The Man With The Movie Camera Analysis

The Man With The Movie Camera Analysis Dziga Vertovs 1929 film, The Man with the Movie Camera, documents life in a Russian city while also telling a story about filmmaking. The film is a dazzling mix of imagery and technique, inviting the viewer to see the city through the eyes of the cameraman, and to share his perception of the events and visions that he encounters through the filmmaking process. This review will examine the films narrative line and its underlying themes, its use of genre and generic traditions, the cinematic techniques employed and the effectiveness of its approach to the material. At the beginning of the film, The Man with the Movie Camera defines itself as something out of the ordinary. In the opening credits, the title cards refer to the film as an experiment in the cinematic communication of visible events, executed without the aid of intertitles, without the aid of a scenario, without the aid of a theater (Vertov). From the outset, the film distinguishes itself by aiming to explore the pure essence of film-to document and record human life and activity in the form of moving pictures. The Man with the Movie Camera is split into four sections, and is book-ended by imagery relating to film and filmmaking. It opens in a cinema and closes with the lens of a camera shutting its eye. From a narrative perspective, the film is different from the norm in that it has no typical protagonist or antagonist. If a main character had to be defined, he would be the cameraman, with his main supporting character being the editor. The city and its inhabitants as a unified entity also become a major character in the film, showing how they interact with each other in the daily routine of work, rest and leisure through the perspective of the filmmaker. The movie is predominantly concerned with depicting reality, rather than dramatized fiction or re-creations of historic events. The films story is constructed in an unconventional narrative style, but is brought together through the recurring theme of the camera and the filmmaker. The events in the film take place over the course of a day, and although Vertov experiments with geographical and temporal continuity, the audience is given enough information to piece together the plot. Upon first viewing, this plot may not be entirely clear, but as Roberts confirms, The Man with the Movie Camera does have a plot (1). Each section of the film covers the different parts of the day (work, rest and leisure), and through this, Vertov establishes images which provide the visual language which is brought into play throughout the length of the film. By layering this imagery through editing and montage, and combining them with the underlying story of the filmmaker and his camera, the overarching narrative is tied together. Roberts explains that all human life is here from birth to death via childhood, marriage, divorce, wo rk, rest and play (2). This avant-garde style of filmic storytelling became popular in the form of the city symphony genre. Dimendberg explains that the genre encompasses around twenty titles and relies heavily upon montage to represent a cross-section of life in the modern metropolis (109). In adhering to this genre, The Man with the Movie Camera does away with the traditional trappings of the documentary and becomes something different. There is no narration, no conventional narrative or plot elements, but rather a succession of rhythmic imagery detailing the inner workings of a city. Graf describes the genres structure as having a dawn to dusk strategy in the search for a pure film form (79). Vertov employed many cinematic techniques to achieve the incredible momentum of imagery found in the film. These techniques included split-screen, slow motion, freeze-frame, fast motion, and stop-motion animation. The stop-motion animation sequence where the camera seems to come alive and walk around on its tripod remains startling even today. When juxtaposed with the everyday motions of human life which the film presents, it becomes clear that the camera itself has a life of its own. It has its own perception of events separate from that of the filmmaker, and separate from that of the audience. The diversity of techniques used makes the film a showcase of the power of cinema and its ability to transform everyday life into something completely different, with its own rhythm and sense of unpredictability. The editing in The Man with the Movie Camera is one of the films strongest points. There is a segment which contrasts challenging footage of a birth with that of a funeral. As one life ends, another begins. Similarly, there is a scene of marriage, with joyous atmosphere and smiling faces. In contrast, Vertov inserts a somber scene of a couple signing their divorce papers. These binary oppositions are ubiquitous throughout the film, with juxtapositions between work and play, play and rest, man and machine, and many others. The musical score also brings much life and energy to the film. The repeated themes complement the visual language that Vertov established. According to Feldman, Vertov carefully planned the musical score and may well have intended the work to be made as the first Soviet sound film (qtd in Barsam 74). The synchronicity between sound effects and onscreen action creates an impressive and exciting mosaic of audio and imagery. While the film is certainly a product of its time, it holds up surprisingly well in modern day. Barsam states that the film was well-received in the domestic and international press (74). The inventive narrative construction and the multitude of cinematic techniques placed the film genuinely ahead of its time. Vertov was successful in his attempt at documenting Russian life in a city without many of the normal elements typically found in documentaries. He managed to show an impressive cross-section of Russian society, by following the daily lives of different classes of people. The Man with the Movie Camera remains a wonderful piece of experimental cinema, and offers a fascinating view of life as it was in the Soviet 1920s.

Boy Overboard by Morris Gleitzman Essay

Characters and settings in the book Boy Overboard by Morris Gleitzman help the reader to understand the themes and issues in Afghanistan. The themes of war, freedom, oppression and hope are particularly show through the characters of Jamal and his mother and through the settings of Afghanistan and the boat. This book is written in first person point of view, which helps the reader to understand how war affects children and how women are treated in Afghanistan. Body Paragraph 1 The character Jamal shows the effect of war on children through his daily life in Afghanistan. This is show when Jamal says â€Å" There’s no smoke or nerve gas or sandstorms. I can’t even hear any explosions. Which is really good.† Pg1 This quote highlights the effect of war on the children through the language Jamal uses which shows that it is a regular occurance. The boo shows the reader how war has effected children in Afghanistan and helps the reader to understand it more as it is from a child’s point of view. The book has shown the reader how tough life is for children and the conditions that they live in, in Afghanistan. Body Paragraph 2 The character of Jamal’s mother shows the effect of freedom and oppression through her daily life as a woman in Afghanistan. This is shown through the quote â€Å"Girls playing soccer is a crime. I say. Almost as big as mum and dad running an illegal school.† This quote shows how Jamal’s mother is running an illegal school as the government does not allow women to become teachers. This is shown through the restrictions she faces which the government have made rules. The book has shown the reader what life is like for the women living in Afghanistan and how harsh the government are towards women. It has also shown the reader how very little rites women have and how many rites men have compared to women. Body Paragraph 3 The setting of the boat shows the theme hope through the challenges Jamal, Bibi and their friends face. This can be shown through the quote â€Å"Pay full price, or we turn back†¦. I haven’t got anything he croaks in a tiny voice nor have I.† This quote shows that Jamal and Bibi have a lot of hope and belief even though they have no ide where their parents are and if they are ever going to see them again. This book has shown you must have courage, hope and belief to get through tough times even though it may not be easy. Conclusion Morris Gleitzman shows the themes and issues through the characters and settings in the book Boy Overboard. The reader is shown how tough it is for children especially as on the it is always about the people smugglers but this book focus’s on how war and conflict effects children and I show shown through a young boy named Jamal.

Purchasing Americanah Essay Topics

Purchasing Americanah Essay Topics Understanding Americanah Essay Topics Picking the correct topic for a persuasive speech may be not such an easy issue to do as it might seem. Arguments always occur in a particular context. You're able to restate your argument, which is quite a common practice amongst essayists. It's possible to opt for an intriguing topic from any area of science. Psychology can give a wealth of interesting matters to discuss. For instance, a sociology professor may supply an overall topic like the effect of poverty in urban environments. The success of a research paper mostly is based on the topic, which is why many of time is spent searching for the best research paper topics for college students. Even if a particular research paper topic is getting a great deal of buzz at the moment or other individuals seem interested in writing about it, don't feel tempted to make it your topic if you don't genuinely have some kind of interest in it also. As an example, in college, you might be requested to compose a paper from the opposing standpoint. A paper is always simpler to write if you're interested in this issue, and you'll be more motivated to do in-depth research and compose a paper that actually covers the whole subject. Explain your commitments, and you're going to be the type of student colleges find immensely attractive. They are looking for a sense of maturity and introspectionpinpoint the transformation and demonstrate your personal growth. The ways students ought to be taught about their wellbeing. A lot o f students put on a uniform. The Basics of Americanah Essay Topics Always offer you concrete solution and expound to your reader why it's the ideal solution. The period Americanah is used for Nigerians who've been changed by having lived in the us. Identifying an issue and proposing one or more solutions ought to be an important aspect in your essay. If you're struggling, you always have the option to obtain help by utilizing an essay writing service such as ours. Americanah Essay Topics - the Story College application essay topics are an essential portion of an entertaining and compelling bit of writing. To compose a strong argumentative essay, students should start by familiarizing themselves with a number of the common, and frequently conflicting, positions on the research topic so they can write an educated paper. While they may initially like the thought of choosing an essay topic, they soon realize that the determination of essay topic ideas can be a bit difficult. Most students have a tendency to decide on easy essay topics by talking about themselves, doing their very best to express their special qualities and trying to stick out from the remainder of the pack. Tackle as many essays as possible and cement your spot among the famed essay writers on the planet. Essays might be lightly modified for readability or to defend the anonymity of contributors, but we don't edit essay examples ahead of publication. Colleges can tell whenever your essay is merely a form essay. The college essay is among the most significant elements of your college application. A college essay topic may or might not be freely dependent on the student based on the course and the professor. It's therefore important to cautiously consider different college essay topics. There are several persuasive essay topics to pick from to finish your high school or college assignment. You don't need to find super technical with legal argumentative essays, but make sure to do your homework on what the present laws about your favorite topic actually say. In open-ended essay assignments, deciding upon an essay topic gets crucial to the total success of the bit of writing. The ideal topic for your essay is one which is aligned with your region of study. Still, figuring out the ideal topic for your essay isn't your only concern for a student. Otherwise, you have to have a look at a number of the easy compare and contrast essay topics on the many scientific innovations. When you are finished with your essay, you must not merely check it for spelling and grammatical errors, but nevertheless, it also has to be checked for logical fallacies. Remember your essay is about solving problems, therefore a solution ought to be a highlight of the essay. In this kind of situation, it's more convenient to discover ready-made essays and use them as an example.

Supply Chain of Coca Cola - 2804 Words

Supply Chain Operations Management College internship Program COURSE SYLLABUS Intern Syllabus Supply Chain Operations Management College Internship Program Supervisor: Erik Dunlap, PhD Erik.Dunlap@ccbcc.com W: 980-321-3330 C: 980-428-2920 5001 Chesapeake Dr., Charlotte, NC 28216 Internship Description The Coca Cola Bottling Co. Consolidated (CCBCC) Supply Chain Operations Management (SCOM) College Internship Program is a unique opportunity for college students to garner handson experience and take their classroom learning into the real world as they experience CCBCC’s supply chain and operations management processes responsible for our continued success in producing and delivering the world’s best beverages on the†¦show more content†¦Interns are expected to review the material in the manual pertaining to upcoming experiences so that they are prepared to ask and answer questions. Interns are expected to arrive on time and dress appropriately for the day’s experience. Polo and T-shirts are provided to you to wear. Unless otherwise indicated, business casual is expected and start times are 8am unless otherwise specified by the syllabus or Mentor. You will be expected to present your experiences to your supervisors on a weekly basis. You will be require d to design and complete a project at the end of the internship. The purpose of the project is to identify some aspect of our SCOM processes (on your own or with the help of one of your mentors) that can be improved upon and benefit CCBCC. You will be given two weeks to complete this project and present it to senior level managers at CCBCC at the end of the internship experience at the SCO main office in Charlotte, NC. Interns will be evaluated by their supervisor and the mentors they interact throughout the internship. As we strive to provide the best experiences possible, interns will be required to provide feedback anonymously about their experience to the Director of Internship Programming. o o o Coca Cola Bottling Co.Consolidated College Internship 2 Intern Syllabus WeekShow MoreRelatedCoca-Cola Supply Chain1724 Words   |  7 PagesCoca-Cola is the world’s largest beverage company. They employee over 146,000 employees offer over 3,000 products worldwide and operate in over 200 countries. The company was founded in 1886 but it wasn’t until 1891 when an Atlanta business man secured the rights to the company that the vision of Coca-Cola was established and their expansion begun. In 1899 Coca-Cola’s first bottler relationship was established. This bottling relationship allowed the company to grow aggressively and expand intoRead MoreCoca Cola Supply Chain5515 Words   |  23 Pagesanalyzed Coca-Cola Indias supply chain with respect to the following: †¢ Inventory management †¢ Quality management †¢ Vendor management We have detailed out the practices and policies adopted in the company and highlighted noteworthy practices in this project. We have described recent trends in operations in the areas chosen. We also have identified a problem the company is facing, analyzed it and have suggested a solution for the same. Introduction The Coca-Cola CompanyRead MoreCoca Cola Supply Chain Analysis751 Words   |  4 Pages The Coca-Cola Company Supply Chain Student’s Name Institution Affiliation The Coca-Cola Company Supply Chain Introduction The Coca-Cola company is an American multinational beverage company headquartered in Atlanta, Georgia. The corporation is widely known for its leading Brand, Coca-Cola soft drink. 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Our lives moves and grows through supply chain management its part of a system in receiving our products, everyday goods, Raw materials, Packaging materials, SemiRead MoreCoca Cola Company Supply Chain2532 Words   |  11 Pages The Coca-Cola Company Supply Chain Student’s Name Institution Affiliation The Coca-Cola Company Supply Chain Introduction The Coca-Cola company is an American multinational beverage company headquartered in Atlanta, Georgia. The corporation is widely known for its leading Brand, Coca-Cola soft drink. However, in addition to the Coca-Cola flagship brand, the organization also has numerous other products and is recognized worldwide in various capacities including as a manufacturerRead MoreCoca Cola And Inventory Forecasting1112 Words   |  5 Pages COCA COLA AND INVENTORY FORECASTING Name Submission Date Course Name Institutional Affiliation Introduction Coca-Cola is a multi-national corporation that has its headquartered in Georgia, Atlanta. 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Responsiveness, however, have to consider the international business strategy that to be suitable with regionalRead MoreAnalysis Of Global Leadership Practices Fo r Coca Cola1675 Words   |  7 PagesAnalysis of Global Leadership Practices for Coca-Cola Coca-Cola is a brand that can be found everywhere. Coca-Cola has been around since 1892 and is stronger than ever. Everyone knows of their products and with over 500 non-alcoholic beverages executed to date, they are highly recognizable as one of the world’s most popular carbonated beverage companies. The Company s segments include Europe, Asia. Africa, Europe, and Latin America as well as North America (Reuters, 2016). Leadership must be doingRead MoreThe Pepsi Of Coca Cola1476 Words   |  6 PagesHistory Coca-Cola was founded in 1886 by Dr. John S. Pemberton. After creating flavored syrup, he took it to his neighborhood pharmacy where it got mixed with carbonated water. Frank M. Robinson, Dr. Pemberton’s partner and bookkeeper, is credited with naming the beverage Coca-Cola. After a couple years, Dr. Pemberton began selling portions of his business. The majority was sold to Asa G. Candler who decided to expand the product to soda fountains outside of Atlanta, Georgia. From here, he noticedRead MoreCoca Col A Unique Supply Chain System1179 Words   |  5 Pagesbeverage brand on the world, Coca-Cola has a unique supply chain system. In fact, formula Coca-Cola is held tightly trade secret and cannot know exact ingredients as well as the cost of their supplies. However, some ingredients are known as important components which are used in the manufacturing of syrup such as sugar, Carbonated water, sucrose, high-fructose corn syrup, caffeine, phosphoric acid v. Caramel (E150d) and Natural flavourings. In downstream activities, Coca-Cola uses the franchised distribution

Call And Response Of The Black Church - 1326 Words

Call and Response in the Black Church â€Å"Roll, Jordan, Roll†, â€Å"Nobody Knows the Trouble I’ve Had†, â€Å"Go Down, Moses†, and â€Å"Wade in the Water† are the titles of only a handful of what were called â€Å"Negro Spirituals†, which originated during the reign of slavery in the United States (Frey). Such spirituals used call-and-response, a method of communication that was popular with slaves who brought African traditions to America, and gave way to the gospel music and unique form of preaching characteristic to the Black Church. The history of the Black Church, which began during the slave era, demonstrates the way that African Americans found refuge in Christianity, where the church became the center for African American communities (Baer). Born out of struggle and oppression, the Black Church not only became the focus for the religious practices of African American communities, but also worked to â€Å"re-member† the comm unity through rituals such as that of call-and-response, a core element of the Black Church which served as a powerful tool for the African American community in the fight for the exercise of true freedom in America. Since its formation, the Black Church worked as a center of resistance for the African American community towards a white dominant society (Baer). In the midst of slavery within the United States, African slaves were able to find sanctuary through religion, primarily using call-and-response through spirituals while working the fields in an effort to inspireShow MoreRelatedTH131 Orals Reviewer1444 Words   |  6 Pagesï » ¿Thesis Statement #1 We are all called both personally, as individual believers, and ecclesially, as members of the Church, to share Jesus Christ by word and witness, through active commitment (Radcliffe). *We are called on by Jesus to spread his word through active commitment - God created man to name his Creation. We were created in order to serve the Lord, but at the same time, we are also made in his image - God gave humans names first (Adam, Eve) and then tasked them to help Him name hisRead MoreRacism And Heterosexism Within African American Churches1349 Words   |  6 Pages The struggle that Black churches have on homosexuality has been an ongoing battle. The issue of homophobia and heterosexism within African-American churches is a difficult one. Regardless of the complexity of the matter, it is one that the black community must address. It is, to ensure, time for the black religious leaders to truly live into its justice asserting social, political, historical, and theological beliefs which would lead to eliminating any manifestation of the sin of homophobia fromRead More`` Lifting As We Climb ``1651 Words   |  7 Pageschiasmus, but a call for uplift. The National Training School sought to take the ordinary aspects of life for black women during the turn of the century (1900s), and make them extraordinary. Through respectability politics, black Americans would denounce the n egative stereotypes imputed to them, and strive towards a new image of themselves. But, what about those defiant few, who object to respectability politics? In Randall Kennedy’s, Lifting as We Climb, he quotes Jason Riley, a black conservativeRead MoreEducational Gap For Minorities Of Low Socioeconomic Statuses886 Words   |  4 Pagesduty as the church of Jesus Christ to stand up for those who cannot speak for themselves and have their rights continually violated. The next two paragraphs detail some examples of how this can be done in regards to closing the educational gap for minorities of low socioeconomic statuses. At my home church, Tabernacle Baptist Church of Youngstown, Ohio, education was heavily emphasized. As a child, I was always taught that education was and is the way out for Black people. The church indoctrinatedRead MoreBlack Catholic Worship On The Sacred Liturgy1252 Words   |  6 PagesBlack Catholic worship as we know it today became possible in the mid-1960s when the Constitution on the Sacred Liturgy was issued by the Second Vatican Council (1962-65). The constitution opened worship to local languages and encouraged â€Å"inculturation† of the liturgy. The first U.S. Mass in English featured a hymn, â€Å"God Is Love,† by Fr. Clarence Rufus Joseph Rivers, the first African American to be ordained a priest for the Archdiocese of Cincinnati, who received a 10-minute ovation. Fr. RiversRead MoreFBOs in Civil Society1697 Words   |  7 Pagesnow. Ruzive Munetsi (44) argue that churches are involved in the political economy of the country by making use of ‘ para church agencies or Organisations’ which are the Faith Based Organisation in which they engage the government in economics, politics and social issues. The reason why the church makes use of these organisations is that they endeavor to live its prophetic call of being custodians of moral and just society. This therefore means that they are watchdogs and whistle blowers of socialRead MoreThe Black King : A Cultural Ideology Or Worldview914 Words   |  4 PagesThe Black King? (Eddie ? what period of time does the film focus on? You should mention that here somewhere ? see next line, put the year after the ?circa? meaning around that time) focuses focuses on the conflicts of African Americans in a small southern community (circa 1932 ) within the context of the oppression exerted over them by the dominant white community. The film covertly introduces Afrocentricity dogma through its storyline of the oppressive living conditions of the blacks, situationsRead MoreEs say on Birmingham 19631346 Words   |  6 PagesIn April and May of 1963, Birmingham, Alabama was a focal point for the civil rights movement. Birmingham was home to one of the most violent cells of the KKK and violence against black people was so commonplace (especially in the form of explosives) that it was referred to as â€Å"Bombingham.† It was these conditions that lead Martin Luther King to arrive and organize a series of non-violent protests in the city. These protests were relatively low key and weren’t very well attended. This was dueRead MoreThe History of Jazz Music Essay960 Words   |  4 PagesJazz was originally dance music but became listening music after the forties. It was also oral music meaning that it is not written down. The American root of Jazz is two folds, black and white. White roots can be seen in European hymns, folk Music, popular song, dances melodies and harmonies. Black roots can be found in work songs, spirituals, Gospel hymns and dances. There are several styles of Jazz, New Orleans or Dixie Jazz, Swing, B-Bop, Cool Jazz, Free Jazz andRead MoreIs Hate A Crime?1322 Words   |  6 Pagespeople who hate you, insult you, and discriminate against you.† I have never understood how people can hate other people they have never met to the extent of harming them simply because they are different. The bell rings, and my friend Tiffany, who is black, starts crying. I do not even bother to ask why because I already know that Tiffany lives in the apartments across the street and she walks home after school. Yes, she has to walk home through that cesspool of racist clansmen who are protesting the

Trade Issues Between Developed and Developing Nations Free Essays

Trade Problems 1 Trade Issues between Developed and Developing Nations Friday, January 22, 2010 Trade Problems 2 There are trade problems that exist for a less developed nation when trading with a more developed nation. These trade problems can prevent the less developed nations from maximizing possible gains from international trade. Some of these problems are temporary and resolved in time, while others are more stubborn and unable to be resolved. We will write a custom essay sample on Trade Issues Between Developed and Developing Nations or any similar topic only for you Order Now I will discuss the type of issues developing nations come across when trading with developed nations. Developing countries participating in trade lack an organized and strong monetary policy. Developing nations have problems forecasting money demand. Central banks have problems keeping records for managing monetary policy because the banks are not independent of the government. Some developing countries adopt policies such as dollarization, which allows for financial stability and lower inflation. Inventory problems in developing nations are another issue. In developing countries, inventory may be agricultural products instead of industrial products. Most of the inventory problems have to do with the food security and livelihood of the people. Developing nations have to stabilize food prices and production. They also have to balance the domestic and imported supply of agricultural products. In Mexico, pollution has increased since NAFTA was signed into law and trade between the U. S. and Mexico began. Despite its governments initial attention to Trade Problems 3 environmental issues associated with economic growth, the government did not follow through on its intentions to take care of the environment. In 1994, â€Å"real spending on environmental protection†¦declined 45%† (Gallagher, 2004). Further, inspections fell by â€Å"45% over the same period† (Gallagher, 2004). Ten years later, in 2004, there is nothing to suggest that pollution has decreased. If Mexico does not act on protecting its environment, further â€Å"environmental degradation† will continue. With Mexico’s comparative advantage of â€Å"an abundance of unskilled labor†, most firms will stay close to their â€Å"production markets† and pay the costs of environmental regulation, which are small, compared to relocating their businesses elsewhere (Gallagher, 2004). Knowing implementing regulations and enforcing them will not jeopardize â€Å"direct foreign investment† is one of the most important reasons why Mexico can and should reduce pollution and other â€Å"environmental degradation† within its borders (Gallagher, 2004). Trade Problems 4 References Bigman, D, (1986, February). The Journal of the Operational Research Society, Research on Inventory Problems in Developing Countries. Retrieved Friday, January 22, 2010 from http://www. jstor. org/pss/2582717 Gallagher, K (2004, September). Free Trade and the Environment: Mexico, NAFTA, and Beyond. Retrieved Friday, January 22, 2010 from http://ase. tufts. edu/gdae/Pubs/rp/NAFTAEnviroKGAmerProgSep04. pdf Wikipedia, (2010, January). Monetary Policy, Developing Countries. Retrieved Friday, January 22, 2010 from http://en. wikipedia. org/wiki/Monetary_policy How to cite Trade Issues Between Developed and Developing Nations, Papers

Company and Securities Law Facts

Question: Students are to research analyse and synthesise current issues facing companies, directors and boards in Australia, in accordance with those concepts and principles taught in the subject? Answer: Facts: Anthony, Ben, Catherine and Daniel are the directors of Chaser Ltd. The Chaser Ltd is a company deals in the wine bottling business. Due to the increased competition for the Chaser Ltd, business became tough, especially in Asia due to downturn in economy and the entry of new countries in the wine market. Directors of Chaser Ltd think to invest in some other business opportunities. Anthony meets Wayne, his old friend who works for a Green Energy Company in Norway, which specializes in Tidal Energy, a new form of energy, becoming popular in Europe and the USA. None of the Energy companies in Australia used this form of Energy. At the invitation of Anthony, Wayne, founder of the company Westpool Pty. Ltd., which makes tidal stream generators, comes to speak to all the Directors of Chaser regarding investment in tidal energy business. Wayne presents the directors of Chaser Ltd the 3D pictures of steam generators that his company makes. After Waynes presentation, all the Directors get impressed and find it to be a profitable business for the company and without much discussion they all agree to invest $20 Million in this venture and give the sole contract to supply Tidal steam generators to Westpool Pty. Ltd. Three months later the new business of Chaser Ltd fails, because of the discovery that the Australian Waters is not suitable for Tidal energy. The Directors of Chaser Ltd also discover later that Wayne was not an expert in tidal energy and also held a small position in company in Norway. Directors of Chaser Ltd also in the end come to know that Anthony was the major shareholder of Westpool Pty. Legal issues involved: Did the directors breach their duties under The Australian Corporation Act 2001 (Cth) and common law. Relevant laws: Common Law duties: The common law/general duties of the Directors fall into the following categories: 1. A director should act bonafide and it should be in the best interests of the company as a whole. 2. A director should exercise his powers only for the purpose, for which those powers have been conferred and not for any improper purposes. 3. A director should exercise care and diligence about the position of the company, means he is required to inquire about everything and just not accept everything, whatever is presented before him. 4. A director has the duty that he should not enter into such a situation, where his powers as a director, get restricted. 5. The director has a duty to avoid being in a position of conflict or interest. A director should not misuse or abuse the companys opportunities, which imply he should not exhaust his powers for his personal benefits. Fiduciary Duties: The Directors also have some fiduciary Duties, which are as follows: Any director should not improperly use his position for the purpose of gaining any undue advantage for either himself or someone else. Must not do any act, which can prove to detrimental to the company. Must not misuse any information, which he got on account of his position as a director, to gain any undue advantage for someone or for himself. A director has the duty to inform other directors of the company, in case of any material personal interest as well as about a conflict, which may take place in the company. A material personal interest implies any matter which is connected with the affairs of the company. Statutory Laws: 1. Section 180 (1) of the Australian Corporation Act (ACA): The test for the amount of degree of care and diligence, required of a director of a company in the discharge of his duties and the exercise of his powers would be the same which can be expected from a reasonable man in the same circumstances, if he would be the director of the company. 2. Section 181 (1) of The Australian Corporation Act 2001 requires that the directors should always act in the best interests of the company. They are deemed to be in a fiduciary relationship with the company and have to use the rule of best judgment while managing the affairs of the company (Lowry, 2012). Section 180 (1) is subject to a Business judgment rule incorporated under section 180(2) of the Corporations Act 2001. 3. Section 180 (2): According to this rule, the following elements should exist with regard to a director: His business judgment was exercised in good faith as well as for the appropriate purpose He had no material/personal interest in the subject matter of his decision. He informed other directors of the company about his judgment decision. He logically and truly believed that the decision taken by him was in the best interests of the company (Langford, 2011). Consequences of breach of duties: If a director of the company makes breach of any of the duties, which have been conferred on him as a director, either under the general laws or the statutory laws, then he is liable for the civil penalties (Gilligan, Bird and Ramsay, n.d.). According to the general rule of Equity, it is essential that the director should not allow his personal interests to conflict with his duties, as a director of the company. As explained above, under Section 191 (1), a director is duty bound to notify other directors of the company, when any of his personal material interest conflict with the interests of the company. It is essential that the director should give a notice to the board of directors, which should declare as well as include: About the nature along with the extent of the directors interest. The connection between the interest and the business of the company. This notice should be given by the director soon after, it comes to his knowledge about the interest, which is in conflict. The corporations Act 2001 (Cth) also provides for criminal offenses. The criminal offenses are contained in section 184 of the Act and are as follows: 1. When a director has either acted carelessly, or has been intentionally dishonest while exercising his duties and powers and has not acted in the best interests of the company. 2. When a director makes misuse of his position with dishonest intention or recklessly for the purpose of gaining an advantage directly or indirectly, for himself or some other person, or for causing detriment to the company. 3. When a director uses the information, which he gains on account of his position as a director, with dishonest intention or carelessly for the purpose of gaining an advantage for himself or some other or which he knows is detrimental to the company (S., 1961). As per Section 260 E, a director cannot be relieved from any of his duties provided in the sections 180, 181, 182, 183 and 184 or the fiduciary duties, with regard to any transaction just on the basis of the ground that such a transaction was authorized either by a provision under this Act or that it had the consent of the members of the company by a resolution (Tomasic, 2001). Application of law: In the given case, Anthony was a director of Chaser Ltd, conspired with his old friend Wayne, about whom Anthony knew beforehand that he was not an expert in tidal energy and also about the fact that Wayne held a small in his company in Norway. 1. As mentioned above under section 180, Anthony neither exercised due diligence nor care in discharging his duties as a director. Nor did he apply the business judgement rule. As a director of the company, it was his duty to take decisions of the company rationally and after proper inquiry about a business, before making any investment in that business, which he did not do. He neither inquired into the business of tidal energy nor about its prospects in Australia before keeping a proposal of investment into that business before the directors of the company. As per the business judgment rule, a director should make a judgment in good faith and without any personal interest in any of the companys transaction. However, in the given case, as specified Anthony was already a major shareholder in the company to whom the sole contract to supply the steam generators was given by Chaser Ltd, so he had a material interest in the investment in that company. Apart from breach of statutory duties, Anthony also made a breach of the general duties under the Corporations Act 2001 because he misguided other directors of the company and exercised his powers in an improper way, which is prohibited under general laws. Moreover, he had this knowledge that the investment into the business of tidal energy may lead to a conflict between both the companies. Also, he knew that his personal interest was in conflict with the interests of the company and in spite of this knowledge, he did not notify or declare the same to the other directors of the company, thus making a breach of general duty again. Anthony also breached the fiduciary duties, which he had towards the Chaser company as a director of the company. Since he did not disclose his personal interest in the Waynes company, Westpool Pty, where he was a major shareholder. Moreover, under section 191, as explained above, Anthony had the duty to notify the other directors through notice in a meeting about the nature and extent of the interest, he possessed in the investment and transaction with the Westpool Pty company. Instead of giving notice, Anthony acted with dishonest intention and tried to convince the other directors of the company that investment in the business of the tidal energy would be beneficial to the company. The section 191 (1) clearly provides that where a director has a personal material interest in a transaction he has a duty to declare that at a meeting of directors. A notice must be given by the director to the board of directors. Anthony never disclosed about his interest in the Westpool Pty company which was a sole contractor supplying the steam generators for the new venture of tidal energy by the Chaser Ltd. Further, section 195 (1) of the Corporations Act 2001 provides that the director having a personal interest in a transaction is not allowed to vote or participate in the process of passing a resolution on any transaction of the company. Whereas, Anthony in spite of having and knowing about his personal interest in the transaction with the Westpool Pty not only actively participated in, the board meeting related to that transaction, but also induced the other board members for passing the resolution in favor of that. Anthony would also be liable for criminal offenses incorporated under section 184 of the Corporation Act. First, Anthony acted with dishonest intent while convincing the other directors of the company for making an investment in the Westpool company. Moreover, he did not reveal the fact to the directors of the Chaser company that he was a major shareholder in the Westpool Pty. Reference can be made to case laws: ASIC v Rich (2002) 41 ACSR 72, It was held that this cannot be considered as an appropriate explanation given by the director that if a crucial duty of financial transaction was delegated to a person and the director completely relied on that person. The court held that the director acted in an improper manner and recklessly (Bostock, 2012). Regal (Hastings) Ltd v Gulliver [1967] 2 AC 134, that irrespective of the fact as to what was the intention of a person, if it is found that a person gained some undue profit on account of his position as a director of the company is liable to pay for that profit. Permanent Building Society (in liq) v McGee (1993) 11 ACSR 260; 11 ACLC 761, a strict view was taken by the court that if a director is a director of two companies and , intentionally does not reveal the lack of resources of one company in paying the loan to another company and encourage the other company for giving loan to the first company, he makes a breach of fiduciary duty and is liable for such breach. Conclusion: On the basis of the above discussion, it can be concluded that Anthony has breached his duties as a director of the Chaser Ltd. for personal benefit and caused huge loss to the Chaser Ltd. and would be liable for both civil and criminal penalties. References: Bostock, T., 2012. The Corporations Act 2001.ac, 2002(39). Gilligan, G., Bird, H. and Ramsay, I., n.d. Regulating Directors' Duties: How Effective are the Civil Penalty Sanctions in the Australian Corporations Law?.SSRN Journal. Langford, R., 2011. The Duty of Directors to Act Bona Fide in the Interests of the Company: A Positive Fiduciary Duty? Australia and the UK Compared.J Corp Law Studies, 11(1), pp.215-242. Lowry, J., 2012. The Irreducible Core of the Duty of Care, Skill and Diligence of Company Directors: Australian Securities and Investments Commission v Healey.The Modern Law Review, 75(2), pp.249-260. S., N., 1961. Delegation of Duties by Corporate Directors.Virginia Law Review, 47(2), p.278. Tomasic, R., 2001. Governance and the evaluation of corporate law and regulation in australia.Corporate Governance: The international journal of business in society, 1(3), pp.24-32.