Essays on Contracts

Information technology is a growing industry as more organizations, companies, and industries seek to modernize their workspaces. The automation of most systems makes it easier for the organization to streamline its service delivery and cut costs on inappropriate purchases and supply. Moreover, it helps boosts the organization overall turnover and revenue at the end of each financial year. Therefore, contracts related to information and technology continues to increase on a daily basis as companies, organizations, and industries seek to be ahead of their competitors. It would be ideal for the proposed company to focus on information and technology contracts, ...

Issue

Robert Olins, the defendant in the case was found to be in breach of contract by a lower court. A lease was drafted and signed by Robert Olins and Pan Handle Realty, LLC for a year’s period. Part of the agreement was that Pan Handle Realty, LLC was to unfurnish the property and Olins was to make payments for the amount of a year’s rent (Cross & Miller, 2015). Olins had issued a postdated check which was to be cashed after Pan Handle Realty, LLC had completed the modifications in the house. It was then that the plaintiff ...

Winning a contract is the ideal goal of many companies seeking tenders from different organizations. Landing a contract provides a good portfolio for future transactions with other clients. Therefore, it is ideal for any company to study and understand tender details provided by the client then come up with a team that will help to win the contract. It is necessary for one to consider several factors when considering another partner in one’s pursuit of winning tenders. Moreover, one has to understand the role required to play in different situations and gear them towards a specific contract. The ...

Primavera Seafood Inc. is the world’s largest supplier of seafood. In the case at hand, Primavera is faced with a crisis involving uncertainties in prices of lobsters, yield levels of lobsters, and working mechanics of newly acquired equipment that are used to process the lobsters. As a result of these factors, the company faces the possibility that it may suffer losses from the current supply contract for lobster considering the strict requirements by the purchasing airline. After reviewing the situation, the company has discovered that the break in internal communication processes is the major reason for all the ...

Introduction

The financial crisis of 2007/9 was the worst in the U.S. since the Great Depression of the 1930s. It was the cause of the failure of some of the biggest financial institutions including Washington Mutual which was closed in 2008, and its assets transferred to JP Morgan. In 2008, the crisis reached its peak with loans dropping dramatically to the lowest levels to be witnessed in a half a century. For example, new loans to large borrowers fell by 47 percent in the fourth quarter of 2008 as compared to the previous quarter and by 79 percent relative to ...

In Tom Regan's article “The Case for Animal Rights,” he makes the case for the rights of animals on the basis of equal treatment of all living things that possess inherent value. He argues that morality should be centered on the equal treatment of all living entities, rather than the reduction of suffering and the amplification of pleasure. Consequently, Regan's involvement in the animal rights movement is based on three issues: the elimination of all commercial forms of animal testing, animal agriculture and animal hunting. Ultimately, Regan's argument stands as a sound defense for animal rights on the grounds ...

Jim and Laura intend to buy a car, and upon visiting a dealer, they agree to give $100 deposit to hold the vehicle for a day. However, Jim and Laura later change their minds on purchasing the car upon which the dealer insists that the $100 deposit was meant to be part of the contract to purchase the car. The case raises important issues with regard to contract law. Therefore, before analyzing the facts of the case, it is essential to evaluate the various aspects that constitute a legally binding contract. An essential element of a legally binding contract ...

1. Since food and beverage experiences are very personal, how do food service managers design programs that will please customers and keep them coming back? Ans. The primary purpose of food service managers is to ensure customer satisfaction. They ensure that the quality and standards of food and service are up to the mark and the programs are designed in such a way that the customers keep coming back. The programs should include proper training of the employees, effective and efficient supply change management, monitoring the methods of preparation, portion sizes and presentation of food, ensuring the safety measures, ...

Judicial Activism of the Court of Justice of the European Union

Since the ECJ handed down the 2005 Mangold v. Helm case, there have been several criticisms provided by different scholars of the decisions it made and what they believed had various consequences for the European Union law. Essentially, the decisions made by the court involved several queries, but the main one was applicability of European Union age‐based anti‐discrimination law in situations involving the fixed‐term employment contracts. The contracts were founded on the law that permitted the fixed‐term contract with no demands for the objective reasons that justified the limitations of the employment period past the ...

Set-asides are contracts awarded exclusively to small businesses to encourage their participation. There are several opportunities for small businesses to participate in business with the US government, the largest single buyer in the world. I would recommend the company to bid supply contracts under the prime contracts category. The company can benefit from the federal government’s goal that 23% of the total dollar value of contracts should be given to small businesses. Supplies are easy to deal with since no technical or specialized knowledge is required. Besides, the company qualifies for the contract since it is a small ...

LEARNING ACTIVITY 1

(1.) The common law of contracts would be applicable in this case (Clarkson et al., 2012). First, for all of its history the common law of contracts has always applied to real estate transactions. This case, which involves the selling of a house, is a real estate transaction. The Uniform Commercial Code (UCC) is a newer form of contract law that mainly focuses on the sales of goods or tangible property. It was established in response to increasing commercial actions (Blum, 2013). (2.) A court would likely find that no contract existed. The fundamental elements of any contract is ...

Activity 1

In determining whether or not Don can set aside the contract with Evan, it is important first to determine whether a valid, enforceable contract ever came into existence or was formed between the parties. According to MacMillan and Stone (2012), the essential elements of a valid contract include offer and acceptance, consideration, capacity, intention to create legal relations, and legality. In the present case of Done and Evan, a contract came into being when Don unilaterally accepted Evan’s offer in the form of advice to invest in his (Evan’s) new consulting business and went on to sign ...

[Class Title]

Introduction It is common to see people using animals for sports and entertainment. Examples of sporting events that use animals are horse racing, cockfighting and many others, while zoos and circuses are among those who keep animals for entertainment. While most people enjoy these events and public display of animals, there are those who believe that such activities are unethical and morally wrong. There are, at least, four major reasons why people should not use animals for sport and entertainment. These are violation against nature; violation against the sensitivities of other people; cruelty against animals; and violation ...

Abstract

The Federal Acquisition Regulation (FAR) is a highly broad and intricate assortment of regulations that govern the purchase process of the federal government. The Federal Acquisition Regulation (FAR) ensures that the measures of purchasing are standard and unwavering, and guarantees that they are undertaken in an impartial and unbiased manner. It is imperative that owners of small businesses and the official mandated with contracting to understand and have a full comprehension of the FAR (Koprince, 2012). Failure to understand the regulation leads to pricey pitfalls, such as those which will be discussed in this essay. The Inchcape Shipping Service ...

PART 1

Risk is defined as a measure of future projections on uncertainties that affect the set goals, achievements, objectives and performance of business, project or organizations. Risk is often associated with programs such as technology failure, threat, design maturation, supplier capability and performance plan analysis. The mentioned programs are managed through integrated master schedule (IMS) and Work Breakdown Structure (WBS). Industry risk assessment addresses potential variation in market capability, accessibility, cost structure, profitability, substitutes, cyclicality, and regulations. Therefore there are key elements that must be evaluated during risk assessment (Weagley, 2014). They include a root cause or risk projections that ...

Introduction

The European Union is the result of the flow of economic integration in the world. It was created in 1958 and became a powerful economic group. Within the framework of the Union, the benefits of mutual trade are established, the general economic policy is carried out, and restrictions on the movement of goods, capital, and labor are constantly removed (Krugman, Obstfeld, and Melitz, 2014). The creation of the EU was due primarily to the fact that in Western Europe after the Second World War, the contradiction between the international character of modern production and the narrow national and state ...

Trade unions, as well as industrial actions, can be dated back to the industrial revolution in the eighteenth century. Notably, labor unions are organizations that have been set up by workers in particular professions to enable them to achieve common goals. Several issues are usually addressed by the groups, including protection of the rights of the workers, improving working conditions for the workers, increasing the remuneration and benefits of the employees, and enhancing welfare among many other issues (Heckscher & Carré, 2006). In other words, trade unions exist for the sake of the workers. Members use the unions to discuss ...

Introduction

Our company, here in referred to as Greene’s LLC, is suing Jennifer Lawson, a former employee for breaching a confidentiality agreement signed during the course of her employment and subsequently breached after being dismissed from the company. Jennifer Lawson has subsequently countersued Greene’s LLC for wrongful termination. The substance of the matter is that Jennifer Lawson was summarily dismissed from the company by the HR officer Lisa Peele. Lawson subsequently went on to seek employment from a competitor, Howell Jewelry World, a competitor to Greene’s LLC. The bone of contention for our company is that in ...

Essay

Democracy, for all its empowering aspects, isn't still practiced by every nation on this planet. Much like the Soviet Union, which collapsed on itself in the early 90s, there are a number of states in today's world that continue to be totalitarian in nature. For those living in democratic countries, this term might not be familiar and its practices even more so even if a business might want to expand to emerging markets that are controlled by their respective governments very different from the model that the United States among other democratic countries. While the definition of democracy is ...

Indentured Servants

Indentured Servants

Introduction

At the beginning of the seventeenth century a lot of labor market institutions were created with the purpose of promoting the movement of labor. The majority of plantations in Southern English America, which were involved in the cultivation of tobacco, sugar cane, indigo and rice, began to feel an urgent demand for labor. Modern machinery was definitely providing considerable solutions, though human blood and sweat was still essential for the planting, cultivation and reaping of these commercial crops. As a result, many planters started to gradually introduce the idea of indentured servitude. This system, created because of ...

Business: Cookies shop

Trade Format: countertop type store; Store Location: Boulevard mall; Property Type: Rental space of 50m2; Working hours: 9 AM – 7 PM; Sources of financing: own funds – 26,300 USD. Key performance indicators candy store: Monthly Profit in six months = 83,000 USD; Net profit margin = 3872%; Payback = first 10 days.

Specificity of the business

Various pastry shops are quite lucrative, since vast majority of people like treating themselves with sweet pastries and cakes. The specificity of such products involves only the development of the store on the local market, which determines its marketing strategy. Most pastry shops produce sweet products themselves, which leads ...

Letter of memo transmittal

Re: Planning proposal Here is my planning proposal for cost estimation in Tatweer Buildings Company. It contains a budget which I request that you help me to fund. If you have any questions on it, I’ll be ready to respond.

List of illustrations

Page 5: images for the Tatweer buildings Company Page 9: table of schedule for the proposal Page 11: table containing the proposal’s budget estimates Abstract In this planning proposal, the variables that identify with the cost estimations in the Tatweer Buildings Company are initially considered. After which, the possible issues that results from these cost estimations, how ...

Which of the six change images discussed in this chapter can be identified in the assumptions about managing turnover that were held by

Gunter

On one hand, Gunter can be associated with the image of director. As the manager, he intended to develop the ability to exercise full control over the rate of turnover in the organization. From his perception, Gunter believed that an increased turnover was detrimental to the development of the organization and hence was a major problem that required to be solved. On the other hand, Gunter could be related to the image of the caretaker. As ...

Introduction

The success of any business venture is characterized by its ability to manage its assets, with respect to features such as the members of staff, the expenses incurred during the production process of its products as well as its distribution stratagems. The reason why most business entities and conglomerates fail to thrive in the long term is due to poor mismanagement of various core sectors hence leading to the redundancy for income generated and in an increase in the cost of productivity. The overall result is the decline in the trajectory of the business entity. Such was the characteristic ...

Question one

The project financing through arrangement is where a company with adequate asset and liability structure makes an obligation to secure the parent company if it goes bankrupt. That is it is a legal entity usually a limited partnership created to meet specific objectives. Moreover, such projects are used to isolate companies from financial risks.

Question two

Take or pay are written contracts where one party is obligated to either deliver the goods or pay some specific amounts. Therefore, it is used in certain contracts as a means of ensuring that transactions occur. In this case, Matt Ryan entered into a contract ...

I. Introduction A corporation is a common type of business organization in which its owners have the ability to use it as a separate, and distinct legal entity. One of the primary differences between a corporation and other types of business organizations, such as a sole proprietorship or general partnership, is that a duly formed corporation is, legally a person. Moreover, under the law, a corporation is a legal person who the owners, in essence, can control and direct to carry out a range of activities. To be sure, corporations are deemed to have a personality or personhood, including ...

Introduction

The English contract law consists of a body of rules that control contacts in England, with its foundation based on the intense activities of the judiciary that took place in the industrial revolution. It is critical to mention that the law shares some of its core elements with the commonwealth countries such as Australia and Canada. However, the law had for long been undergoing influences of the European Union during the period that the UK has been a member until this year when it withdrew the membership of the European body. The English law perceives people who enter into ...

Educational affiliation

Abstract Corporate Social Responsibility and Ethics The paper analyses the role of the ethics and corporate state responsibility in the terms of the automotive industry. The study is to evaluate the role of the local ethics and the Corporate Social Responsibility in the process of the international development of the automotive industry. The key objectives are to evaluate the roles of these two concepts, find out the role of the customers’ awareness of the unethical behavior, and describe the patterns of change. The study validates why the car industry should focus on the ethical considerations and the CSR. This ...

Ethical Issues

Human trafficking is a worldwide problem. For all practical purposes, this activity is nothing but a form of modern slavery. Every year, about 21 million people are caught up in human trafficking from about 130 countries around the world. Without a doubt, this is a serious issue given that it violates human rights that the United Nations takes very seriously - and should. While this pertains mostly to women who are sold into prostitution while also involving children and young boys as well who are coerced into forced labour as well. Given the atrocities around the world, the purpose ...

CHAPTER II

This chapter will seek to conduct an absolute inquiry into what makes up security interest laws in the United States. In order to lay the foundation for comparisons in subsequent chapters, the three main elements of the study of the Saudi system will be reviewed here in the context of U.S laws with an emphasis on California state law. The features of the California legal system will include the assessment of foreclosure rules and patterns in California. This will include a detailed fact-based evaluation of CCP580 (b), CCP580 (d) and CCP726 (a). The different components will enable the study ...

Introduction:

The case study has pointed out different challenges that is faced by a project manager. The book written by Laufer discusses about different core principles of leadership that is related to this case study. It can be used to successfully manage a project at different environment to achieve the desired objectives. There are many government employees who are not interested on new culture but prefer to close the project. The case study symbolizes it more clearly. As time passes Judy shows them importance of new culture and make them work on it to have profit and an air of ...

Wal-Mart

Strategy of Wal-Mart Wal-Mart, one of the biggest world retailers, is the company that was founded in 1962. And from the very beginning, the strategy of Wal-Mart was to be a best discounted retailer that has lowest prices and is close to its customers. This strategy was performed through two main instruments – costs minimization and stores locations. As for cost minimization, it is a core competitive advantage for Wal-Mart. In other words, it is nature and spirit of Wal-Mart. And this aim was indicated just from its foundation in 1962. But how Wal-Mart succeeded in cost minimization? Generally, it ...

Scenario a

The auditor should not be concerned about the bidding process in this case. The fact that Wright had won 12 of the 21 bids does not imply that the controls on the bidding processes are not effective. Provided the 12 contracts were awarded competitively and that due process was followed, it should not concern the auditor.

Scenario b

This situation should concern the auditor about the company’s controls for the bidding process. Wright won 12 of the 21 bids and in each case, Wright was the last to submit its bid. It raises questions about possible canvassing between the procurement ...

Executive Summary

Information Technology is a rapidly developing landscape and increasingly becoming a valuable asset to the corporate world almost challenging assets such as land. IT resources must, therefore, be utilized properly for optimal growth of the corporate industry. As such, policies like an acceptable use of information technology, Bring Your Device, and Digital Media Sanitizations are put in place to govern the behavior of employees within Red Clay Renovations. The following are approval drafts for policy guidelines on each item.

Approval Draft for Acceptable Use Policy for Information Technology

The IT resources available at Red Clay Renovations are wholly owned and maintained by the firm. Use of these resources ...

Elements of a Valid Contract

A contract is essentially a meeting of minds, which may only occur when the following five elements are present: an offer, an acceptance of the offer, an intention to form a binding contract, a consideration, and capacity. An offer represents an intimation of the willingness to enter a contract on given terms, and must be made with the intention to be binding upon acceptance. It must be definite and certain, such that it will not necessitate further negotiations prior to acceptance (Carlill v Carbolic Smoke Ball Co., 1893). It should also look like a contract in the estimation of ...

Define and discuss time and space utility

Products must be transported from the place where they are produced to the place where customers demand it to be delivered. The value-add that the product gains due to its transport is called space utility. The time utility is the length of time before or between the product deliveries, which consists of mostly storage and inventory time. When the organizations are able to deliver the goods at a time they are needed, then their time utility increases.

What is the Total Cost Analysis and how does is affect logistics?

Total cost analysis provides the methodology for integration of logistics, manufacturing, and procuring costs across the network. This is done to achieve ...

Accounting Standards and Regulations

Part a - AASB 15 Revenue from Contracts with Customers This accounting standard is addresses organisations’ concerns to recognise, measure and disclose revenue using a five step process. Applicable from January 01, 2014, this standard was issued in May 2014. As per this standard, which will replace AASB 111 and AASB 118, organisations can recognise revenue or income even though the products and services are not yet delivered to customers. In other words, companies can record the recognition of the payment (service income) even when the entity has not yet provided goods and services. As per this standard, revenue ...

Legislation Interpretation

Purpose of Judicature Act 1908 The Act provides for rules that are to be used in securing and ensuring just, speedy and cost-effective determination and disposal of all sorts of civil proceedings and interlocutory applications in New Zealand. Section 1.4 of the Act provides that the rules set by this Act shall apply to the practice and procedures of the court in all civil proceedings and interlocutory application except in cases where appeals are filed to the Court of Appeal of Supreme Court (Judicature Act 1908).

Proposed Changes

The Judicature Act 1908 has undergone several amendments over time. The most recently ...

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

Precision Metal Machining Inc. is a veteran owned company that operates in the machining industry, which is part of the manufacturing process of many metals and other composites. The company is ITAR certified, which is important considering the company deals in imports and exports. The company offers CNC machining, Swiss machining, and electrical discharge machining services to its customers. PMMI enjoys a competitive advantage over other machining companies as a result, as most of the industry’s market share is composed of smaller companies. PMMI overall faces numerous internal and external strengths and opportunities while they have minimum weaknesses ...

Business and Law

BUSINESS AND LAW Introduction The breaching of contracts and denial of human rights have risen over the past few years due to the lack of enough knowledge. The paper covers several cases whose judgment is based on the Australian common law and consumer acts in the IRAC format

Question 1

Issue: Does Brenda have an action against Steven for the breach of contract? Rule: According to the Australian contract law, an anticipatory breach of contract can occur from time to time. An anticipatory breach of contract refers to where one party informs the other that they will not deliver what was ...

Assignment 2: Employment-At-Will Doctrine

Abstract Employment-At-Will Doctrine states that states that an employee or an employer can decide to end the employment contract with or without a prior notification. A workplace has a lot of complications and requires some rules and regulations to govern it. Admittedly, there are some exceptions that limit the full application of the employment at will doctrine as the exceptions challenge it. The paper will expound three major exceptions including public policy exception, implied contract and the Implied Covenant of Good Faith and Fair Dealing. Additionally, a case scenario involving employees of a company and the bosses will be ...

<<Author>> <<Date>> Apple is a global corporation which is well known for its practices in sustainability and ethical behavior. However, this reputation was not built easily. Apple had to invent and re-invent their supplier conduct and sustainability practices over the years to gain this reputation. Today, Apple’s Supplier Code of Conduct ensures that all suppliers create working conditions which are safe, respect workers and care for the environment (Apple, 2016). Their strict practices ensure that suppliers obey the rules, even if it is above local laws. Apple has a Supplier Responsibility Standards ...

Introduction

There are several options open to Acme Fireworks. As a sole proprietorship, the owner is able to hire employees. The biggest benefit of a sole proprietorship is the easiness of dealing with taxes and the easiness of running the business. There are some drawbacks to being a sole proprietorship, such as the fact that the owner is personally liable for any legal situation that arises through various contracts or business deals (Dishman, 2010). The owner of Acme Fireworks should strongly consider upgrading his sole proprietorship because the business contracts appear like they may be permanent; regardless, as Acme is ...

As Human Resources Manager, Care Concerns Pty Ltd (CC), explain the implications of the level of supply and demand in the labour market in the recruitment and retention of;

Registered Nurses Human resource management (HRM) demands from the manager to keep a keen eye on the demand and supply of its niche market. The equation is very clear regarding GPs and RNs. The demand exceeds the supply for GPs in the 15 facilities of CC, while the opposite is true for RNs. For professional, stable and satisfactory recruitment it is recommended to not just react to the supply and ...

Abstract

In healthcare financial management, health insurance contributes in determining the healthcare services. The fee schedule provides a list of charges reimbursed for service providers and suppliers. Center for Medicare services, CMS, uses the fee schedule to determine the facilities and non-facility in healthcare provisions. Physicians, ambulance and medical equipment services among others help in the determination of the fee schedule by Medicare Physician Fee Structure (MPFS). The study focuses on CPT code 99214-office visit as the reference in the service delivery by the center of Medicare services. The Medicare and Medicaid rates are essential in determination the fee schedule. ...

Introduction

Effectual Real Estate Holdings Ltd. is a medium level Real estate management company. The company is multi-faceted in the way it conducts business. The main business activity involves agency work wherein, the company receives contracts on rent collection on a monthly basis. Additionally, apart from rent pooling, Effectual Holdings is also involved in construction work; building of apartments and other mid-class rental premises. All of the services provided by this company are purely contractual except for the case where the company is undertaking developmental work on its own accord. Effectual Holdings has been known for its continuous delivery of ...

PART A

Question one Apple Computer was incorporated in 1977 to design, manufactures as well as marketing mobile communication and media devices (Reuters.com, 2016). Moreover, it also sells different related software, and third party digital applications. Its products are iPhone, Apple television, iPod, Mac, both consumer and professional software applications, iOS and OSX operating systems. The Apple computers Inc. provides a variety of mobile communications, personal computing products, and portable digital players.

Question two

The operating performance of Apple Inc. relies on the general economic conditions. Therefore, for the last four years (1999 to 2002), the demand for the Apple's products has been ...

Executive Summary

The document is a recompilation of information about the current status of a medical facility located in Bayonne, New Jersey owned by a multinational company located in the United Kingdom. Two analysts of the organization study the current status of the medical facility that is the current operations of the company, its economic performance and the trends of the business in the future. The medical facility has technology needs that are necessary for its normal operations. The considered medical facility executed its last technological overhauling in 2004, but the majority of the hospital equipment is from 1999 with a ...

Business Plan

Business Plan

Executive Summary

A business plan is a particular statement that contains the goals of a business and the way of attainment of these goals. The paper presents a business plan that employs a business strategy in defining the business’s overall goals, management team, staffing of the organization and other factors. This plan ideally presents my idea of establishing a new business venture in the field of health care. Initially, the paper presents a well-detailed description of the business that is to be established. This includes defining the overall objectives of the business the particular products that the business ...

Bishop V Armstrong Aggregate Company

Facts Summary. Aggregates Company sent a letter of offer to the plaintiff on 2nd May to sell scrap mica at $180 per ton. The petitioner received the letter on the following day. Some few weeks later, Bishop learned that the market price had rocketed to $185 per ton. Bishop wrote to the respondent on 22nd purporting to accept the offer. Armstrong received the letter on May 30th, Armstrong repudiated the offer and adjusted the offer to sell at $ 187, the current market price. Legal Issues. Under this case, the court would have to make a determination on three issues. ...

IT in Managed Care Organizations

Introduction The most important function of information technology (IT) in managed care organizations (MCO) is to support their business. MCOs are complex in nature, offering a wide range of services to a wide range of individuals. It is vital for management to align its IT department with the operational dynamics of the organization. In this situation, it is important fo an IT department to align its goals to managed the complexity of MCO. A MCO should reduce risk if they have a well-function IT department. Thus, the IT department main concern is designing, implementing, and operating an efficient system ...

International Investments Diversification

International Investments Diversification The term global portfolio refers to a group of investments, assets and securities held in foreign markets rather that the domestic market. Traditionally, investors have preferred to focus on international portfolio investment when it comes to the investment in marketable securities. As opposed to the only domestic portfolios, the international portfolio yields more value for the same level of risk. Ideally, an investor should analyze the global stock market to identify the markets that are related to their domestic stock/ securities market in terms of risks and rewards (Agati, 2007). This helps investors reduce their anxiety ...

Google initially argued that filtering Internet content is less damaging than riot making its search engine available in the Chinese market. Do you agree? I agree with Google, as I think that complying with Chinese rules and filtering Internet content is less damaging than riot making its search engine available in the Chinese market, as it brings fewer problems with Chinese government, fewer conflicts, and less financial losses. Furthermore, Google’s decision secures its position in China and allows the company operating there, while the riot can lead to Google’s exit from Chinese market without any possibilities to ...

Business, Company and Conveyancing Law

Part B Q. 1 Salomon v Salomon & Co. Ltd. (1897) is a landmark case on the incorporation, features, and nature of companies. The case is important in the formation of businesses in some respects. Firstly, the significance of the case with regards to the formation of companies is that it introduced the principle of a company being a separate, autonomous, distinct or independent entity from the owners or even the promoters of the enterprise. This is important in that it shields the owners from any liability that may be incurred on behalf of the company about its creditors. Further, ...

Essay

The Relevance of the Common Law to the New Zealand Legal System The legal system of New Zealand comprises legal principles obtained from the English 'common law', legislation or precedent which comes from the amassed and compiled court decisions or resolutions. Constitutional guidelines which are embedded in the common law involve specific civil rights, like the right to freedom of expression, including the Governor-General's specific powers and the majority rule in the parliament system (Gearey, Morrison, & Jago, 2013). Similar to England, the rule of parliamentary sovereignty is firmly institutionalized and Parliament in consequence has the authority to overrule or ...

The Canadian workforce has experienced significant positive changes since the introduction of workers unions under the industrial relations (IR) movement. Unions are defined as employees' associations formed with the objective of enhancing their powers to deal with employers. Unions have a primary function of handling grievances and collective bargaining, but they also perform other important functions for the benefit of both the employee and the employer. Unions work under the rules and regulations of industrial relations, which define various rates of union membership. The study of employees’ unions in the Canadian workforce has played a significant role in understanding ...

Moral hazard in equity contracts

In some instances, the seller of security is driven by incentives to conceal information from the purchaser and may engage in detrimental activities. This constitutes the problem of moral hazard in equity contracts. An example is the problem of Principal-Agent, which concerns the separation of possession and management of firms. The executives in corporations in this case only own a small share of the firm compared to the principals/share-holders. The managers then opt to pursue their interests at the expense of the firm's profitability bringing about a conflict of interest between the shareholders and corporate management (Banerji, and Basu ...

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High-level Process Steps for Conducting Project Procurements

Obtaining Seller Responses Selecting a Seller The first step is to ensure that the short-listed bidders completely and correctly understand all the project requirements. The proper vehicle for this is the bidder conference (A Guide to the Project Management Body of Knowledge, 2008) where all information will be imparted and questions answered. The client would then have to prepare to respond to proposals as they come in. It needs to come up with proposal evaluation techniques. It has to have a clear idea on the reasonable range of pricing by making its own independent estimates from ...

The Federal Arbitration Act (FAA)—Title 9, US Code, Section 1-14—was first enacted on February 12, 1925. FAA underwent a few developments through the years. It was codified on July 30, 1947 (61 Stat. 669). It was amended September 3, 1954 (68 Stat. 1233); added Chapter 2 on July 31, 1970 (84 Stat. 692); added two new Sections in October of 1988; renumbered on December 1, 1990 (PLs669 and 702); added Chapter 3 on August 15, 1990 (PL 101-369); and, added Section 10 on November 15, 1990. The FAA provides the guideline for the enforcement of arbitration agreements ...