Phillippe Jaques :: History

Phillippe Jaques When people hear the name Louis Riel, some fill up with anger, others fill up with a thankful sense of happiness, like me and my grandfather for example. Louis was Metis, this was the product of a Voyageur and Indian women having a child. The Metis were famed for their hunting and tracking abilities and were often employed individuals or groups as guides or interpreters. Their farming tradition had its roots in the Red River settlement of Manitoba. Following the massive exodus into Sasketchewan, the Metis again established farms and homesteads. The difficulties encountered by the Metis in gaining clear entitlement to their land and the intervention of land speculators when scrip was issued caused most Metis to lose possession of their farms. "York" boats played a major role in the fur trade industry as they replaced freight canoes on the main water systems of Canada in the late 19th century. They had a larger carrying capacity and required fewer men to operate them. This enabled furs to be transported faster and more economically than by canoe. It took eighteen men to run the York boats: a helmsman to give the orders for rowing, a man to steer and sixteen men to pull the oars. Sails were often used to catch favourable winds. The inland sailors who manned these boats were predominently the Metis men who worked for the fur companies. The The Voyageurs wanted to remain friends with these they married the Indian women. He was a man who stuck up for the rights of his people, such as my grandfather. In this essay I will tell you how Louis Riel contributed to the Confederation within the years 1869-1885, and how it affected my life. I was born on a very cold night on November 16, 1867. I grew up in a very poor family, we barley had enough food for my four other brothers and sisters, and my grandmother. We had to take my grandmother in our home because my grandfather, at the time had to fight with the other metis people to try to get us some reasonable rights. My grandfather, Phillippe Jaques, looked up to, and respected Louis Reil greatly, that's why Phillippe went through this journey with Louis. The reason that Phillippe respected Louis so much was because Louis Reil stood up for everything that he belived in. In 1821 the Hudson Bay company had created a union with the first nations people.

Learning from a Competitor’s Experience Essay

David Cook was known to be the father of Blockbuster Inc. In 1982, Cook founded the Cook Data Services, Inc which wholly offered software and computer devices. This company was founded in Dallas, Texas. Cook then ventured to another field of business by the recommendation of his wife. Thus, in the year 1985, Cook opened the first Blockbuster store (Microsoft Encarta 2007). Since then, the company has been hailed as one of the largest entertainment brands in the world. Blockbuster offers movie and gaming rentals on-store and online. With over 8,000 stores throughout the world, it serves not just as a rental store but also a retailer store for movies and other related media productions. To name a few, franchises of the company can be found in the United States, Canada, Mexico, Argentina, Uruguay, Ireland, Panama, Puerto Rico, UK, Australia, New Zealand, Israel, Brazil, Chile, Taiwan, Italy, Denmark, Venezuela and Columbia (Blockbuster Online). Besides its vast territory, the company also offers a wide range of selection of movies and other entertainment merchandise. Though it has just started at that time, it is the only video rental company that employs computer monitoring for its customers’ accounts. Not long, the company opened more branches in different parts of the United States where it first flourished. Later on, the company was then renamed to Blockbuster Entertainment Corporation and then further took its present name as Blockbuster, Inc. In 1987, H. Wayne Huizenga of the Waste Management, Inc. entered the company and expanded it overseas making it the largest video rental chain store not only in the United States but also in the United Kingdom. It was then owned by Viacom and after which became independent from the company (Microsoft Encarta 2007). Presently, the CEO of Blockbuster Inc. is James Keyes, former president and CEO of 7-Eleven (Yahoo Finance). The company offers a wide range of services to its clients. As has been mentioned earlier, it not only presents rentals but also retails movies and other media. Music and gaming merchandise can also be found in most of its stores. Store hours are mostly from 10:00am to midnight every day. Videos and other media are available in large quantities and a variety of formats in each store ensuring that all customer needs are satisfied. The customers can also choose from their various options for membership plans. Recently, the company has expanded not only with on-store rentals, but also by mail and via the internet, making it easy for customers who reside in places where no branches of the company are erected. The company also provides security for patronage of non-adult customers. No roughly violent films and pornographic videos are included in their broad selection. Although there are some videos that are sexy, the company ensures that no youngster could rent or buy such a movie without the consent of the parents if they have a family account. Even though Blockbuster is a fully-pledged investor company, it participates in many community affairs activities in its region. Its cooperation bears alliances involving Children’s Miracle Network and Boys & Girls Clubs of America. It also partakes in many cultural diversity organizations as well as entertainment events such as National Urban League and American Black Film Festival respectively (Blockbuster Online). Blockbuster Inc. is not the only chain of video rental stores although it is one of the competitive companies in the industry. It has its fairly viable competitors in the market both including on-ground and online stores. One of its on-ground competitors is Hollywood Video which is also a subsidiary of Movie Gallery. Just Like Blockbuster Inc. , Movie Gallery, Inc. focuses on retail stores and online subscription plans of video, gaming and music merchandise (Movie Gallery Website). Nevertheless, it is way behind Blockbuster Inc. when it comes to both in-store and online rental services. Another competitor is Hastings Entertainment, Inc which is also based in the United States. This company only operates in the domestic market. In addition, the company not only offers video, music and entertainment merchandise. It is a miscellaneous retailer of a wide variety of products from videos to t-shirts and books. It also has its website which offers its vast selection of products (Wright Investor Service). The most controversial competitor of Blockbuster Inc. is Netflix. Netflix was the pilot company to offer online service for video rentals and retailing. Due to this endeavor, it is the top online service for the said industry (Crunchbase). Nevertheless, Blockbuster Inc. tried to counter the company by building its own online rental and retailing service. From then on, although it never surpassed the quantity of members that Netflix has, Blockbuster has exceeded the number of visitors Netflix has on its website. Website Analysis Blockbuster Inc. started to embark on online rental service in the Unites States last August 2004 (Press Release). This is in counteraction of Netflix’s leading online movie rental service. The company’s website is popularly called Blockbuster Online and is somehow independent with on-ground stores. Visiting the website, observations can be formulated regarding the effectiveness and creativity of the website to online customers. The welcome page of Blockbuster Online is simple but effective. It is simple in a sense that no pop-ups can be found; there are no visual animations or advertising videos; no sounds and background music to entice the customers. Nevertheless, it is quite effective for the very reason that it uses the familial connection occurring with its customers. This can be evident through the use of a family picture in front of a television, assumed to be watching movies. It gives the customers a sense of home and belongingness. On another visit of the website, the featured picture is a woman lying down on a sofa in front of the television. These also give an idea that although movie viewing is comfortable in a family setting, it can also be done alone and still enjoy the activity. In both pictures, the people involve are holding remote controls. This very small detail gives an impression that each are about to watch a movie although if one looks at the pictures alone, the television is not visible. Furthermore, the movie guides and popcorn on the table in the pictures give a new dimension to movie home viewing. The said details represent the idea that satisfying movie viewing is not only possible in the big screens but also possible in the home. One would even be made to conclude that it would be a lot feasible and safe to watch movies in the home rather than in theatres. The color scheme of the website, with its blue, light blue, yellow and white major colors, is also very appropriate for the services it offers. The colors used give an impression of brightness and lightness of the website. It gives a serene and calming touch to anyone who visits the website. In the simplicity of the welcome page of the website, the customers may also be persuaded to think that the services it offers are practical and cheap. It makes them feel that fees are inexpensive and affordable. On the other hand, the welcome page can be seen as a very uncreative effort in designing. As one lingers longer on the page, it can be noticed that the website looks like an ordinary advertisement box in a newspaper page. This is unfavorable since it will decrease the customers’ interest in exploring more of the website. Although the welcome page is uncomplicated, it contains many promotional materials like the company’s offer for a free trial. It also presents free shipping and a step-by-step menu to help customers who are new to the website. The three easy steps to enjoy the rental service include select movies, receive by mail and return by mail or in-store exchange (Blockbuster Online). The various different links from the welcome page to the other pages of the website makes up for the simplicity of the welcome page. Complex links can be found in the different parts and corners of the welcome page. Links to a variety of web pages regarding the company are located at the bottom of the welcome page. This is very uneasy for the customers since it is in very small font sizes that it becomes unnoticeable. This part of the website includes the terms and conditions policy of the company. Nonetheless, the rent and buy movie links on the page are easy to follow. One particular detail that has caught attention is the link opening default settings of the website. In the links related to rental services and other customer-related topics such as movie categories and new movie releases, the links open on the current page. On the other hand, if the link leads to the company’s information or financial and business issues such as investing and the company profile, the link opens on a new window. This is very interesting since it implicitly draws the line between customer-related issues and internal issues of the company. Further on, the different links to the secondary websites are too many and are hard to track which may lead to the customer getting lost in the whole website. This may also be the effect of the website’s moderate organization of the links. Nevertheless, upon familiarity of the website links, customers can get used to the incomprehensible first impression organization of the website. The sign-up page of the website is simply designed too. A step-by-step process of the whole transaction of the rental service is included in a graphical and a worded method. It looks like a comic strip which accounts for its easy-to-comprehend characteristic. The big sign-up button is also interesting enough due to its large size and appealing color and font type. These properties of the page may convince the customer to sign up for a membership plan. Features of the rental service are also in the web page in brief making it a summary of the whole service that the company provides. The rent movies page is quite colorful and interesting especially for movie fanatics. It includes different categories and featured movies. In all of these categories, the movies featured all have small movie posters with the relative size of a DVD front cover. It gives a very unique influence on the customer since the customer can somehow see a glimpse of the movie. The rental page also provides a link on the procedure on how to rent via the internet. Like the rental page, the buyers’ page is also filled with the DVD front cover posters of on-sale movies. The structure also consists of different movie categories wherein the customer can choose from. However, in the buyers’ page, the movies in feature incorporate a button which adds the movie to the list of movies the customer wants to buy. Together with this element is the price of the movie. The payment terms can be done through credit card and other online wiring financial services such as PayPal. This is very secure for online clients, thus contributing with the website’s ease of operation characteristic. Another amazing element of the website is its trailers and video clips page. In this part, the customer can take a glance of the movies and also watch the trailer of the movie. It is very appropriate and efficient since most customers would first want to see clips of the movie before they rent or buy it. This amazing feature adds up to the website’s effectiveness. Some of the web pages in the site require information upload from the customers and members. Such web pages include the store locator and the contact page (Blockbuster Online). In the store locator page, the client is asked to type in the address and then a button is clicked to reveal stores near the vicinity. This is very useful for online customers who wanted to avail of in-store exchanges that the company offers. Although the feature is very simple, it has its own link page to set it apart from the rest of the website. On the contact page, the client can contact the company on certain issues such as membership and DVD issues. However, the system used is not that of a presentation method but rather an e-mail type. In this method, instead of giving the company’s contact numbers, headquarters address and email-address, the company asks the customer to input the category issue, the client’s information and contact details as well as the messages or questions concerning the company’s services. It is much like an e-mail web page where one can submit the mail directly to the company. The system that the company uses is very reliable and easy to manage for their part since they can somehow sort the mails that they receive. This method also prevents prank callers and mailers from dumping junk on the company’s telephone lines and mailbox. Nevertheless, the negative part for this process is that the customers may feel reluctant to communicate with the company since the company requires personal information from the client which can be jeopardized unintentionally. The help page is also available for the customers. In the help page, the customers can find a way to better understand the structure of the large website of the company. In this page, the customers can also clarify doubts and questions regarding rental services, membership plans and promotional materials. Similar to the rental and buyers’ page, the help page contains categories. In this page, help issues are categorized in different classifications so as to better answer the customers’ concerns. A very interesting section of the Blockbuster Online is its information page. Found on this page are the company profile, financial reports, investors page and others. It actually has nothing to do to the services that the company may offer to the clients but rather it consists of bits and pieces of the company’s needs such as employees and investors. In this page, business opportunities such as franchises and careers opportunities such as jobs for prospective employees are found. The financial reports of the company are also published on this area. It gives the company a sense of transparency for its customers. It enables the clients to see what has been happening inside the company. This is a very significant factor for such business establishments since it fosters trust from the customers. The webpage also offers a sidebar in almost all its links. For example, on the rental page, a queue list is on the right sidebar which enables the customer to view what movies he has selected for rental while on the buyers page, the customer has a shopping cart where the items he wishes to buy are listed. The sidebar also gives information on movies and other rental and retail issues. The sidebar is a good element to include in a website. Another noteworthy detail is the search engine located on the website which allows the customers to enter keywords and search the whole website. This feature is very helpful for the clients. In the help page, such search engine is also available to find answers on frequently asked questions. This gives the clients ease of access to the help page. In summary, the website is very effective in achieving its goal of reaching customers through the internet. Although the rental service via the internet and by mail is only available in the United States, the online service gives an outlook of the whole company. The layout and the consistent use of the color scheme give a unified theme to the website giving the excellent yet uncomplicated look and feel of the website. And though the web design is quite simple and moderately unattractive, it attains its goal to be an alternative and accessible way of rental service to customers in a variety of places. Service and Price Options Membership Plans and Retail Options Blockbuster Online renders two major membership or subscription plans for its customers. These two categories are Blockbuster Total Access and Blockbuster by Mail (Blockbuster Online). The only difference on the two major membership plans is that in Blockbuster Total Access, rental services include both by mail and in-store exchanges of movies while in Blockbuster by Mail, in-store exchanges are not allowed. The different plans under these two categories also vary. Blockbuster Total Access can either be premium or just ordinary. In premium, the customer has an unlimited number of in-store exchanges while in ordinary, limited in-store access is available. Regarding Blockbuster by Mail plans, the customer can order online for movie rentals and these are delivered by mail on the customer’s doorstep. Exchanges and returns of movie rentals are also done online and by mail (Blockbuster Online). Thus, in this type of membership plan, the customer need not go to a Blockbuster store. This membership plan is perfectly suitable for subscribers who do not have rental stores in their vicinity. Prices for rental services differ depending on the membership plan of the customers (see Comparison Chart). Retail services are by movie basis. Furthermore, online retail service is done via credit card or online wiring service. In addition to be able to buy movies on line, the customer has to have an account on the Blockbuster website. Prices of movies on sale depend on the movies’ producers. Nonetheless, new releases are much more expensive than old movie copies. Comparison Chart Movie Selections The company has a wide range of movie selections. It also offers TV shows and series as well as game software and music videos. The copies of movies are purportedly sufficient for its number of members and customers. However, the rental service is still subject to the availability of the movie copies. The number of copies also depends on the movie type. Classics have much less number of copies that new releases. Furthermore, most wanted videos have more copies than ordinary hit movies. The large selection of movies is simplified by the website through organizing the movies into different categories and subcategories. The major categories are action & adventure, animation, comedy, documentary, drama, family & kids, foreign, horror, music & performing arts, mystery & suspense, romance, science fiction & fantasy, special interest, sports & fitness, television, war and western. Under these categories are further subcategories of which some are listed below: Action & adventure – action comedy, action thriller, adventure drama. Science fiction & fantasy – sea adventure, swashbucklers, sword and sandal. Animation – animated musical, anime. Comedy – comedy drama, comedy thriller, dark humor, family comedy, heist/caper comedy. Documentary – adventure travel, art history, biography, history, language & literature. Drama – addiction drama, police drama, childhood drama, crime drama, medical drama. Family & kids – infant, toddler, children’s entertainment, family classics, kids’ fantasy. Foreign – Asian, Chinese, European, Filipino, French, German, Indian, Spanish, Japanese. Horror – alien invasion, ghosts & haunts, monsters, occult, nature-gone-wild. Music & performing arts – concerts, classical, dance, gospel, opera, musicals, singers. Mystery & suspense – crime, detective film, spy, whodunit, political thriller. Sports and fitness – extreme sports, Olympics, dance, diet & nutrition, yoga and Tai Chi. (Blockbuster Online). Competitor’s Information Application Blockbuster Inc. offers a lot of useful information and business experiences as well as practical guides for the establishment of a beginner. It gives insight that can be utilized in order to enter the market with security and stability. The long history and the many amendments to the company’s organization and management can be a lesson to future business establishments even in a different industry. Experienced website history is possessed by Blockbuster Inc. although they are not the first mover in the field of online rental service. Nevertheless, their advantage is that they have made possible and excellent revisions of competitors’ websites making their own website less prone to errors and negative feedbacks. It is therefore this very advantage that a new emerging business can take hold from the information obtained from Blockbuster Online. To further explain such circumstance, it is appropriate to give specific situations. For example, the simplicity of Blockbuster’s website instills over familiarity of customers which can lead to decrease of interest. Thus, if one has to build up a website on the same line of business, one has to make sure that the website include more interesting designs such as animations and video presentations. Addition of background music may also be added to increase the website’s attraction. Scroll over animations and flash presentations of step-by-step procedures may also be employed. It is also appropriate that confidentiality of customers’ information is prioritized. One very important detail that Blockbuster Online lacks must be included in this new website. This detail concern a web page dedicated for the employees of the company where every employee have access to more confidential data regarding the company. This will give an impression to consumers that the company values its own people. Furthermore, a web page containing a live chat room may be of help for quick answers of clients that regard their time too valuable to wait for questions on video rental services. The gathering of data from a future competitor of a budding business establishment is just the beginning of the many challenges and trials that the business will undergo to gain stability and prosperity. It is even the easiest way to accomplish. Data gathering is uncomplicated. What is important is the ability to evaluate the obtained data and utilize it for the benefit of one’s own company. References BlockBuster Online. —. Retrieved June 29, 2008, from http://www. blockbuster. com/. Crunchbase. Netflix. Retrieved June 29, 2008, from http://www. crunchbase. com/company/netflix. Microsoft Encarta 2007. (2006). â€Å"Blockbuster Inc. † Microsoft ® Encarta ® 2007 [CD]. Redmond, WA: Microsoft Corporation. Movie Gallery. Business Description. Retrieved June 29, 2008, from http://www. moviegallery. com/company/about. aspx. Press Releases. Blockbuster Inc. Company Profile. Retrieved June 29, 2008, from http://www. b2i. us/profiles/investors/ResLibrary. asp? BzID=553&ResLibraryID=6807&GoToPage=5&Category=27. Wright Investor Service. Hastings Entertainment, Inc. – Company Profile Snapshot. Retrieved June 29, 2008, from http://wrightreports. ecnext. com/coms2/reportdesc_COMPANY_418365102. Yahoo Finance. Blockbuster, Inc. Retrieved June 29, 2008, from http://finance. yahoo. com/q/pr? s=BBI.

School Spirit in Schools - 1768 Words

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Essay on Suki Kims Facing Poverty with a Rich Girls Habits

Charmaine Small English 111 September 17, 2012 Summary Response essay Facing Poverty with a Rich Girls Habits I always thought about what would wealthy people feel if they were in poor people’s shoes. To see how middle class people struggle with money instead of assuming everything is easy. I wondered if wealthy people would do if they went bankrupt and how that person would get back on their feet. What intrigued me to write my essay is a memoir that I read called â€Å"Facing Poverty with a Rich Girls Habits.† The Memoir is about the author named Suki Kim and the essay came from The New York Times newspaper. This woman named Suki Kims life changed instantly. In the beginning she talks about Queens, New York in 1983 where she lived†¦show more content†¦At the time when Miss Kim went to junior high she noticed how American schools are so different from Korean schools. Miss Kim also observed how people treat each other in America different from how Koreans treat each other in South Korea. Suki mentioned how Koreans in schools wore slippers to keep the schools floors clean as she compares to Queens, New York school has graffiti on the walls and has guards at the school doors searching the teenagers before they enter the school. When Miss Kim entered a English class with other Koreans she thought that she would fit in more but soon realized that she was still standing out from them. She knew that their was a difference between her and other Koreans. She said, â€Å"The wealthier Korean immigrants had settled in Westchester or Manhattan, where their children attend private schoolsâ⠂¬  (Kim, Page 93). She was in a public school where all the other poor immigrant teens went to. After awhile her family had earned enough money to move out of that neighborhood to get better housing and education. Suki had volunteered at a family assistant center as a interpreter and she got on her feet-finally adjusting to society. I think this memoir is to good read because I can understand how Suki feels. I was interested in how a rich person life changed to being a middle class or poor person. I liked this memoir of Sukis story because she put all of herShow MoreRelatedAn Analysis of Suki Kims Facing Poverty With a Rich Girls Habits581 Words   |  2 PagesSuki Kim, a South Korean immigrant to the United States, wrote an interesting article entitled Facing Poverty With a Rich Girls Habits. This article was published in the New York Times November 21, 2004. The purpose of this essay is to discuss this article and examine its key points. This essay will also include my personal attitudes towards this work and how it affected me. This brief article described Kims childhood transition from Korea to New York City. The article is framed in very drearyRead MoreFacing Poverty Essay677 Words   |  3 PagesThe Summary of â€Å"Facing Poverty with a Rich Girl’s Habits† ENG115061VA016-1126-001 (English Composition) July 22, 2012 According to Suki Kim, the author of â€Å"Facing Poverty with a Rich Girl’s habits, learning how to survive physically, emotionally, and educationally in a world that was far removed from the style of life she was accustomed to was one of the biggest challenges of her life. Kim went from having a father who was considered a millionaire, living in a mansion complete with a governess

The Epic Poem, Beowulf - A Jungian Reading of Beowulf Essay

A Jungian Reading of Beowulf The epic poem, Beowulf, depicts the battles and victories of the Anglo-Saxon warrior Beowulf, over man-eating monsters. The noble defender, Beowulf, constantly fought monsters and beasts to rid the land of evil. The most significant of these monsters, Grendel, represents Beowulfs shadow, the Jungian archetype explored in the essay collection, Meeting the Shadow. The character Grendel portrays the fallen self, which will assert itself violently if neglected, and must be overcome throughout life. The monster Grendel mirrors the part of our fallen state. Grendels ancestry leads to the biblical figure Cain, to which all evil can be attributed. Grendel represents the hidden evil of†¦show more content†¦Beowulf never finished fighting his demons. He defeated beasts in the sea, Grendel, Grendels mother, battled with the Swedes, and finally fought the dragon until his death. To defeat evil we must shed the grip that it has over us. Grendels hatred rose higher, but his power had gone. He twisted in pain, and the bleeding sinews deep in his shoulder snapped, muscle and bone split and broke (Burton 48). Beowulf disempowered Grendel by ripping of his arm. To rid ourselves from evil we must loosen its grip over us by eliminating its power. Grendel represents Beowulfs shadow. The suppressed shadow will surface to restore the imbalance in personal ity, like Grendel often surfaced from the swamp. Grendel is a symbol of the suppressed and unloved shadow, and he reeks terror on Herot to make his presence known. He represents the hidden neglected part of us. Every part of our personality that we do not love will become hostile to us(Bly 8). By storming into the mead hall and tearing the soldiers up before consuming them he represents this suppressed personality surfacing. Grendel is motivated by jealousy and anger. He is very envious and resentful towards the innocent people of the kingdom. He vents, and projects his anger onto society to restore a balance to Beowulfs personality. Grendel represents Beowulfs shadow. He is driven and motivated by the same things as Jungs description of the shadow. First of all, he represents the reaction of our shadow when it is

Why Go to Summer Program Free Essays

Name: Tham Wei Yie Matrics Number: EEE110145 Faculty: Faculty of Economics and Administration There are some of the reasons why I am interested to join for the summer program. Firstly, I can experience a new culture. While on this program, I have a chance to thoroughly experience the culture of the different country. We will write a custom essay sample on Why Go to Summer Program or any similar topic only for you Order Now This occurs through direct application as a result of living with a family native to the region, going to school with true residents of the country, and through various other means. I will find myself completely immersed within a different culture once I have arrived in the foreign countries, due to differences in the cuisine, architecture, familial tradition, and even the ways in which people carry out conversation! After having spent a significant amount of time within the country, I will become accustomed to the culture of foreign country and will find myself essentially able to behave in the manner of a local. This excellent learning opportunity typically leaves me with better understanding for people of all sorts, and can really make me feel as though I have become â€Å"citizens of the world. † After the return to my country, I will likely enjoy sharing my new culture with those around my friends and relatives. In addition to learning of the culture of the foreign country, I will become familiar with the ways of life of people all around the world through meeting other exchange students. This is guaranteed me to be amusing, and very interesting! Secondly, I will learn a new language. This is the opportunity that I have to learn a foreign language as I never had before. Being a student of going off others country is much like becoming a small child once again, and this provides the opportunity to become familiar with the language in the manner of a native speaker and I will become conversationally fluent if on a short term staying in the different environment. A new language will aid me in the future by allowing me to explore new interests, and will likely also help widen my range of future career options. Thirdly, I can meet new friends from all around the world. During the summer program, I will have meetings and trips where I can get to meet other foreign students. . It is so much fun when I am get together with them because we have so much in common. I will also meet tons of native friends in the country and will have a close relationship with the rest of my life. Most summer program are present within multiple countries within the world; as a result, I will typically have the opportunity to meet other exchange students, from a variety of countries! Oftentimes, the program will involve various outings with other exchange students, which are typically quite fun and interesting – it is incredible to see hordes of people from numerous foreign regions interacting with one another, forming friendships and promoting cultural understanding. One of the most challenging things may be ever experience, and it is wonderful to know people who are facing similar challenges during that time. The friendships one creates while on summer program are often very long-lasting – and studded with great memories! Lastly which is most important to me is personal development. I will be confronted with challenges in everyday life that I will have never before experienced. Everything is new, as the student adjusts to life within a foreign place with a completely different language and culture. Although this may seem utterly frightening, the difficulties associated with everyday life in abroad can truly teach me a countless life lessons. Even better, I have a chance to accomplish something very unique for my age – living independently for an extended period of time in a foreign country, without the aid of my natural parents. As a result of homesickness, feelings of alienation, or various other factors, I may occasionally go through times of depression, but these must be ended through when I am taking the initiative to go out and enjoy my amazing new life! Having enjoyed the good and survived the bad components in abroad, I will return to my home country with newfound strength, confidence, and self-understanding. Few other experiences can help me to gain these qualities so early on in life – that is truly the magic of summer program. How to cite Why Go to Summer Program, Essay examples

Business and Corporate Law Forrest v Asic

Question: Discuss about theBusiness and Corporate Lawfor Forrest v Asic. Answer: Introduction The Australian Securities and Investments Commission (ASIC) commenced legal proceedings in March 2006, against the Fortesque Metals Group Ltd (FMG) and its CEO and Chairman, Mr. John Andrew Henry Forest for the contravention of the sections 674(2) and section 1041 H of the Corporations Act. Mr. Forrest was accused of being personally liable to FMGs alleged misleading conduct and violation of the rules regarding continuous disclosures associated with the agreement between the FMG and the three state-owned Chinese corporations. The FMG entered into a binding contract with the China Railway Engineering Corporation (CREC) to finance and build the railway component of the Pilbara Iron Ore and Infrastructure Project. CREC is fully confident about its capacity to construct the heavy axle railway load and tends to become top construction company in Asia. According to the terms of the binding contract, CREC will undertake full risk under a fixed price agreement on the rail project (Tomasic an d Xiong 2016). During an investor conference, Forrest said that the price of the rolling stock and the railway line cannot be disclosed but it is competitive. On 23rd of August 2004, there was an increase in the FMGs share price from 55% to 70% before closing at 59% (a 7% increase). The Australian Financial Review published an article in March 2005 stating that CREC has no legal obligation imposed on it in the agreement, to build and finance the railway project. After the publication, the share price of FMG fell sharply. Australian Stock Exchange (ASX) requested FMG on 24 March 2005 to clarify the terms of the Agreement. FMG sent a copy of the agreement to ASX, where it was apparent that it did not include any agreed fixed price. Consequently, ASIC commenced legal proceedings against FMG and Forrest (Humphrey and Corones 2014). Infringement of Directors Duties Australian Stock Exchange Ltd (ASX) plays an important role in allocating capital in the Australian economy. The ASX deals with the rules regarding disclosure, which is governed by the provisions under section 674 of the Corporations Act 2001 (Cth) along with Ch 3 of the ASX listing rules. Section 674(2) lays down that it is mandatory for the listed entities to provide relevant information to the Australian Stock Exchange regarding their continuous disclosure rules. The information must be relevant to the extent that any prudent person would expect such information if it was available. The rules regarding disclosure are purported to retain the confidence of the investor by providing them with relevant information, which in turn, would facilitate the investors to take necessary decisions regarding their investments (Corones 2014). The main purpose of Australias incessant disclosure rule is to accelerate the efficacy and integrity of the capital markets in Australia by making them well-informed (Du Plessis 2016). The functioning of the incessant disclosure rules is further emphasized by the operation of section 1041 H of the Corporations Act that deals with deceiving and misleading conduct by any person while dealing in securities. According to the section, a person is prohibited from engaging in any misconduct relating to a monetary service or product that is likely to be deceiving or misleading. The statutory provision under section 52 of the Trade Practices Act 1974 (Cth) restricts a person dealing in commerce and trade from conducting in a way that is deceiving or misleading or is likely to deceive or mislead. This provision has paved the way for the aggrieved to bring legal action for damages. The courts determine whether a conduct of a person is misleading or not under section 1041 H of the Corporations Act 2002 by applying the principles stated under section 52 of the Trade Practices Act 1974 (Cth). The Australian Securities and Investments Commission (ASIC) is the supervisory body that ensures that the investors dealing in securities are not deceived or misled as stated by (Smith 2015). It also examines the announcements made in the market so that they do not mislead or deceive people. The ASIC alleged Mr. John Andrew Henry Forrest has violated the sections 1041 H and 674(2) of the Corporations Act. Mr. Forrest was accused of misleading conduct and infringement of the incessant disclosure regimes regarding the agreements in association with the Chinese corporations. In the investor conference, Forrest did not disclose the amount of the fixed price as he said the amount was confidential. However, under section 674 of the Corporations Act and as per the ASX Listing rule 3.1 any company that is a listed entity shall comply with the obligations regarding the disclosure rules even if the information is confidential by nature as stipulated by the sections (Choi et al. 2016). The company may not reveal any particular information if it satisfies the carve-out from disclosure in ASX Listing Rule 3.1, A which includes the following situations: The concerned information is an incomplete negotiation; The revelation of the information would amount to an infringement of law The information is part of a trade secret The information was created for the purpose of internal management of the entity The information was not sufficiently definite. However, none of the above mentioned situations applied to the revelation of the fixed contract amount of CREC on 24th of August. Therefore, the fixed amount constituted an essential term of the agreement and so it should have been disclosed at the investor conference. The non-disclosure of the price by Mr. Forrest amounted to infringement of his duty as laid down under section 181 and 674 of the Corporations Act (Ramsay 2015). Critical Evaluation of the Courts Decision The High Court dismissed ASICs contention that FMG and Forrest and the Board of the company while making the announcements had acted in a dishonest manner. The court concentrated more on the use of the term binding contract as to whether the term was used to misleading or deceitful manner. The term was analyzed by the court with reference to the proposed audience, which included investors and broader section of the business society (Mills and Woodford 2015). The court opined that the term did not imply that the agreement was enforceable by law. The court stated that a contract must not be assessed to be binding unless a statement regarding the legal binding of the contract has been made to the public. However, the court relied its approach on the following two facts: The contents of the Agreement was summarized precisely by the announcement The announcements made expressed the intention of the parties to constitute a binding contract ASIC further contended that Forrest has made an attempt to modify the agreement as it was not legally binding. The court declined the contention on the ground that post negotiations of the contract is not considered as a repudiation of the previous contract. It is a regular business conduct to make a better contract (Comino 2014). It was further observed that at the time when there was an increase of 7% in the share price of FMG, it was obvious to ASX from the newspaper publication that the market was not adequately informed regarding the terms of the CREC agreement in regard to the fixed amount payable to CREC. ASX should have requested FMG to clarify the terms of the agreement on 24 August itself but it did not write to FMG until March 2005. The member of the High court faced inconveniences with the manner of ASICs pleadings (Price 2014). The allegations made by ASIC during trial were regarded as allegations made on fraudulent conduct of the Fortesque. On an appeal, ASIC advanced the case on a distinguished ground altogether that the default statements made are deceptive or misleading by nature. Thus, the case that was presented during trial was based on the honesty of FMG, Mr. Forrest and the board of the company whereas the case presented on appeal concentrated on the fact that what did the default statements convey to the targeted audience (Langford 2015). It is a well-known principle that the evidence and the facts of a particular case are all relevant and imperative in the adjudication any case. The High Court was of the opinion and criticized that ASIC failed to provide relevant facts and evidences related with the case that would establish the fact that the targeted audience would interpret the term binding contract as contracts that are enforceable by law. It was an established principle that in situations where default statements were made towards the public or any targeted audience, any member within the target audience may adduce evidence that they were deceived and misled as a result of the impugned statement made (Gilbert and Fin 2013). The regulators that is, the ASX and the ASIC failed to comply with the disclosure rule that required them to ensure that the market is adequately informed. The regulators should have immediately requested for clarification of the contract terms relating to the fixed price by asking FMG for a copy of the agreement. The ASIC also failed to succeed in its contention against FMG and Mr. Forrest before the High Court as it did not include the competitive price representation in his contentions when it was apparent that the competitive price representation amounted to deceptive or misleading conduct of the Mr. Forrest (Hedges et al. 2016). In the context of the case, Forrest v. ASIC, the High Court asserted the burden is upon the appellant to prove that a statement addressed to the public include representation and also establishing the message the representation is likely to communicate to the targeted audience. The ASIC failed to adduce relevant evidence of the fact that in deed there were investors who were deceived and misled by the binding contract representation. The appellate court did not have to consider the competitive price representation as ASIC failed to plead the same (Lewis 2015). Conclusion The High Court held that Mr. Forrest and FMG had not conducted in a misleading or deceptive manner in relation to the binding contract and fixed price representation. The purpose of the statutory provisions for deceptive or misleading conduct and the disclosure regime have been incorporated in the Corporations Act to accelerate the efficiency of the Australian capital markets by providing equal opportunity to all the investors to have access to adequate and essential information about the company. Consequently, the availability of the adequate information shall facilitate the investors to take their necessary investment decisions. Reference List Choi, K.W.S., Chen, X., Wright, S. and Wu, H., 2016. Responsive Enforcement Strategy and Corporate Compliance with Disclosure Regulations. Comino, V., 2014. Australia's' Company Law Watchdog': The Australian Securities and Investments Commission and the Civil Penalties Regime. Corones, S., 2014. Australian Competition and Consumer Commission v. TPG Interney Pty Ltd., Forrest v. Australian Securities and Investments Commission: Misleading Conduct Arising from Public Statements: Establishing the Knowledge Base of the Target Audience.Melb. UL Rev.,38, p.281. Du Plessis, J.J., 2016. Corporate Governance, Corporate Responsibility and Law: Disclosure of Non-financial Information: A Powerful Corporate Governance Tool. Gilbert, A. and Fin, A.T.R.F., 2013. Breach of continuous disclosure in Australia.JASSA, (4), p.21. Hedges, J., Bird, H.L., Gilligan, G., Godwin, A. and Ramsay, I., 2016. An Empirical Analysis of Public Enforcement of Directors Duties in Australia: Preliminary Findings. Humphrey, J. and Corones, S., Forrest v ASIC:A Perfect Storm(2014).Australian Law Journal,88, p.26. Langford, R.T., 2015. Directors' Duties: Conflicts, Proactive Disclosure and S 181 of the Corporations Act. Lewis, K., 2015. ASX consults on changes to continuous disclosure guidance note.Governance Directions,67(4), p.201. Mills, A. and Woodford, W., 2015.Company Accounting. Pearson Higher Education AU. Price, J., 2014. ASIC report: The director's role in corporate governance.Company Director,30(1), p.12. Ramsay, I., 2015. Enforcement of Continuous Disclosure Laws by the Australian Securities and Investments Commission. Smith, H., 2015. Australia's Company Law Watchdog: ASIC and Corporate Regulation. Tomasic, R. and Xiong, P., 2016. Globalization, Legal Culture, and the Handling of Sino-Australian Commercial Disputes.The Chinese Journal of Comparative Law,4(1), pp.149-171.