once a public company is incorporated all duties of the promoter and potential liabilities end, including any regarding a pre-registration contract as per s 131 Corporations Act 2001. Discuss the truth of this statement
It is essential to define the term in discussion and its relation to the subject at hand. Who is this promoter? The promoter is not fixed into a definition within the Corporations Act nor within the confines of common law. However, the court recognizes the promoter as a term used in business. Therefore, the term promoter has a vast meaning that enables it to allow flexibility for persons within the scope of law on promoters. Promoters are the persons actively involved in the process of founding a company (Symon, 2006 p 19). The typical duties of the promoter include the ability to negotiate preliminary agreements and construction of the constitution for the company. They…… [Read More]
Brief synopsis of the situation
Jane is the Marketing Manager of Prints Pty Limited. She has recently made some purchases on company account including leasing a new car, a photocopier, a reconditioned printing press and photo copy paper supply. While all the other purchases were made by Jane on her own discretion, the printing press was co-signed by John, part owner of Prints Pty limited.
John tells Jane that while he would reluctantly accept the purchase of photocopier and paper, Jane will have to pay for her own car. Upon hearing this, Jane resigns immediately leaving Mark with the decision to look into the purchase of the printing press. The company wants to cancel this purchase as John had no authority to purchase anything on company account. Mark is now wondering if he is liable for any of these purchases.
The company constitution clearly indicates that…… [Read More]
The functions of company law
What is covered in the company law?
The legal implications of 'pre-registration contracts'
The Australian corporate law has seen major reforms in the last couple of years (Tomasic, Bottomley & McQueen,2002). For instance, section 131 of the Corporations Act 2001 dealing with pre-registration contracts is no-longer necessary. This is clearly illustrated by the lack of reported cases since the introduction of provisions for pre-registration contracts into the legislation. The provisions may have been relevant, even important, in a time when there were no shelf companies and we did not have the technology we have today. As this is no-longer the case it is time we simply reverted back to the common law on pre-registration contracts. The common law would make it simpler for the promoter, the company and the third party when making contracts let alone on matters of contractual liability. The purpose…… [Read More]
Company Law in Australia
Corporate governance related regulations in Australia are relatively similar to those in the United Kingdom. This is primarily because Australia's Corporations Act of 2001, which is the major corporate governance related regulations, has traditionally borrowed greatly from the United Kingdom company law, especially the Companies Act of 2006. Australia has relatively borrowed heavily from the United Kingdom company law as part of progress towards modernizing the country's statutes on corporate governance. Moreover, these attempts towards modernizing corporation statutes in Australia contributed to the development of a legal structure that currently comprises one national law, which is known as the 2001 Corporations Act. Similar to other Australian corporations laws, the Corporations Act 2001 is administered by the Australian Securities and Investments Commission, which is the national regulatory authority. There are several differences between corporations laws in Australia and those in the United Kingdom despite the heavy borrowing…… [Read More]
The company law states and defines the roles of directors within the company's daily activities and transactions. It provides essential fundamentals necessary for observance in a bid to curb unnecessary liabilities and conflicts arising in the process of balancing personal interests and ones fiduciary duties in a given company acting in any defined capacity. Directors' duties and; liabilities are explicitly elaborated in the company that entails the corporate acts, which are the operation framework of any given public or private company. The qualifications and disqualifications of the occupancy of a director's role are very important just as underlined in the corporate acts. A company director is endowed with a number of responsibilities and duties which he is expected to undertake in the capacity of directorship. Acting in good faith on behalf of the company is an issue that is also fundamentally highlighted because the duties and responsibilities bestowed…… [Read More]
Laws Governing Business Entities
Laws Governing Business Organizations
Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.
laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.
Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]
Kapoor G.K., (n.d). Business Law Including Company Law. Chapter 1
his book, in the isolated chapter 1 discusses the elaborate meaning of a contract and what makes up a legally binding contract. It discusses the elements of a contract in the context of sales and gives examples of what an offer in a contract is and acceptance which are two essential parts of a contract. he chapter further discusses the potentiality of having further obligations in a contract that may not have their origins in the agreement and may not be contractual in nature, like torts or civil wrongs, but could still be enforceable in a court of law. he chapter further highlights using examples and case studies how cases of contractual agreements can be solved. he chapter further discuses one by one the essential element of a valid contract and alongside each element the author gives easy to understand…… [Read More]
Laws and Wages
Legislation and Wages: An Intricate Dance, but Who's Leading?
Government and employment have always had and will necessarily continue to have a complex and mutually influential relationship, not least in the area of wages. What people are able to earn has always been a pressing issue in any capitalist system, and can influence the formation and the actions of government in numerous direct and indirect ways. In the other direction, legislation enacted by the government can both directly impact employees' wages and have indirect impacts through the changing of burdens that employers must contend with in compensating employees and operating their businesses. This paper briefly examines the relationship between government and wages, and specifically between legislation and employers' abilities to pay wages and utilize wages as an effective workforce motivator and stabilizer. This examination shows that good intentions can sometimes have questionable results, even when the ethical…… [Read More]
Company's Compensation And Benefit Package
A number of factors determine how a company compensates its employees. These factors may include economics, psychology and even sociology. To an economist compensation is viewed as a labor market determinant (Filer, Hammermesh, & ees, 1996). As a human resource manager for Vanguard Industries I have been entrusted with the responsibility of explaining to the Chief Executive Officer (CEO) that guided my development of the company's compensation and benefit plan. I will specify economic factors I considered while coming up with the company's compensation and benefit packages, the manner in which they do so and the relative and absolute importance of each. Before coming up with a compensation and benefit scheme, it is imperative that matters pertaining employees' skill level, age, gender and minority and majority status are factored as they affect an individual's reward preferences and their view on what they contribute to an…… [Read More]
The partners are directly responsible financially for the obligations of the business. Therefore, in case of loss or debts, the owners suffer the risks and losses since they have liability for the business. In terms of complexity and flexibility, the partnerships remain appropriate for the partners. The issue of raising finance is shared between the partners; however, they cannot get loans for the business independently. Therefore, they are not suitable for the two partners who wish to set their business.
The third venture is a corporation, which is a separate entity from the persons that establish the business. Therefore, in financial terms, they are easy to raise capital as members contribute, and can borrow finance independently. Like the limited liability partnership, they are legally bound and hence the liability is limited. They eliminate the issue of personal liability. The tax returns are similar to those of partnerships and are taxed…… [Read More]
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…… [Read More]
Oracle's Stellent application has yet to create more streamlined service creation and management workflows, due mainly to the acquisition taking longer than expected. The integration of the Stellent platform into the broader Oracle 11i platform is also proving to limit 3rd party database support, making the Oracle Stellent ECM suite appear to be moving in a more proprietary direction as a product. As the acquisition was completed in late 2006 and Oracle has made their Service Oriented Architecture (SOA) Fusion their top development priority, the full integration of Oracle Stellent has not progressed as rapidly as planned. As a result, the last factor of customer referenceability, Vignette has a significant advantage as well.
Evaluating ECM systems for use in a law office or practice requires the consideration of several factors that have been explained in this paper. Cost is a secondary consideration relative to the benefits derived from automating…… [Read More]
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…… [Read More]
This created silent enemies whose sole purpose is to make that person look like a complete and total loser. Therefore, restoring the balance that was lost and feeling better about them while you are left feeling degraded and humiliated about what happened. On the other hand, the lesson is often learned the hard way and one can see that it does not pay often times to stick out in the crowd. There are those that thrive in the monotony of it all being predictable. If one follows the leader than no harm can come to them and balance is once again restored. It never works trying to appear better than those that you seek support from, they end up feeling as if you only want their support because you in fact think in some way you are better than they are. This is a sure way to keep people from…… [Read More]
It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.
Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who…… [Read More]
Investors, however, are likely to see through these changes. he company's turnaround is striking, but many of the changes are listed in the annual report, the depreciation change in particular. he listing of that change on the statements was undoubtedly mandated by law, but the other changes were buried a little bit more. However, the investment community can reasonably determine that increasing payables is a sign of the company remaining in a precarious position, as is the deferral of pension obligations.
3. he company's future prospects are reasonable. hey have a strong customer base and for the most part the restructuring effort was successful. he acquisition of new capital may have served a useful short-term purpose on the balance sheet, but it also allows Harnischfeger greater financial flexibility. he company's immediate future is no longer in doubt.
However, the picture the company paints of its future is not entirely accurate.…… [Read More]
If the facts support its position, the hospital will argue that it was not negligent in hiring Dr. Dogwood and that nothing in his employment record could have put them on notice of his poor judgment.
Claim 3 -- Karl vs. ECR Manufacturer
John has a very good product liability claim against the ECR manufacturer. That is because the company supplied a product that was unreasonably dangerous to users in the ordinary way in which the product was intended to be used. This is a violation of the implied warranty of fitness for its intended purpose.
The ECR manufacturer will argue that the defect in its product was not the proximate cause of the harm that Karl suffered. Specifically, that argument is that it was the negligent decision of Dr. Dogwood to use the pad even after he noticed the defect that actually caused Karl's injuries and not…… [Read More]
"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)
Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…… [Read More]
Abuse of power also adds to the list.
In regard to the remedies that may be used in taking care of unfair prejudice. It is therefore evident that the Companies Act 2006 has several changes that are relevant to the protection of the shareholder. The most relevant parts being sections 994 and 996
Creditor protection is noted by Bachner (2009) as an important element of every company. The changes contained in the Companies Act 2006 are noted to affect the area of creditor protection within the UK companies.
The UK's Department of Business Innovations and Skills (2007) indicated that the UK government via BE had resorted to amending the Companies Act 1985 as well as the one for 2006 in order to reflect the elements of creditor protection of the new Directive. The particular focus was on shifting the burden of proof from the firms to the creditor…… [Read More]
The June 2010 change to the manner in which dividends were deemed payable shifted the requirement from a measure of profit to a balance sheet-based formula in which dividends were only payable if assets outstripped liabilities, essentially.
This is, according to the facts of the case as presented, the only reason the dividend payment might be considered insolvent trading or otherwise contrary to the legal and financial constraints of the company under current Australian law. As the error was again solely the fault of chief financial officer George, the directors incur no liability in this instance.
As described above, the board of directors at Hampton Park Pty, td. incurred no liability in this case as they relied on information provided by a competent and informed employee in the person of the company's chief financial officer, George, which legally absolves them of liability in this case.
Whether or not…… [Read More]
Companies talk a lot about "corporate social responsibility," but quite frankly nobody really knows what the term means. Every company seems to interpret the idea a little bit differently. There is nothing inherently wrong with that, but it raises challenges for managers trying to understand the concept and what relevance it has to their organizations. The best approach has to be to analyze the different elements of CSR individually, and see how they apply. This approach also allows for the organization to integrate each element with its strategy -- trying to shoehorn a notoriously vague concept into strategy either results in it not really happening, or it happens but distracts the company from what it really wants to achieve.
The first part of this paper will explore the different conceptions of CSR. This is absolutely essential. The "social" is CSR is the key term, and it implies an external…… [Read More]
Raytheon Corporation: Code of conduct and ethics
Raytheon Company is a well reputed technology and innovation company which deals in security, defense and civil marketson a global scale. It has a rich and bright history of 92 years and continuing, Raytheon can provide top of the line electronics, integration of mission systems as well as other capabilities indicated below:
• Sensing capabilities
• Command and control
• Intelligence systems
• A diverse array of mission support services
Raytheon was one of the first startups, which were founded in Cambridge in Massachusetts Institute of Technology on July of 1922. It was started as an American appliance corporation (Raytheon Company, 2014).
The founder of the company was three associates namely:
• Vannevar ush (future dean of engineering department of MIT)
• Charles G. Smith (scientist notable for his work on electrical characteristics of gases)
• Laurence Marshall…… [Read More]
smaller company offer competitive benefit packages employees competing talent large corporations? FYI - School text book The Handbook Employee Benefits, Seventh Edition Jerry S.
Competitiveness of employee benefits in small size enterprises
The global economy is still striving to overcome the tremendous pressures of the economic recession that began in 2007 in the American real estate sector and soon expanded to the rest of the sectors, as well as the rest of the countries. The means in which each country or sector overcome the recession differ from one region to the other and the differences are due to elements such as fiscal policies, strength of the economic sector or the threshold for risk. Generically, more protective countries have proven better able to overcome the threats of the crisis (Bernitz and inge, 2010).
Despite the domestic particularities of each region, fact remains that overcoming the crisis should be a global effort…… [Read More]
Business Plan for Argos Shipping Company
The proposal attempts to inaugurate a new shipping business to meet the demand for an overwhelming increase in the shipping services. Moreover, an increase in the level of international business has led to a rapid increase in demand for shipping services that offer reliability, convenience, speed, and promise. Moreover, the shipping industry is rapidly changing and growing because of the rapid rate of international trade, however, it is still pertinent to realize that shipping industry involves a lot of money because the business is competitive and capital intensive. More importantly, starting the shipping business requires having in-depth knowledge of container, import, and export, and logistics industries. Despite our intention to start the shipping business, we still need a business plan to realize our goal.
A business plan is one of the strategies that can assist a start-up company in succeeding in the shipping business,…… [Read More]
party transactions reported on by Arthur Andersen & Co.
Related party transactions are essential transactions between closely related parties or individuals. Although not blatantly wrong in isolation, they can be particularly harmful if the practice is abused. The error with Enron's disclosure is that it was not clear enough. Investors, analysts and creditors could not properly ascertain the extent of the related party transactions at Enron. This was particularly true as the company did not want anyone to know about it. As a result the company was able to hid billions of dollars of off balance sheet debt from investors. This resulted in large, unknown exposures to investors. Arthur Anderson looked the other way in regards to informing investors about these exposures. They classified many of the entities that held the excessive amount of debt as special purpose entities. With the help of Arthur Anderson, Enron avoided consolidated the results…… [Read More]
Corporate Social esponsibility (Csr)
COPOATE SOCIAL ESPONSIBILITY AND GOVENANCE
According to Idowu (Pp. 34, 2009), Corporate Social esponsibility (CS) is a mechanism of self-regulation that is integrated into a business model. CS is an avenue through which a business can have mechanisms of regulating its performances and successes in the market. The components of consideration by a CS business or corporation include immediate compliance with the company's laws, ethical considerations, together with the international and national norms of operation. In other cases, some business models have perceived CS as a pervasive topic and undertaking that sets self-regulatory rules beyond the simple compliance of rules and ethics in business. In this case, it deals with activities that promote certain social or universal good beyond the welfare of the organization lacking in the law. The innate aim of CS is to foster embrace of responsibility for every corporate activity and hence…… [Read More]
company have bid with a zero mark-up on some past tenders? Why didn't it win all of those contracts?
Based on the percentage of contracts awarded to Bright Paints at a zero mark-up rate, which falls at 95.9%, it is clear that this strategy is effective at courting particularly valuable contracts. In instances where the contract itself has the capacity to bring the company both a high level of profitability and the potential of a positive long-term relationship with a resource-affluent partner such as the State Department of Transportation, the sacrifice of profits from mark-ups is a sensible one. The underlying premise is that the risk of losing the contract is more compelling than the lost opportunity to earn revenue on markups.
Indeed, even bypassing these markups is not itself a guarantee that a contract will be awarded. With 4.1% of zero mark-up bids not being selected, we can see…… [Read More]
trade libel is fair to business owners. Argue both sides of the issue.
From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities. Instead, they should have detained the person and contacted the police. (Statsky, 2011)
Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have…… [Read More]
Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…… [Read More]
laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer.
Employment and Discrimination
There are several laws that fall into the category of civil rights laws. The base law is the Civil ights Act of 1964, in particular Title VII. This clause established the Equal Employment Opportunity Commission and set out guidelines for equality in employment, providing protections on the basis of race, ethnicity, gender, color, religion or national origin (EEOC, 2013). Since the passage of the Civil ight Act the 1970s saw the passage of other acts that extended the protections of the CA. These extensions applied to the disabled (Americans with Disabilities Act), on…… [Read More]
" In this case the part of Dozey was complete as he had recovered the cat, and was in the process of returning the cat to the owner Cindy. By the logic of the Carbolic smoke ball case the contract was complete and Cindy could not withdraw the offer and therefore was bound to pay the sum. Thus the revocation even in the newspaper may not have much significance because it would not have been complete against Dozey as per the Carlil case. Secondly in the instant case Cindy tells Dozey that the offer is withdrawn after he has performed his part of the offer. Therefore the revocation did not happen because the conditions of the offer have been fulfilled before revocation and hence Cindy would have to honour the offer.
E-Law esources. "Dickinson v Dodds (1876) 2 Ch D. 463." etrieved 8 November, 2012
England and…… [Read More]
The current state of the Chinese legal system is in flux. To instate a system similar to that in the United States or Western Europe means undoing thousands of years of cultural norms. Confucianism and Communism are currently entwined to influence the ways disputes have been settled. Mounting pressure to develop a "fair and transparent framework of laws" stems directly from the fact that China is inextricably engaged with foreign businesses that need the rule of law in order to operate efficiently and effectively in the Middle Kingdom. Economic development is prompting overhauls of China's key political and social institutions: and the judiciary is one of the most fundamental such institutions to receive attention. Although some progress has been made already and continues to be made, it is slow and sometimes painful. As the PBS Wide Angle series presents, "the transformation" of China's judiciary from a traditional Confucian/Communist one…… [Read More]
company called YPF. The company is noted to suffer from several problems associated with culture change and the need to remain competitive. We therefore begin this work by presenting a problem statement as well as a presentation of the specific problems that affects the operations of the company. We then proceed to the presentation of the alternatives solution for each of the problems that are facing the company. A conclusion is then presented on how to best tackle the issues of organizational change (change management strategies). An implementation of the solution to the problems is then presented in a detailed and systematic manner.
YPF S.A is a company which has undergone a series of changes to its leadership, organizational processes, business processes as well as organizational policies since its inception. In this paper, we present an in-depth analysis of the organization. The company is noted to suffer from several problems…… [Read More]
company code of ethics for Boeing. In this document I will explore Boeing's code and attempt to reveal important items relevant to understanding how a functional code of ethics may be applied to a large organization. I will first describe a general background of the company to help provide context in this evaluation. Next, I will give an overview of the code of conduct and highlight important details that are worthy of discussion. This paper will also include how this code of ethics can be applied to the differing levels of responsibility and accountability within the company itself. I will also examine a recent specific case study of ethical violations within Boeing to help test the validity and quality of this company's attitude towards ethics. This specific case will help understand important factors on the stability and feasibility of their ethical codes and programs.
Boeing's company website describes the…… [Read More]
Code of Ethics
Introduction and Company Background
Purpose of the Code
Training and Education
Implementation and Communication
Enforcement and eporting
Code of Ethics: The XYZ Company
Introduction and Company Background
Having a code of ethics is a big part of doing business. It is not something every company has, but those that do have these codes provide them because they want to be ethical and strong. Ethical codes help make requirements clear for every employee, and can avoid discrepancies in conduct (Clark, 2012). Avoiding or lessening the possibility for misunderstandings and discrepancies is an excellent way to protect both the company's bottom line and its reputation. Employees who fail to act in an ethical manner can cause serious harm to the companies for which they work (Clark, 2012). Keeping that in mind, one must ensure that an ethical code is direct and…… [Read More]
Australia's Corporation Act 2004
Australia Corporations Corporation Act 2004
The purpose of this research is to investigate the Corporations Act 2004 (Cth) in relation to the protection it provides for investors of non-profit corporations. Through research of the Trade Practices Act, current case law and the Australian Investment and Securities Commission provide an overview of what has changed in the regulations for corporations in Australia in 2004 thus far.
Australian Supreme Court sated in 2003 that: "the governance of corporate entities comprehends the framework of rules, relationships, systems and processes within and by which authority is exercised and controlled in corporations." Australia has recently implemented new regulations which, enhance and harmonize corporation law.
The alignment of the regulations with elements that are known to be those of a competent and responsible board of directors in view of strategy determination, performance review, risk management, internal control regulation and reporting to shareholders…… [Read More]
Al Maktoum, Mohammed Bin ashid. December, 2009., Decree 57 for 2009.
Establishing a tribunal to decide the disputes related to the Settlement of the Financial Position of Dubai World and its subsidiaries.' Viewed 18 August 2010
Banks, Harry. 23rd July 2010. 'Dubai World ready to use tribunal for deal on debts.'
City A.M. Viewed 11 August 2010.
Bucher, Eugen. Law of contracts. I. General remarks on the Swiss law of obligations.
Viewed 11 August 2010 www.eugenbucher.ch/pdf_files/86.pdf
'Clause and Effect: Parties agreeing to standard arbitration clauses may unwittingly alter their rights.' October 2006, Viewed 11 August 2010
Fuchs, Martina & achna Upal. 18 August 2010. 'Analysis-UAE state-linked bonds brush up investor appeal.' Viewed 11 August 2010 http://www.forexpros.com/news/interest-rates-news/analysis-uae-state-linked-bonds-brush-up-investor-appeal-154811
Kane, Frank & Hamischfeger, Anita. 21 May 2010.
'Dubai world ready to use arbiter on debt deal.' The National. Viewed 11 August 2010
Parisie, Nicolae & Shaheen Pasha. 22…… [Read More]
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.
In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created,…… [Read More]
The exponential growth of the Internet has also served as the catalyst for the growth of highly collaborative, interactive forums and platforms on which Delphi-like brainstorming can be accomplished (Decker, Wagner, Scholz, 2005). Conversely many of the external relationships companies have and that are essential to understanding how the strategic planning process will impact an organization lend themselves to quantification. An example of this level of quantification of external factors is the use of frameworks for evaluating the performance of supply chains over time, a process area that can be highly quantified through the use of maturity models and measurements of performance over time (Gilmour, 1999). Both of these extremes, qualitative data analysis through the use of techniques including writing of scenarios, brainstorming and the Delphi technique to the extremely quantitative, both require organizations to have a fairly high level of interprocess maturity and development to be able to manage…… [Read More]
Part C: Essay
Even though the workers at the company gained some notable concessions from the organization because of the organization's fear they would unionize, this still does not mean the company actions were legal. In fact, it is illegal to promise benefits and pay raises to workers if they do not unionize. The actions of the company seem to constitute an implied quid-pro-quo regarding employee actions. Although the no-solicitation rule posted is within the legal rights of the employer, the company must also ensure that it is compliant with the law, which means the union still has access to employees in other areas outside the workforce and that the non-solicitation policy is not enforced in a discriminatory fashion only against unions. It is also illegal to threaten employees with losing their jobs if they join a union. While this threat was not directly made, the statement that employees would…… [Read More]
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…… [Read More]
company ombudsman, it was my task to investigate complaints of wrongdoing on the part of corporate directors and officers. I had to decide whether there was a violation of the law and deal with the wrongdoers accordingly to Jane, a shareholder of Goodly Corporation. I investigated the situation by going through recent records and interviewing workers that witnessed the corporate directors and officers behaviors in the workplace. From there, I had to act as an un-bias opinion so that I could get the facts straight in order to get to the bottom line. Sometimes when there is an issue with a company, managers and employees cannot see a solution to the problem. And they need someone to tell them if there is a solution or not. "Quite often there is no solution and this must be conveyed to the group. This is not an easy job, but at least the…… [Read More]
company having strong ethics across the entire organization, including ethical leadership, training & codes, and an ethical culture. The first and most important thing is that the company needs to have ethical leadership in place. People within organizations take their behavioral cues from the leaders of that organization, and the result of that is that when the leaders are the ethical leaders, the other members of the organization will follow. Thus, it is critical that the leaders set a strong ethical tone, to the point where they probably have to be the most ethical members of the organization. A good example of this would be when Martha Stewart was found guilty of insider trading, her company Omnimedia, faced a decline in its stock price. The concern was not that the company would have trouble succeeding without Stewart for a few months while she did time, but that if her ethical…… [Read More]
law help protect the environment and what steps can citizens take to ensure that the law accomplishes this goal?
Protection of the environment is important for our health, but humans affect the system through various means such as through polluting water and atmosphere with toxic gasses, with oil, with car fuels, and with debris that is plunked into the waters as well as depleting the fisheries and filling the air with smog and the earth with pollution.
It is for this reason that legislation is put into effect to curb our destruction and to teach us how to look after the environment in better ways. The state employs its own regulations, but it needs a synthesis of both state, business and citizen involvement to safeguard the environment, and motivation from both business and citizen is not always forthcoming. The following essay discusses policies that have been implemented to help protect…… [Read More]
This is where a company will seek to purchase competitors through: buying the stock of the other company (in the same industry). The idea is that by reducing the total amount of competitors, an organization will be able to have greater control over prices and consumer choices. In the health care industry this is problematic, as any kind of mergers / joint ventures could be considered to be an attempt to restrict choices. At which point, it is possible that the government could use this law to limit the overall activities of the company. This is because, they could make an effective argument that any kind of reduction in the amount of competition will adversely affect consumers. As the odds increase dramatically, that any attempts to consolidate will be considered to be anti-competitive. Given the fact that costs are increasing, any type of negative reaction could cause the organization, to…… [Read More]
Company Compliance Plan-APPLE
The Apple Corporation: Compliance plan
The Apple Corporation has recently been beset by a series of scandals, regarding the discrepancy between how it manufactures its products and the ethics it claims to uphold in its compliance plan. On its website, the Apple Corporation has tried to inform and persuade the public that it is compliant with the standards it sets in its company compliance plan. For example, regarding recycling, it states that "Apple started recycling in 1994 and today we operate recycling programs in countries where more than 82% of all Macs and iPods are sold. By the end of this year, that figure will increase to 93%" (Apple: A Greener Apple, 2012, Apple.). Apple has also been more aggressive than its competitors in removing questionable toxins from its products. "It now makes iPods and iPhones free of polyvinyl chlorides and brominated flame retardant" (Charny…… [Read More]
(Company) Staffing Plan
Determine how many people need to be hire and in what functional areas:
The company plans to hire 11 new people in the following departments respectively
in customer service,
in finance and accounting.
A plan to hire or appoint specialists for the clinic.
ight person for the right job can be hired if the hiring agents are clear about the duties and responsibilities of the position for which hiring is required. It is possible through designing an effective job description. An effective job description is comprehensive in nature and provides clear guidelines about required qualification set. The activities of screening all potential employees, deciding interview panel, questions and final selection criteria stem from effective job description (Sullivan, 2004).
Finalising a job description is a complete science and requires specialised skill set assumingly possessed by human resource professionals. It may be drafted…… [Read More]
Nothing contained in the company policies, procedures, handbooks, manuals, job descriptions, application for employment, or any other document of the company shall in any way create an express or implied contract of employment or an employment relationship on other than an at-will basis. No representative of the company will enter into any agreement whatsoever with any employee or applicant for employment on any other than on an at-will basis.
Training and Testing:
The company will provide paid training and testing that is related specifically to the employee's job. The only exception to this will be testing that involves part of the initial pre-hiring process.
Receipt of Mini-Handbook:
I have received the current company employee handbook and have read and understand the material covered and I understand that any future questions that I may have about the handbook or its contents. Questions will be answered by the Office Manager or their…… [Read More]
Franz went on to state that "two common law doctrines allow recovery of damages in wrongful discharge action" (Franz pg 32).
According to Franz those two common law doctrines included; that the employment was an implied-in-fact contract. An implied-in-fact contract is evidenced by the employer by the very act of hiring an individual, and as such is implying that the employee will not be fired without just cause. In Tom Kinder's case, the company may have had a just cause, but made no attempt to either inform Tom nor to help Tom overcome the obstacle keeping him from accomplishing his job duties.
The second common law doctrine is best stated by the fact that an employee is allowed to collect compensation based on a breach of contract.
"It is based on the covenant of good faith and fair dealing which is implied in all contracts as a matter of law.…… [Read More]
This paper provides a comprehensive progressive discipline policy that will be utilized in managing employee behavior in the workplace. This policy is developed on the premise that managing employee conduct is crucial towards enhancing workplace productivity and organizational success. The policy includes an overview of purpose and procedures that will be undertaken for corrective/disciplinary action by the human resource department. It also includes a brief description of the appeal process and issues that are not subject to the organization’s progressive discipline framework. The policy provides explanations why termination of employment can be considered as the first or last disciplinary action depending on the circumstances and nature of the misconduct.
Progressive Discipline Policy
KenTrizo Limited recognizes the importance of the establishment of a suitable working environment for all its employees. The company believes that the creation of a secure and good workplace is essential towards the realization of organizational objectives.…… [Read More]
Cybersecurity has emerged as one of the important components of modern security initiatives because of rapid advancements of technology and the Internet. Ensuring cybersecurity has become important because of the vulnerabilities of critical infrastructures to cyber attacks in the aftermath of the 9/11 terror attacks. As part of efforts to enhance cybersecurity, federal and state governments in the United States have enacted laws that define the role of various stakeholders in protecting the nation's critical infrastructures. These laws govern the responsibilities of companies and organizations in protecting themselves and customers. In addition, these regulations have some costs associated with them given that enhancing cybersecurity is a relatively complex process.
Organizations' ole in Protecting Themselves and Customers
As cyber attacks continue to increase in the recent past, the federal government has enacted laws and policies to govern the role of organizations in protecting themselves and customers. Based on the…… [Read More]
life we are always faced with situations where the rights on one individual overlap those of another, causing a legal conflict that is often decided upon in the court of law. In many cases, these are private rights, but we are sometimes in a situation when the rights delimitation is imposed by the government, as is the case with the tobacco industry and smoking regulations and delimitations.
The problem with smoking in public places bares much resemblance in Canada, Europe or the United States. The right of smoking individuals to smoke in public places was gradually and constantly diminished to the degree that nowadays smoking in restaurants, offices or any closed locations. The movement against smoking in public places seems to have started in Canada in the early 1990s, when the City of Toronto emitted a series of by-laws, referred to as The Workplace Smoking y-law. This law "requires all…… [Read More]
Cyber-Crime in a New Age of Law Enforcement
ith the new introduction of the online sphere, law enforcement today faces unique challenges those previous generations could never even imagined. The internet allows the ability to create an online presence that has virtually no relevance to the real world character of the user. People can now create an online presence with the ability to construct a range of pseudonymity that was never before possible (Gyorgy, 2002). Therefore the person that you think you are communicating with may be a different person altogether.
Furthermore, people can set up a range of different personalities and have multiple identities online that they can use for a range of malicious activities. For example, it is possible for an elderly man who has perverted tendencies to portray himself as a young school girl on online chat forums. In these arenas there is seldom any verification…… [Read More]
In its official press releases and documents and in scholarly journal articles written with Nestle Waters SA grant money, the company is battling to put the best spin on its bottled water sector, as well as other parts of the company as well.
Adler, Brett. "Nestle draws fire for plans to pump more water from North Florida springs." Dec., 02, 2010.http://floridaindependent.com/16102/nestle-draws-fire-for-plans-to-pump-more-water-from-north-florida-springs (accessed Dec. 08, 2010).
Fact-Checking State Supreme Court Ads." Oct. 29, 2010.
http://www.newsweek.com/2010/10/29/fact-checking-state-supreme-court-ads.html (accessed Dec. 08, 2010).
Lawrence, Felicity. "Processed cereals represent a triumph of marketing, packaging and U.S. economic and foreign policy.." Nov. 23,
2010. http://www.guardian.co.uk/business/2010/nov/23/food-book-extract-felicity-lawrence (accessed Dec. 08, 2010).
Miller, Ethan. "Should private companies control our most precious natural resource?."
Oct. 8, 2010.http://www.newsweek.com/2010/10/08/the-race-to-buy-up-the-world-s-water.html (accessed Dec. 08, 2010).
"Nestle India plans collaboration to help manage diabetes." Dec. 07,
2010.http://www.ausfoodnews.com.au/2010/12/07/nestle-india-plans-collaboration-to-help-manage-diabetes-2.html (accessed Dec. 08, 2010).
"Nestle Purina gets presidential honor." Nov 23,
2010.http://www.bizjournals.com/stlouis/news/2010/11/23/nestle-purina-gets-presidential-honor.html (accessed Dec. 08, 2010).
"Profits rise…… [Read More]
However, that does not mean that the COO, for instance, is much more suited for this kind of activities.
Analytical skills and community involvement are also qualities that determine the success of a CEO. Executive officers need strong analytical skills in today's fast changing marketplace. The needs of many groups have to be addressed everyday, while the interests of the organization must also be fostered. A CEO, cannot appear distant, single-minded or out of touch. The need to interface with all parties and to creatively analyze all information becomes more and more important. From this point-of-view, due to their analytical nature, CFO are well prepared for the job. As far as community involvement is concerned, my opinion is that it is the nature of the individual that decides the degree a company and its top representative are involved in social events of all types. I think that a CFO is…… [Read More]
Governing Law and Forum Selection
Boilerplate Language in International Contracts
USA-Brazil Trade: ules of Trade
Other Important Agreement and Laws Governing U.S. and Brazilian Trade
Comparison of Arbitration in South Carolina and Brazil
Conflicts arising out of contracts between international trading parties are on the increase with the rise and increase in international business and international trade. The courts that would hear and decide matters related to business conflicts between trading partners would look to the express terms of the contract as well as the applicable law within which the contracts have been formed and agreed upon by the two parties belonging to two different countries when one party considers the other party's actions to be a breach of the contract. The legal contract and the contents of the contract would be the basis on which courts would decide in arbitration cases and in cases…… [Read More]
Unconsented Facebook Behavioral User Research
Facebook's 2012 involvement in a behavioral experiment on a series of its unknowing users
There is much controversy with regard to Facebook's role in a scandal involving users being followed and exploited. The company is responsible for performing a study where 689,003 individuals on Facebook were manipulated in an attempt to determine how particular ideas influenced them. These respective users were divided in two groups: one of them was provided with news feeds containing positive information while the other was provided with news feeds containing negative information. As a consequence of the experiment, analysts determined that the first group was more likely to make positive posts while the second was inclined to post negative ideas.
Facebook's attempt to interfere with people's lives and analyze how this affected them raised a series of questions:
as this experiment ethical?
as this experiment legal?
To what…… [Read More]
Policing Alongside Native Americans
America is the most cosmopolitan country in the world with virtually every race present. It is described as the new land because of the recent influx of foreigners who traveled to the country. Their increased numbers over time have made the minorities lose their initial dominance. In this sense, it is now a tussle of the foreigners and the Natives over who controls the affairs of the country. In the modern days, the immigrants have come to take over the control of the American affairs and as such, they have managed to lead a clear path of leadership away from them natives. However, the Native Americans remain a distinguished group concerned with the political realignments happening in the country. They act as a swing vote for all the individuals who need elective posts. On matters security, it is technical conducting policing along these native zones as…… [Read More]
Law of Attraction
Metaphysical Law of Attraction
Need for consideration of Metaphysical Law of Attraction
Attitude and their Effects
Positive Effect in everyday interactions
In conflict management
Negative Affect As an indicator of an unhappy relationship
Paving the road to D-I-V-O--C-E
Positive Affect Paves the oad to espect and Admiration
Use of Law of Attraction and Intercultural Communication
Metaphysical Law of Attraction
"Thou, constrained by no limits, in accordance with thine own free will, in whose hand we have placed thee, shalt ordain for thyself the limits of thy nature"..Giovanni Pico della Mirranda, Oranto "De hominis dignitatis, " or "God's Address to Adam."
"If you're not an infinite being, what would be the purpose of your life?"..Wyne Dyer, The Power of Intention
What are your beliefs about the nature of the universe? Do you have believed in order, universal natural laws, cosmic intelligence, or chaos? Do you believe…… [Read More]
Law Firm Marketing Strategy
International marketing involves firms' marketing mix decisions across international boundaries. On the other hand, international marketing involves an operating marketing strategy to capture the markets across national boundaries. However, intense global competitions within the international business environment require firms to employ effective marketing strategies to capture international market shares. (Alansari). A clear and focused international marketing strategy requires firms to understand markets they are intending to target and operate. However, international marketing strategy for legal professionals in the Middle East needs building a strong brand loyalty that is difficult to challenge. (Doole, & Lowe).
Essentially, professional law service firms are built around senior attorneys who have built professional skills, and success of individual attorneys is built not only on the marketing strategy, the success depends on how attorneys market their career. Attorneys possessing a skill set in the international financial market practicing with international firms and…… [Read More]