" Identify four major HR challenges currently facing organizations and managers. List and define each of the seven major categories of HR activities. Identify the three different roles of HR management. Discuss the three dimensions associated with HR management as a strategic business contributor. Explain why HR professionals and operating managers must view HR management as an interface. Discuss why ethical issues and professionalism affectRead MoreMedicare Policy Analysis447966 Words à |à 1792 PagesSubtitle Cââ¬âStandards Guaranteeing Access to Essential Benefits Subtitle Dââ¬âAdditional Consumer Protections Subtitle Eââ¬âGovernance Subtitle Fââ¬âRelation to Other Requirements; Miscellaneous TITLE IIIââ¬âHEALTH INSURANCE EXCHANGE AND RELATED PROVISIONS Subtitle Aââ¬âHealth Insurance Exchange Subtitle Bââ¬âPublic Health Insurance Option Subtitle Cââ¬âIndividual Affordability Credits TITLE IVââ¬âSHARED RESPONSIBILITY Subtitle Aââ¬âIndividual Responsibility Subtitle Bââ¬âEmployer Responsibility TITLE Vââ¬âAMENDMENTS TO
Friday, December 20, 2019
Essay on How Ottawa Charter Can Be Applied to Binge Drinking
1. Developing Personal Skills Developing personal skills is expanding an individualââ¬â¢s knowledge so that they can make wiser decisions about their health through gaining information provided and having access to the information. Developing personal skills, through attending information classes, media campaigns, and information websites can improve healthier life skills or choices for an individual influenced by binge drinking, such as thinking before they drink. Personal skills such as knowing facts about binge drinking will persuade the individual to take a better control of their problem with binge drinking and their health or to prevent it. Some areas of developing personal skills can be accessed through: - www.reachout.com.auâ⬠¦show more contentâ⬠¦People in the community or group who cannot offer professional help for binge drinkers, can participate and ââ¬Ëdoing their bitââ¬â¢ for the problem of binge drinking, by organising new letters or websites to provide information and where help can be found. ââ¬Å"Community Alcohol Action Networkâ⬠(CAAN) is an organisation which has a website that gives information about alcohol, sends newsletters about how they try to stop the increasing social and environmental pressure to drink, such as complaints. CAAN has recently filed a complaint against the ââ¬Å"Tooheyââ¬â¢sâ⬠advertisement featuring ââ¬Ëinflatable air dancersââ¬â¢ because the advertisement provides a strong appeal to children and adolescents that breach the Alcohol Beverages Advertising Code. 4. Re-Orienting Health Services Re-orienting health services is responsible for health promotion is share among all levels of society (individuals, community groups, government) and health professionals. This allows a larger range services and facilities to be created and increases access to them. Councils and the government can provide help such as counselling for binge drinkers, pamphlets in health clinics, help lines and information on their website. These information and opportunities can be promoted so that binge drinkers can have an option on improving their health and lifestyle. In South Australia, there is a 24hour Alcohol and Drug information service: 1300Show MoreRelatedEffects Of Alcohol On Young People1510 Words à |à 7 Pagesto 24 years, binge drinking and alcohol related harm is one of the leading causes of disease and injury. Therefore, it is important that preventative measures are taken to reduce the risk of young people binge drinking within Australia. Binge drinking, also known as episodic excessive alcohol consumption, is defined, as occasional excessive consumption of alcohol, however, there is no nationwide agreement on how many drinks constitutes a binge (1). Over time, rates of binge drinking have increased
Thursday, December 12, 2019
Supermarket Self Checkouts And Retail Theft ââ¬Myassignmenthelp.Com
Questions: What Are The Causes Of Coles Own Internal Brand? What Are The Causes Of The Checkout Problem In Coles Supermarket? How Does The Management Team Cause Or Affect These Problems? What Are The Effects Of These Management Problems To The Business Operations And Performance? What Are The Possible Solutions To These Management Problems? Answers: Introducation Coles Supermarkets Australia Pty Limited, commonly known as Coles Supermarket is a chain of many supermarkets owned by the Wesfarmers Company. The supermarket has its headquarters located in Melbourne, Australia but has stores in Sydney and Australia cities as well (Cleary and Lopez, 2007). Apparently, the supermarket already has around 700 hundred store in Australia which have been operational for over 100 years now. Coles has employed more than 100, 000 employees in their stores and supermarket. Apparently, it is the second largest grocery chain in Australia due to lack many supermarket chains in the country (Keith, 2012). The grocery stores and market in Australia are extremely limited in number. Therefore, the market has always been dominated by just two companies, Woolworths and Coles. However, there are other stores and supermarket coming up to fill the gap for low cost groceries in the Australian market, e.g. the Aldi grocery store which is an expansion of German grocery store . With the stiff competition currently in the Australian market, Coles, Woolworths and other local stores have to device new ways to be better than the new store, Aldi. Apparently, the supermarket certainly have to rely on their management team to make the right and effective decision to make it happen (Hamzaoui-Essoussi and Zahaf, 2011). Despite the fact that Coles has been facing immense problems with its management team, the business has to find methods of solving those problems in order for it to stay in the market (Lyons, 2007). Therefore, apart from offering their online sales, door step deliveries and other method of operations, the supermarket should invest in its management system simply because business management team is the heart of every organization. Coles Management Problems The supermarkets management team has been experiencing two main problems, they are: Coles Internal Product Brand The supermarket has a lot of challenges and struggles when it comes to its private label brand especially against Aldi supermarket. This is mainly for the supermarkets private and Home brand labels. When the business introduced its new product brand, it expected to sell large volumes of the brand but that was not the case. Aldi, rival also created its new private brand but lowered the prices way lower that of Coles brand. Therefore, that led to brand failure after a few years and later Coles had to lower its prices with very high margins to attract its customers once more. Also, there are many cases related to product recalls for the Coles supermarket, e.g. fresh Hilo milk, fresh full cream milk, packaged bread rolls, beetroot dip to name just a few of them. This means that this products may not have been reviewed effectively and proven to be fit for consumer use. This is basically a problem for the management team. Very management team in a business should ensure that the market is will analyzed and evaluated before they decide to introduce a new product in the market. In general terms, it is the responsibility of the management to approve a products success rate in the market. Therefore, Coles management team failed to ensure that the product was up for success before it was introduced in the market. Also, the management team failed to ensure that the products that were sold in the supermarket had been reviewed and approved for human consumption (Rungie and Laurent, 2012). It is the responsibility of every management team to ensure that the products are safe to be used by the consumers, e.g. by conduct product reviews to ensure quality, safety and cleanness. Check Out Problem Over a number of years now, Coles Supermarket has been using the self- serve checkout system to serve its customers. In this system, the customers are supposed to pick up their intended products, fit item into the shopping trolley or bag and check them out on their own, i.e. registered the items in the paying machine by themselves (Dwivedi et al, 2010). However, this type of system has created increase in customer unrest in the supermarket. The system has also caused other problems like: Increase in theft and shop lifting cases Time wastage for customers because of the long queues made to record the items. The customers are made to wait for a long time before they actually check themselves out The system increases the chances of making the customer unhappy because they are not physically served by a person but a machine There are chances that different types of customers arrive at the supermarket, e.g. thieves Increase in customer service machines breakdown The introduction of any technology, product, service or anything else related to a business is the responsibility of the business management team. Business managers have the responsibility of making business decisions, either final or debatable decisions (Taylor, 2016). Therefore, for the case of Coles Supermarket, the management team failed to make the right decision in relation to the type technology to be used by the business. Apparently, the business was not really ready for the new technology to be implemented in its operations but still was (Hol et al, 2014). Additionally, the technology itself was not effective or efficient for implementation but the management still implemented it in the supermarkets system. This means that the management team did not conduct enough research before it approved the usage of the technology or rather they thought that the tech logy would be effective for the Supermarkets operations (Price, 2011). However, the team was wrong and therefore has bee n causing a lot of damage to the businesss operations. A research program is an activity/schedule plan that helps an individual in completing a certain project or research. The research plan indicates the time, the place and the person in charge of performing the activity. In this research, the following plan will be used: Research Question The first step was identifying the research question to be studied. The question was supposed to relate to decision making and problem solving subject. This meant that the topic was to be related to business management issues, especially those that touched on decision making processes. Research Background This will involve identifying the company to use for the research and learning all about it. Therefore, the researcher will research on the businesss history of origin, the products or services they offer, the type of management structure used, its competitors and the different kinds of problems facing it (Bryman and Bell, 2015). Apparently, I was able to identify Coles Supermarket. Hypothesis In this step, the researcher was able to identify the research questions for the topic. The questions were supposed to touch on the identified problems faced by the business chosen. Also, the questions were supposed to concentrate entirely on the management problems facing the business chose, i.e. the management problems facing Coles Supermarket. Literature Review This activity involved researching deeper on the identified business and its business operations that relate to the topic. During this activity, the researcher was able to review different information material sources, e.g. (journals, books, Google scholar and other online materials with an aim of finding any information data that was related to the topic. From the literature review, the researcher was able to give more details on the topic in question, but in relation to the business identified. The research review helped the researcher analyze and evaluate the issues studied and relation to the business in question. Result This step was meant for concluding the research by listing down the results or the findings. The results were used to provide the causes of the problems and give suitable recommendations for the research. Also, the finding were able to answer the research questions. Research Every business management team is always challenged by different challenges and problems that hinder success of its responsibility. A management team should be made up of experienced, skilled and individuals with expertise. This is because the management team is mean to lead, direct, organize, plan and control all the business operations. This means that the managers are expected to make the decisions and ensure that they are adhered to. However, these decisions should be focused on increasing the business performance in all fields, i.e financial, production, procurement, human resource, supply chain, logistics. All of these fields, are managed by a manager or a group of managers who are responsible for all the activities that are conducted there. In that case, it is important to note that if the decisions made by the management team are wrong, then the whole business will be affected. For instance, Coles Supermarket has been facing challenges with its private product brand and the checkout system installed for its customers. From the research, the supermarket has been struggling to improve the performance of its private product brand without success. This is because the brands quality is not as high as that of its competitor, Aldi. Additionally, the price set for the brand are extremely high compared to those of Aldis. Therefore, these negative characteristics of the brand technically fail to attract customers and instead they drive them away (Faulkner et al, 2014). Also, the self-serve checkout system that Coles uses is not effective, instead it causes more additional problems especially towards the customers. From the research, it is the managers responsibility to ensure that the decisions they make are to improve the businesss performance (Griffith, 2010). The decision to introduce new private brand, price setting and the usage of the self-service checkout syst em was made by the management team. However, their poor decision making, analyzing and evaluation processes proved to be wrong after those decisions failed to succeed. Therefore, it is the responsibility of the managers to ensure that all the business operations are conducted in an effective and efficient manner by being able to make right, effective and efficient decisions to be used in the business operations. Findings Coles Supermarket is one of the largest supermarkets in Australia. However, the supermarket has recently been providing high priced groceries despite the notion that the grocery supermarkets provide cheap, affordable and high quality products (Attila, 2014). The supermarket faces some very serious challenges especially caused by its management system. Coles management team has actually failed to make the right, effective and efficient decisions over the last number of years which has led to the emergence of problems like problems on private product brand and problems with the checkout systems installed to be used by customers (Becker, 2011). From the research, it is clear that the businesss private brand is technically not the customers best or first choice because of its low quality and high price. Due to this, the customers have increased their preference to Aldis private brand which is of better quality and low priced (Cousins and Fels, 2009). Also, Coles self-service checkout sys tem has caused different problems like customer time wastage, long waiting hours for customer to be served, customers are not happy and increase in theft cases. I can say that this is all the managements fault because they are the people who approved the introduction of the new private brand as well as the usage of the self-service checkout technology. However, all of these decisions were not effective as they should hence leading to failure and business problems. Alternatives And Recommendations One of the alternative for Coles Supermarkets is to change the management team completely. The business owners and the stakeholders should consider replacing the management team completely or partially (Stiegert and Kim, 2009). This will provide a vacancy for a better managers who are ready to make tough but good decisions. Also, the supermarket should try and improve the quality of its product brand for it to be worthy of the price set. However, the best alternative is to lower the prices of the product for as long as possible and as it improves the quality and when the brand acquires loyal customers, it can increase the prices a little (Dixon, 2007). Also, the managers should get rid of the checkout system installed and instead use human labor to serve the customers. Conclusion Every business requires a good, experienced and skilled management team. The managers of a business are the hearts of the business, therefore, when they fail in their management responsibilities or their decision making roles, then the business fails as well. In that case, Coles Supermarket should hinder to the recommendations listed in this report so that it can be able to solve its management problems and improve its performance. Through this, it will be in a position to beat its main rival, Aldi and lead the market, References Attila, S., 2014. Testing brand value measurement methods in a random coefficient modeling framework.THE ANNALS OF THE UNIVERSITY OF ORADEA, p.1067. Becker, J., 2011. Evaluating a complex and uncertain future.World Futures, economics, pp.30-46. Bryman, A. and Bell, E., 2015.Business research methods. Oxford University Press, USA. Cleary, R.L. and Lopez, R.A., 2007.Is Wal-Mart Good for Competition? Evidence from Milk Prices(No. 101). University of Connecticut, Department of Agricultural and Resource Economics, Charles J. Zwick Center for Food and Resource Policy. Cousins, D. and Fels, A., 2009. The Re-emergence of Prices Surveillance.UNSWLJ,32, p.287. Dixon, J., 2007. Supermarkets as new food authorities. InSupermarkets and agri-food supply chains: Transformations in the production and consumption of foods. Edward Elgar Publishing. Dwivedi, A., Merrilees, B., Miller, D. and Herington, C., 2010. Building Customer-Equity in Supermarket Retailing. Faulkner, G.P., Livingstone, M.B.E., McCaffrey, T.A. and Kerr, M.A., 2014. Supermarket own brand foods: lower in energy cost but similar in nutritional quality to their market brand alternatives.Journal of human nutrition and dietetics,27(6), pp.617-625. Griffith, R., 2010. Rethinking change.Tackling wicked problems through the transdisciplinary imagination, pp.251-259. Hol, A., Mubin, O. and Ginige, A., 2014, August. Proposed business model for SME farmers in peri-urban Sydney region. Ine-Business (ICE-B), 2014 11th International Conference on(pp. 137-144). IEEE. Keith, S., 2012. Coles, Woolworths and the local.Locale: The Australasian-Pacific Journal of Regional Food Studies,2, pp.47-81. Lyons, K., 2007. Supermarkets as organic retailers: Impacts for the Australian organic sector.Supermarkets and Agri-Food Supply Chains: Transformations in the Production and Consumption of Foods, pp.154-172. Price, R.A., 2009. Down the aisle: the effects of technological change on retail workers skills. Rungie, C. and Laurent, G., 2012. Brand loyalty vs. loyalty to product attributes.Quantitative Marketing and Marketing Management,2012, pp.423-444. Stiegert, K.W. and Kim, D.H., 2009. Structural Changes in Food Retailing. Taylor, E., 2016. Supermarket self-checkouts and retail theft: The curious case of the SWIPERS.Criminology Criminal Justice, accounting, pp.552-567. Hamzaoui-Essoussi, L. and Zahaf, M., 2011. The organic food market: Opportunities and challenges.ORGANIC FOOD AND AGRICULTURENEW TRENDS AND DEVELOPMENTS IN THE SOCIAL SCIENCES, p.63.
Wednesday, December 4, 2019
Green Marketing Campaign in Fiji
Question: Discuss about the Green Marketing Campaign in Fiji. Answer: Summarizing Green Marketing Promotion It is an account of the success story in green promotion and campaign attempted by an US based company with its manufacturing unit in Fiji. In fact, the water bottle based enterprise was one of the very first companies, which ventured into the market with an innovative setup (Bowman d'Estries 2015). FIJI Water LLC was to commercialize the artesian water available in Fiji in different parts of the world. Primarily termed as Natures Best, as the water was availed one of the natural sources, which was an aquifer dated 4500 years old from the Yaqara Range of the Nakauvadra Mountains in Fiji (Jeong, Paek Lee, 2013). The annual consumption of bottled water globally accounted to more than 45 million gallon, which enabled FIJI Water LLC to rope in and sustain with their innovative and sound idea of releasing the footprint. FIJI Water LLC incorporated some strategies that helped in influencing the marker to purchase their product. The adopted strategies are: The market segmentation primarily focused on the positive impact of natural resources, which was corroborated with the health conscious group of people. It also appealed to the fitness and health experts who finally could count as an almost equal alternative to carbonated soft drinks. The objective of making drinking water as one of the trendy products was huge success among the youngsters. This was the key to its revenue and demand demographics of bottled water in USA (Fitts, 2016). The social marketing campaign was one of the major factors for the success of this campaign. This is in relation to the effective marketing within the press, in terms of advertising by fitness brands, carbon reduction promotional procedures, and celebrity promotion techniques and of its high mineral value. The skillful and smart packaging which had a blue cap along with a green body and coherent pricing, FIJI Water LLC was one of the most important determinants of the green marketing strategy. The distributional strategies with the optimum utilization of both the online and offline areas along with its promotional opportunities in various high profile events like the Oscars, with the objective of affordable luxury water ( Jones, Murray Overton, 2017). One more reason that is important is its collaboration with the Carbon Disclosure Project, which has been accepted as the healthy strategy for its PR actions, which also includes the recycling phenomenon. It itself was suggested in its tagline, every drop is green (Jones, Murray Overton, 2017). The Reaction Quality of Fiji Green Marketing Campaign The restrictions on the development of such an innovative idea of the reduction of the carbon impacts related to the bottled water products was very surprising and disappointing , therefore by the virtue of this challenge, they introduced the green marketing campaign , a unique marketing technique which will be the initial steps in protecting our environment (Jeong, Paek Lee, 2013). The attempts that are adopted by the bottled water associate; Fiji Water LLC is a very noble approach, which has been one of the important features that are to be considered while determining the success and operational policies of the enterprise. The incorporation of a healthy phenomenon is significant in nature for a corporate concern. It has eventually reacted with the surrounding agents in terms of its demand, vendor, targets, production etc. The presence of the several beneficial structures, which are necessary for the survival of its production and marketing campaign on a global perspective, reacts with the culture and state of the business. References Bowman, D., d'Estries, G. (2015).U.S. Patent No. D722,872. Washington, DC: U.S. Patent and Trademark Office. Fitts, S. (2016).U.S. Patent No. D748,487. Washington, DC: U.S. Patent and Trademark Office. Jeong, H. J., Paek, H. J., Lee, M. (2013). Corporate social responsibility effects on social network sites.Journal of Business Research,66(10), 1889-1895. Jones, C., Murray, W. E., Overton, J. (2017). FIJI Water, water everywhere: Global brands and democratic and social injustice.Asia Pacific Viewpoint.
Thursday, November 28, 2019
Sunday, November 24, 2019
The Wounded Warrior Project Essays
The Wounded Warrior Project Essays The Wounded Warrior Project Paper The Wounded Warrior Project Paper The Wounded Warrior Project The Wounded Warrior Project (WAP) was started in 2003 in Ranked Virginia by John Amelia. During Johns tour his Marine Corps helicopter crashed killing four and injuring 14 more including himself. His experience coming home opened up many gaps in service delivery to wounded military members. To help fill in these gaps John created WAP in his basement with 50 dollars. Today WAP is one of the nations most recognized and fastest growing veteran service charities. Amelia brought together a group of people and raised $5,000. With that money they put together backpacks filled with comfort items (underwear, socks, calling cards, a CD player, t-shirt, and a pair of socks). For John it was easy to decide what to put in the backpacks because it is all the stuff he wanted when he returned home. In an article written by John he explains how the backpacks were a hit When I delivered those backpacks, they just caught on like wildfire, and got a call three or four days later from a guy at Bethesda and Walter Reed and he said, Can you get me any more of those? (Amelia n. P). The backpacks handed out by John and the WAP brought great success. John goes onto say how the backpacks was the major stepping stone to push WAP to the next level it just turned into so much more because every time we went there, warriors were inspired by stories that told them about other wounded veterans (Amelia n. P). Just like any other charity, the Wounded Warrior Project is to give help and bring awareness to people in need. In Wops 2012 annual report they state their purpose To raise awareness and enlist the publics aid for the needs of injured service members; to help injured servicemen and women aid and assist each other; and to provide unique, direct programs and services to meet their needs (WAP 2012, p. 6). The Wounded Warrior Project focuses its programs under four categories, mind, body, economic empowerment, and engagement. Mind programs include Project Odyssey and Restore Warriors, which help soldiers readjust into civilian life. The main body program is Soldier Ride, which helps maximize rehabilitation so soldiers can return to their normal lives faster. Economic Empowerment allows wounded warriors to pursue their economic goals by providing higher education programs and information technology training. Last but not least the Engagement programs are focused on keeping the wounded warriors involved with the charity. All of the programs outlined above can be found and explained in greater depth at www. Underproductions. Org/programs. Since Wounded Warrior Project was founded in 2003 their finances have grown at an exponential rate. In Wops 2013 annual report on page 28 lies the financial report. Outlined where assets accumulated to $1 77,862,039 and the total liabilities and net assets equaled to SSL 911 Thats an imaginable jump from $5,000 dollars just ten years earlier. With everything that WAP has accomplished and all the money raised there of course will be doubts. An article written by Tim Make goes in depth about some veterans feeling like Wounded Warrior Project is too concerned with raising money, then with actually helping the veterans. An interview held by Make and an unnamed veteran brings some light on this topic Theyre more worried about putting their label on everything than getting down to brass tacks. Its really frustrating (Make n. P). The veteran then goes on to say that he has never oaten any real help from WAP, only a backpack with razors, shaving cream, and socks. This makes you wonder, with all of the money raised by WAP, why did this veteran get so little and no real help? There are many ways for someone to help add donations to the Wounded Warrior Project. For me the most successful would be to organize a state wide run through a major city (Detroit). To enter in this run you will have to donate at least $10 to WAP. I feel like a running event would be optimal due to the previous success of other organizations using fundraisers that are similar.
Thursday, November 21, 2019
Company Law contracts Essay Example | Topics and Well Written Essays - 2000 words
Company Law contracts - Essay Example However, in Twycross v Grants1, Cockburn CJ went so far to state that a promoter is one who undertakes to form a company with reference to a given project, and to set it going, and who takes the necessary steps to accomplish their purpose2. In Whaley Bridge Calico Printing Co v Green3 Bowen J explained that the term promoter is a term not of law, but of business, usefully summing up in a single word a number of business operations familiar to the commercial world by which a company is generally bought in to existence. A promoter is an agent of the Company, as someone cannot be an agent of a non-existent principal Kelner v Baxter4. He is not a trustee (Re Leads). However, a promoter can be regarded as a Fiduciary (Finn, Fiduciary obligations 1977)5. Fiduciary obligations are duties owed to a third party to act with 'loyalty and good faith in dealings which affect that person' (Penner 2006). This means that the duty to act more than just acting honestly and fairly but rather the fiduciary 'must act to secure his principal's best interests and must not follow his interests. Lord Cairns LC explained the particular position of promoters as opposed to other type of fiduciaries such as trustees and directors in Erlanger v New Sombrero Phosphate Co (1878): They stand on my opinion, undoubtedly in a fiduciary position. ... They has in their hands the creation and mounding of the company; they have the power of defining how, and when, and in what shape, and under what supervision, it shall start into existence and begin to act as a trading corporation. The core duty of a promoter is not to make a secret profit from his position. In Kelner v Baxter6 promoters of a hotel company entered into a contract on its behalf for the purchase of wine the company, when incorporated, ratified. The wine was consumed but before payment was made the company went to liquidation.7 The promoters, as agents, were sued on the contract. Erle CJ, rejecting this argument and holding the promoters personally liable. It was exemplified by Natal Land & Colonization Co v Pauline Colliery Syndicate8, which the court from enforcing a pre-incorporation contract prevented the company made on its behalf. In Erlanger v New Sombrero Phosphate Co, a syndicate purchased a mine for 55,000.The syndicate then formed a company an through a nominees sold the mine for it for 100,000 without disclosing their interest in the contract. The mining operations were fruitless and the shareholders removed the original Directors and the new board successfully brought an action to have the sale rescinded. In Salomon v Salomon & Co Ltd9, the House of Lords took the view that if the Board was not independent, disclosure to all material facts should be made to the original shareholder. But note that in Gluckstein v Barnes10 the House of lords refined the duty further by holding that disclosure to original shareholders will not be sufficient if they are not truly independent and the scheme as a whole is designed to defraud the investing public11. As with directors, a promoter of a company selling property
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