The Middle Passage By Olaudah Equiano - 853 Words

The Middle Passage was a triangular route that was frequently used by many European nations who engaged in the Atlantic slave trade of millions of Africans. One such African slave was a man by the name of Olaudah Equiano, who s autobiography spoke of the mortality rate on slave ships, what he and his fellow slaves thought of their European captors, and what their captors thought of them. According to our textbook, the mortality rate on slave ships was varied quite a bit. It was usually only around 15%, but sometimes was so high that by the time the ships reached their intended destination, half or more of the slaves aboard the ship were dead (Roark, Johnson and Cohen, The Atlantic Slave Trade and the Growth of Slavery). According to Olaudah Equiano s autobiography, this was due to a number of things. First, the living conditions on the slave ships was horrendous and as a result many slaves either got sick or contracted diseases. This was a big problem because European slave traders would pack the slaves into very small holds on the ship which resulted in overcrowding. This coupled with the hot weather these ships operated resulted in the illnesses and diseases spreading faster which caused many slaves to die quite rapidly. The second reason for the high mortality rate of slave ships was due to the fact that many slaves killed themselves trying to escape. Slaves frequ ently tried to escape the ship by jumping off the ship into the water. The problem was that many slaves didShow MoreRelatedOlaudah Equiano The Middle Passage Analysis839 Words   |  4 PagesOlaudah Equianos The Middle Passage Olaudah Equianos The Middle Passage is a testament to the cruelty and wickedness of men. It is clear that Equiano was a slave in another household in Africa and was sold and placed on the ship to be sold to another master in another country. From the time Equiano boards the ship, he finds the white men or crew he encounters as bad spirits and does not know what to make of their widely differing complexions, long hair and different language. From EquianosRead MoreThe Interesting Narrative Of The Life Of Olaudah Equiano, By James Sweet And Katrina Thompson901 Words   |  4 Pagesto focus my research around slaves being treated as sub-humans in the Middle Passage. After reading the works of James Sweet and Katrina Thompson, it is evident that the slaves were treated as commodities, rather than human beings. My research will center on the book The Interesting Narrative of the Life of Olaudah Equiano by Olaudah Equiano, in which the author recounts his experience as a slave going throu gh the Middle Passage. Other works such as Ring Shout, Wheel About The Racial Politics of MusicRead More Jessica Rodriguez Essay1364 Words   |  6 PagesAccuracy in Equiano’s Novel Olaudah Equiano’s autobiography, The Interesting Narrative of the Life of Olaudah Equiano, or Gustavus Vassa, the African, Written by Himself, has become a very important piece of literature. Equiano established a new type of literature with this novel. It was the first autobiography/slave narrative ever written. Many other slaves, such as Fredrick Douglass, followed his example in writing autobiographies or slave narratives. Equiano not only gives detailed descriptionsRead MoreSummary : Free Slave Voice 1397 Words   |  6 Pagessurvival at Auschwitz. In order to correct unjust or evil, we who stand by and say nothing must speak up, be heard, and be understood for we are many and evil is few. (OE) after reading the excerpt of â€Å"The Interesting Narrative of the Life of Olaudah Equiano, or Gustavus Vassa, the African,† it was then necessary to read the complete text. Upon completion of the reading, I found that it was somewhat troublesome because there is not a sense of urgency in the tone of his writing to help his fellow NegrosRead MoreTriangular Trade Route And The Middle Passage Essay1042 Words   |  5 Pagesspecific goods, like rum, in return for African slaves. The transfer of the slaves was referred to as the middle passage. The middle passage was a harsh and aggressive way of trading African slaves for economic use. The use of African slaves may have been a short term success for the American people however, the long term effect was horrific. Slave trade dates back to Ancient Europe, so the Middle passage shouldn’t be anything different from the norm. However, this was a harsh and gruesome way of tradingRead MoreEquiano s Depiction Of His African Brethren And Their Place1205 Words   |  5 Pagesâ€Å"Discuss Equiano s depictions of his African brethren and their place/role in society on both sides of the Atlantic. For example: What is life and slavery like in Africa? In America? How is life different for slaves and free black men in America (is one better or worse according to Equiano)?† Samuel Jeffcoat AMH2010-16Spring 0W59 February 26, 2016 Life for Equiano was an emotional roller coaster. He was overwhelmed by turmoil and rejoice as he was separated and reunited with his familyRead MoreEquiano s From The Interesting Narrative Of Olaudah Equiano980 Words   |  4 PagesOlaudah Equiano’s â€Å"From the Interesting Narrative of Olaudah Equiano† is written with the intent of ending the slave trade and aiding the abolitionists’ movement. His narrative tells his personal story of kidnapping, being sold into slavery and his experience in the middle passage. According to this account Olaudah Equiano grew up in Africa with a large family. He was captured and sold into slavery at age eleven. As an adult he became an opposing voice to slavery. This autobiography was publishedRead MoreEssay on Olaudah Equiano1220 Words   |  5 Pagesfor the stories past down from generation to generation or the documentations in historical books, the history of the twelve million African slaves that traveled the â₠¬Å"Middle Passage† in miserable conditions would not exist. Olaudah Equiano contributes to this horrid history with The Interesting Narrative of the Life of Olaudah Equiano. Through this narrative, the appalling personal experience of each slave is depicted. He accomplishes his rhetorical purpose of informing the world of the slave experienceRead MoreOlaudah Equiano s The Slave Of The European Essay1711 Words   |  7 Pageseating. This indeed was often the case with myself † Teasley 4 (quizlet.com). Olaudah-Equiano’s previous master treated him with respect and really took care of him, however once he was a slave of the European’s he and all of the other slaves were treated inhumanely. Once Equiano enters this environment, he was immediately terrified because he was not use to the form of treatment he was receiving. In addition, Equiano thought of jumping off the ship, but the slaveholders watched him and others tooRead MoreAn Analysis of Olaudah Equianos The Middle Passage1019 Words   |  4 PagesMiddle Passage by Olaudah Equiano One of the most interesting arguments that modern apologists makes for the practice of race-based slavery in the Americas is the fact that slavery existed in Africa during that time period and that Africans were complicit in the Trans-Atlantic slave trade. What is fascinating about Olaudah Equianos discussion of the Middle Passage is that, as a man who had been enslaved in Africa prior to being shipped as a slave to the Americas, he was in a unique position

Pan Africanism The Black Social, Intellectual, And...

Pan-Africanism Pan-Africanism signifies the difficulties of black social, intellectual, and political notions over a two hundred year span. What establishes Pan-Africanism, on the basic level, is the unity of Africans worldwide. Pan-Africanists believe that the African people in its entirety, which includes the Diaspora and the African continent, does not just share common beginnings but also a common destiny. (Asante, 1976, p. 97) This ideology of an intertwined past and future of all the African people has however took many forms, as different thinkers feel that there are different methods in achieving African unity. Three great thinkers, W.E.B. DuBois, Marcus Garvey, and Malcolm X, were all leaders of their own Pan-African movement which each contained their own element in achieving Pan-Africanism. DuBois took a more academic stance which included the utilization of the elites, whereas Garvey and Malcolm X were more so grassroots organizers as they believed in the bottom-up decision making rathe r than top-down. To commence, Dr. William Edward Burghardt DuBois, better known as W.E.B. Dubois, is acknowledged as the â€Å"Father of Pan-Africanism.† (Esedebe, 1971, p. 84) One of DuBois first movement towards Pan-Africanism was his idea of the â€Å"Talented Tenth.† He felt that in order to save the Negro race it must be done by exceptional men. (Franklin, 2011, p. 301) Dubois believed that the development of the Negro race must be done through college education. This involved writingShow MoreRelatedThe Pan African Significance Of The Obama Administration3061 Words   |  13 PagesThe Pan-African significance of the Obama administration, Obama the offspring of a Kenyan engulfed in a bi-racial reality (thus rendering him sensitive to multiculturalism) who fulfills the dream of an oppressed people, has been the perceived unification of both the African continent and the diaspora. However, the term Pan-Africanism comes to stir strong feedback because there is no consensual agreemen t on what it is. W.E.B. DuBois, in the 1930s, defined Pan-Africanism as a movement aimed at anRead MoreAcademic Freedom For A Bachelor s Degree Computer Science1502 Words   |  7 Pagesdiscourse of academic freedom. Nonetheless, Malawi was not unique. A popular case is that of the world renowned Kenyan novelist, Ngugi wa Thiog’o who quickly came in conflict with the Kenyan government in 1969 hence arguing; When we, the black intellectuals, the black bourgeoisie, got the power, we never tried to bring about those policies which would be in harmony with the needs of the peasants and workers. I think it is time that the African writers also started to talk in the terms of these workersRead MoreThe Struggle For African American Liberation1242 Words   |  5 PagesIn the early 1960s, when both men entered the struggle for African American liberation, it were the factors that set them apart that shaped both their outlook and the way they contributed to fight for Black empowerment. While Malcolm rose to fame by means of fierce attacks on Whites, Carmichael participated in non-violent workshops to prepare himself for his participation in the Freedom Rides. The first time Stokely encountered Malcolm X in person was during an event at Howard University in 1961Read MoreThe Importance of the Role Played by the Educated Elite in the Process of Decolonisation in Africa2261 Words   |  10 Pagesre sulting in the political mapping of the continent. Thus, Africa facilitated the extension of the European hegemonic powers overseas. This colonization rendered the African continent the play-toy of wealthy European imperialists who raked the profits from the resource-rich territories. The period between 1880 and 1919 saw an upsurge of African resistance to colonial rule this was the period of African nationalism. The Africans were now exasperated with their economic and social situation. Thus discontentRead More The importance of the role played by the educated elite in the process of decolonisation in africa2242 Words   |  9 Pagesresulting in the political mapping of the continent. Thus, Africa facilitated the extension of the European hegemonic powers overseas. This colonization rendered the African continent the play-toy of wealthy European imperialists who raked the profits from the resource-rich territories. The period between 1880 and 1919 saw an upsurge of African resist ance to colonial rule this was the period of African nationalism. The Africans were now exasperated with their economic and social situation. Thus discontentRead More The Influence of Booker T. Washington and W.E.B. DuBois on the Writings from the Harlem Renaissance2140 Words   |  9 PagesRenaissance Two of the most influential people in shaping the social and political agenda of African Americans were Booker T. Washington and W.E.B. Dubois, both early twentieth century writers. While many of their goals were the same, the two men approached the problems facing African Americans in very different ways. This page is designed to show how these two distinct thinkers and writers shaped one movement, as well as political debate for years afterward. BOOKER T. WASHINGTON BIOGRAPHY Read MoreBible Versus the Toran12356 Words   |  50 Pages COMPARING THE LIFE OF TWO AFRO-AMERICANS (1) MALCOM X - ISLAMIC MUSLIM/QURAN PAGE 35-43 8 (2) MARTIN LUTHER KING JR. - CHRISTIAN/BIBLE PAGE 44-48 9 (3) BOTH MENS POLITICAL VIEWS ON VIOLENCE AND PAGE 49-56 CHANGE IN SOCIETY (4) THE STRONG CONNECTION BETWEEN BOTH MEN PAGE 57 (1) I am writing this paper based on the comparsion of two religions; the Islamic faith and ChristianityRead MoreRastafarian79520 Words   |  319 Pagesintentionally left blank Foreword One of the most useful things about Ennis Edmondss Rastafari: From Outcasts to Culture Bearers is that it correctly traces the connection between the emergence of Rastafarianism and the history of resistance and black consciousness that has been part of the Jamaican experience for years. The truth is that there has always been a committed Jamaican counter- culture that celebrates and sees redemption in Africa and rejects the European values that have oppressedRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesDavid M. Scobey, Empire City: The Making and Meaning of the New York City Landscape Gerda Lerner, Fireweed: A Political Autobiography Allida M. Black, ed., Modern American Queer History Eric Sandweiss, St. Louis: The Evolution of an American Urban Landscape Sam Wineburg, Historical Thinking and Other Unnatural Acts: Charting the Future of Teaching the Past Sharon Hartman Strom, Political Woman: Florence Luscomb and the Legacy of Radical Reform Michael Adas, ed., Agricultural and Pastoral Societies

Hoe to Prepare a Business Plan Free Essays

string(403) " who they are and how you know they will be interested in your products or services \* your competitors – who they are, how they work and the share of the market they hold \* the future – anticipated changes in the market and how you expect your business and your competitors to react to them It is important to know your competitors’ strengths and weaknesses as compared to your own\." A business plan is a written document that describes a business, its objectives, its strategies, the market it is in and its financial forecasts. It has many functions, from securing external funding to measuring success within your business. This guide will show you how to prepare a high-quality plan using a number of easy-to-follow steps, and includes a template business plan. We will write a custom essay sample on Hoe to Prepare a Business Plan or any similar topic only for you Order Now Your products and services and audience for your business plan This part of the plan sets out your vision for your new business. It includes who you are, what you do, what you have to offer and the market you want to address. Start with an overview of your business: * when you started or intend to start trading, the progress and investment you have made to date * the type of business and the sector it is in * any relevant history – for example, if you acquired the business, who owned it originally and what they achieved with it * the current legal structure * your vision for the future Describe your products or services as simply as possible, defining: * what makes it different * benefits it offers * why customers would buy it from you instead of your competitors * how you plan to develop your products or services whether you hold any patents, trade marks or design registration * the key features and success factors of your industry or sector The person reading the plan may not understand your business and its products, services or processes, so try to avoid jargon. Get someone who isn’t involved in the business – a friend or family member perhaps – to read this section of your plan and make sure they can understand it. The audience for your business plan Many people think of a business plan as a document used to secure external funding. Potential investors, including banks, may invest in your idea, work with you or lend you money as a result of the strength of your plan. The following people or institutions may request to see your business plan at some stage: * banks * external investors – whether this is a friend, a venture capitalist firm or a business angel * grant providers * anyone interested in buying your business * potential partners Bear in mind that a business plan is a living document that will help you monitor your performance and stay on track. It will therefore need updating and changing as your business grows. Regardless of whether you intend to use your plan internally, or as a document for external people, it should still take an objective and honest look at your business. Failing to do this could mean that you and others have unrealistic expectations of what can be achieved and when. What a business plan should include Your business plan should provide details of how you are going to develop your business. It describes when you are going to do it, who’s going to play a part and how you will manage the finances. Clarity on these issues is particularly important if you’re looking for finance or investment. Your plan should include: * An executive summary – an overview of the business you want to start. It’s vital. Many lenders and investors make judgments about your business based on this section of the plan alone. * A short description of the business opportunity – who you are, what you plan to sell or offer, why and to whom. * Your marketing and sales strategy – why you think people will buy what you want to sell and how you plan to sell to them. Your management team and personnel – your credentials and the people you plan to recruit to work with you. * Your operations – your premises, production facilities, your management information systems and IT. * Financial forecasts – this section translates everything you have said in the previous sections into numbers. The executive summary The executive summary is often the most important part of your business plan. Positioned at the front of the document, it is the first part to be read. It may be the only part that will be read. Faced with a large pile of funding equests, venture capitalists and banks have been known to separate business plans into ‘worth considering’ and ‘discard’ piles based on this section alone. The executive summary is a synopsis of the key points of your entire plan. It should include highlights from each section of the rest of the document. Its purpose is to explain the basics of your business in a way that both informs and interests the reader. If, after reading the executive summary, an investor or manager understands what the business is about and is keen to know more, it has done its job. It should be concise – no long er than two pages at most – and interesting. It’s advisable to write this section of your plan after you have completed the rest. The executive summary is not: * A brief description of the business and its products. It’s a synopsis of the entire plan. * An extended table of contents. This makes for very dull reading. You should ensure it shows the highlights of the plan, rather than restating the details the plan contains. * Hype. While the executive summary should excite the reader enough to read the entire plan, an experienced investor or business person will recognise hype and this will undermine the plan’s credibility. Your markets, competitors, marketing and sales Here, you should define your market, your position in it and outline who your competitors are. To do this you should refer to any market research you have carried out. You need to demonstrate that you’re fully aware of the marketplace you’re planning to operate in and that you understand any important trends and drivers. Show that your business will be able to attract customers in a growing market despite the competition. Key areas to cover include: your market – its size, historical data about its development and key current issues * your target customer base – who they are and how you know they will be interested in your products or services * your competitors – who they are, how they work and the share of the market they hold * the future – anticipated changes in the market and how you expect your business and your competitors to react to them It is important to know your competitors’ s trengths and weaknesses as compared to your own. You read "Hoe to Prepare a Business Plan" in category "Papers" It is good practice to do a competitor analysis of each one. Remember that the market is not static – your customers’ needs and your competitors can change. So, you should also demonstrate that you have considered and drawn up contingency plans to cover alternative scenarios. Marketing and sales This section should describe the specific activities you intend to use to promote and sell your products and services. Often, it’s the weak link in business plans so it’s worth spending time on it to make sure it’s realistic and achievable. A strong sales and marketing section means you have a clear idea of how you will get your products and services to market. Your plan will need to provide answers to these questions: * How do you plan to position your product or service in the market place? * Who are your customers? Include details of customers who have shown an interest in your product or service and explain how you plan to go about attracting new customers. * What is your pricing policy? How much will you charge for different customer segments, quantities, etc? * How will you promote your product or service? Identify your sales process methods, eg direct marketing, advertising, PR, email, e-sales, social marketing. * How will you reach your customers? What channels will you use? Which partners will be needed in your distribution channels? * How will you do your selling? Do you have a sales plan? Have you considered which sales method will be the most effective and most appropriate for your market, such as selling by phone, over the internet, face-to-face or through retail outlets? Are your proposed sales methods consistent with your marketing plan? And do you have the right skills to secure the sales you need? Your team’s skills and operations Your business plan should identify the strengths in your team and your plans to deal with any obvious weaknesses. The management team If you’re looking for external funding, your management team can be a decisive factor. Explain who is involved, their role and how it fits into the organisation. Include a CV or paragraph on each individual, outlining their background, relevant experience and qualifications. Include any advisers you might have such as accountants or lawyers. For your bank manager or other investors, you need to demonstrate that your management team has the right balance of skills, drive and experience for your business to succeed. Key skills include sales, marketing and financial management as well as production, operational and market experience. Your investors will want to be convinced that you and your team are fully committed. Therefore it’s a good idea to set out how much time and money each person will contribute – or has already contributed – to the business. Your people Give details of your workforce in terms of total numbers and by department. Spell out what work you plan to do internally and if you plan to outsource any work. Other useful figures might be sales or profit per employee, average salaries, employee retention rates and productivity. Your plan should also outline any recruitment or training plans, including timescales and costs. It’s vital to be realistic about the commitment and motivation of your people. Spell out any plans to improve or maintain staff morale. Your operations Your business plan needs to outline your operational capabilities and any planned improvements. There are certain areas you should focus on. Location * Do you have any business property? * What are your long-term commitments to the property? * Do you own or rent it? * What are the advantages and disadvantages of your current location? Producing your goods and services Do you need your own production facilities or would it be cheaper to outsource any manufacturing processes? * If you do have your own facilities, how modern are they? * What is the capacity compared with existing and forecasted demand? * Will any investment be needed? * Who will be your suppliers? Management-information systems * Have you got established procedures for stock control, management accounts and quality control? * Can they cope with any proposed expansion? Information technology * IT is a key factor in most businesses, so include your strengths and weaknesses in this area. Outline the reliability an Financial forecasts You will need to provide a set of financial projections which translate what you have said about your business into numbers. Look carefully at: * how much capital you need if you are seeking external funding * the security you can offer lenders * how you plan to repay any borrowings * sources of revenue and income You may also want to include your personal finances as part of the plan. Financial planning Your forecasts should run for the next three (or even five) years and their level of sophistication should reflect the sophistication of your business. However, the first 12 months’ forecasts should have the most detail associated with them. Your forecasts should include Sales forecast – the amount of money you expect to raise from sales. Cashflow statements – your cash balance and monthly cashflow patterns for at least the first 12 to 18 months. The aim is to show that your business will have enough working capital to survive. Make sure you have considered the key factors such as the timing of sales and salaries. Profit and loss forecast – a statement of the trading position of the business. Show the level of profit you expect to make and the costs of providing goods and services and your overheads. Your forecasts should cover a range of scenarios. New businesses often forecast over-optimistic sales and most external readers will take this into account. It is sensible to include subsidiary forecasts based on sales being significantly slower than you are actually predicting. One for sales starting three months later than expected, and another forecasting a 20 per cent lower level of sales. Risk analysis It is good practice to show that you have reviewed the risks your business could be faced with. Show that you have looked at contingencies and insurance to cover these. Risks can include: * competitor action * commercial issues – sales, prices, deliveries operations – IT, technology or production failure * staff – skills, availability and costs * acts of God – fire or flood d the planned development of your systems. Presenting your business plan Keep the plan short – it’s more likely to be read if it’s a manageable length. Think about the presentation and keep it professional. Remember, a well-presented plan will reinforce the positive impression you want to create of your business. Tips for presenting your plan * Include a cover or binding and a contents page with page and section numbering. * Start with the executive summary. Ensure it’s legible – make sure the type is ten point or above. * You may want to email it, so ensure you use email-friendly formatting. * Even if it’s for internal use only, write the plan as if it’s intended for an external audience. * Edit the plan carefully – get at least two people to read it and check that it makes sense. * Show the plan to expert advisers – such as your accountant – and ask for feedback. Redraft sections they say are difficult to understand. * Avoid jargon and put detailed inform ation – such as market research data or balance sheets – in an appendix at the back. You may have detailed plans for specific areas of your business, such as a sales plan or a staff training plan. However it is best not to include these, though it is good practice to mention that they exist. While it is sensible to seek advice from external advisers, it is not a good idea to get them to write the plan for you. Investors and lenders need to have confidence that you personally understand your business plan and are committed to the vision for the business. Make sure your plan is realistic. Once you have prepared your plan, use it. If you update it regularly, it will help you keep track of your business’ development. How to cite Hoe to Prepare a Business Plan, Papers

Duties Responsibilities Directors Officers †Myassignmenthelp.Com

Question: Discuss About The Duties Responsibilities Directors Officers? Answer: Introduction The Corporations Act, 2001 (Cth) is the act which dictates the manner in which different aspects of the companies in Australia are to be conducted, as it provides different provisions for its incorporation, its winding up, constitution and other related provisions for the companies (Abbott, Pendlebury and Wardman, 2007). Under Part 2D.1 of this act, the directors of the company, along with the officers of the company in certain cases, have been given certain duties, which have to be fulfilled by them, or else, civil and criminal penalties are imposed on the relevant breaching individual (Gibson and Fraser, 2014). The case of McGellin v Mount King Mining NL (1998) 144 FLR 288, deals with such a breach of director duties based on the conflict of interest (Austlii, 2017a). And through this discussion, the different aspects of this case, with a particular reference to the breached duty, have been elucidated. Background of the Case In this case, the plaintiff had been the director of the defendant. The case was made for the oral contract which the plaintiff entered into with the defendant on July 03rd, 1996 whereby it was agreed that the plaintiff would be issued shares in the company at one cent per share price, where the par value of such shares was 20 cents. This promise was made in consideration of funds which were contributed towards the exploration work cost by the plaintiff, on defendants behalf. This particular Management was stated to have been entered in the board meeting and was pleaded to cover the implied terms regarding the issuance of the shares by the defendant to the plaintiff, after contribution of funds and in a reasonable time frame (Austlii, 2017a). The plaintiff contented that he had made a contribution of $1500 for the exploration costs and this amount was paid to the bank account of defendant on August 21st, 1996. And that the defendant had breached in their agreement as the promised 150,000 shares were not issued to the plaintiff at all, within a reasonable time frame of August 21st, 1996. And so, a claim was initiated for the alleged contract to be specifically performed; and in case that is not possible, to be paid damages and interests as per the value of 150,000 shares, which stood at $108,000 on the basis of 72 cents for each share. This price was attained from thee price which was paid by the company who took over the defendant and acquired all of its shares on February 04th, 1967 (Austlii, 2017a). The key matter which was related to the director duties in this case was regarding the material interest. In case the contract had been made, was the article 15.15 of the Article of Association of the defendant was beached, as the director had not precluded himself from voting on an arrangement or a contract, where the director had a material interest. And in case the contract had been made, was that to be deemed as void of voidable, as the contract which was performed in this case by the plaintiff had been contravened by the defendant, which would allow the plaintiff for specific performance for the share allotment or for the damages in lieu of it (Austlii, 2017a). Duties breached Section 191 of the Corporations Act requires the directors to disclose the material personal interest which they have. As per this section, it is the duty of the directors to notify the other directors regarding material personal interest where a conflict is raised (WIPO, 2015). The material personal interest is related to the affairs of the company, or something which is being transacted at the meeting, where the director should notify the other directors about their material interest in such transaction (Austlii, 2017b). A contravention of this section results in both civil and criminal penalties. So, where a material personal interest is raised, it is the duty of the director to notify the other directors as per this section (Paolini, 2014). The term material personal interest has not been defined, but the meaning of the same can be clarified as the matter which has some real substance, and which has the ability of the vote of the director being influenced (Cassidy, 2006). Hence, the directors are required to give the details of both the nature and the extent of their interest in the particular issue. The rationale behind this section is to avoid any conflict of interest, which can make a transaction unfair (Latimer, 2012). In the case of McGellin v Mount King Mining NL, the director failed to disclose that he made entered into an oral contract with the plaintiff for allocating him certain shares for the work being done by the plaintiff on behalf of the company. And yet the director voted upon the acquisition of shares by Sipa Resources International NL, without informing the board of this conflicting situation (Austlii, 2017a). Hence, the director duties in this case had been contravened. Apart from breach of section 191, there had been breach of different other duties of the directors, particularly of section 180, which required the director to be show care and diligence in discharging their duties and using their powers (Federal Register of Legislation, 2017). This was clearly not done due to the conflict of interest present in this case. Apart from this, the directors had a duty under section 181, of good faith, under section 182, use of position of company director in a diligent manner and under section 184, to work in good faith and proper purpose (ICNL, 2017). By allowing a conflict of interest to be present, where they had material person interest in the transaction being undertaken they failed to work for the best interest of the company, and so, the duties stated here, were breached. Also, they misused their position by promising the plaintiff that he would be given the shares, and was actually not given any, so the director actually misused their position and fooled the plaintiff. Hence, the presence of material personal interest led to a conflict of interest, effectively translating in the breach of director duties. Critical analysis of decision court This case became famous for the definition of material interest given by Justice Murray, which has been since quoted a number of times in other cases. As per the judge, the material meant the interest which involved a relationship of an actual substance regarding the matter at hand, or the proposed contract or arrangement (GWRDC, 2012). In this manner, the very nature of the interest had to be taken under consideration, in terms of having the capacity of influencing the vote of a director in the matter of particular decision (Lacey, 2015). The substance of interest, its capacity and the very nature of it had to be considered for having an impact over the directors ability to discharge their fiduciary duties (Bartholomeusz, 2015). The judge stated that the plaintiff had director or indirectly, but not too contingently or remotely, a material personal interest. And in this context, the claimed contract which would provide the defendant to reimburse the plaintiff for the contribution made in the exploration works cost was tainted by conflict of interest. However, the claims of the plaintiff could not be upheld as the alleged contract could not be established to have been made before the court. Hence, to award the specific performance or the claimed damages was not possible for Justice Murray. And so, the appeal made by the plaintiff was not upheld (Austlii, 2017a). Even though the points stated by the judge in this case were quite right, but in the view of the writer, the decision given was unfair on the plaintiff. This is due to the fact that the court did not uphold the breach of fiduciary duties on part of the director, where they clearly should have been. The director did not disclose that he had made plaintiff the promise of being allocated certain shares. This resulted in a conflict of interest situation being present. Economics, the part where the judges stated that it was difficult to contest these points, due to the oral contract not being able to be proved before the court of law, which ultimately led to the failure of plaintiffs claims, was correct. Conclusion Even though the claims of the plaintiff in this case could not be established owing to the lack of the establishing that an oral contract had indeed been formed between the plaintiff and the defendant, this case continues to be quoted more than often, as a result of the definition of material personal interest given by Justice Murray. This case is not only significant in respect of this definition, but also presents a strong case for drawing up written contracts. Had a written contract been drawn in this case, the breach of director duties could have easily been established due to the presence of material personal interest and a conflict of interest; and this would have allowed the plaintiff to either get the specific performance of being allocated the promised shares, or being paid the compensation amount, as was calculated by the plaintiff on the basis of the business of the defendant being acquired by another company. References Abbott, K., Pendlebury, N., and Wardman, K. (2007) Business Law. 8th ed. London: Thomson. Austlii. (2017a) Thomas Paul Mcgellin Ors v Mount King Mining Nl (Acn 060 118 201) Anor [1998] WASC 96 (7 April 1998). [Online] Austlii. Available from: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WASC/1998/96.html?context=1;query=McGellin%20v%20Mount%20King%20Mining%20NL [Accessed on: 18/09/17] Austlii. (2017b) Corporations Act 2001. [Online] Austlii. 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