Essays on Fiduciary Duty

In any event, a contract has implied and express terms. Express terms are easy to decipher, and they constitute the substantive part of the contract. Often, contracts impute binding obligations to the parties and violation of any term attracts liability. Implied terms of a contract operate in the underground. In an event of a claim of infringement, the court has to analyze both express and implied terms of the contract. Often, courts allocate liability depending on what term of the contract is in violation. In a practical scenario, some terms are more relevant than others. In the past, courts ...

INTRODUCTION

Martha Stewart was indicated for Securities Fraud. However, she was acquitted of the charges, but instead found guilty of obstruction of justice and making false statements. As a result of the finding of guilt, she served five months in federal prison. There are many opinions concerning the evidence presented in the case against Martha Stewart for violation of the Securities Act. Some legal scholars claim that she was guilty of insider trading while others claim the court properly found the evidence lacking and her actions not in violation of the securities law. Presented in this paper are two scholarly ...

Briefing Paper I: Critical Legal Thinking:

United States v. Bhagat: Case Questions: Question 1: Insider trading is the practice in which a person who knows of insider information within a publicity traded company either sells their stock prematurely that they know is going to fall or who tips off a client that the stock is going to plummet in which case, causes the client to sell early and have an unfair advantage in the market, (Cheesemann, 2013). The practice of insider trading is higher regulated by the SEC within the United States. Tipping is the practice of providing insider trading information to another person who ...

1.0 INTRODUCTION According to Ekelund (2014, p. 76-77), the franchisor-franchisee relationship is far more complex than the traditional supplier-retailer relationship. First, the franchisor retains the ownership of the brand or the trademark, which the traditional supplier did not over its products. Second, the relationship is subject to conflicts, directly arising from the independent power of the franchisor and the franchisee as well as the interdependence of both. These factors create a flash point in the relationship, which if not effectively managed can destroy the relationship and economically impact on each other as a consequence of the relationship. In this ...

The merger between the Bank of America and Merrill Lynch

Astute Diligence provides that there is a criterion followed before any acquisitions. Benchmarking of the performance of the company on sale is critical in that it provides the buyers with a background and stability of the shares they are about to purchase. Horizontal mergers may result in economies of scale as production is concentrated on fewer sites, labor, and capital used more intensively. It happens if companies that seek to merge are in the same line of production denoting that the business that buys will incorporate what it has been doing the acquired one. Other savings may arise from ...