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Business Law
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...Business Law One of the prime aspects which seeks to define and limit the means by which business interacts with the economic environment is the existence, use, and application of a litany of different legal constraints. These legal constraints cannot be understood in a singular fashion but rather must be understood within the context of the times that necessitated them. Accordingly, this brief analysis will review some of the laws that constrain business, seek to integrate an understanding of why they came to be in existence, and draw an overall level of importance with regards to the means by which these constraints help to benefit society and the end consumer... . As a function of this, the...
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Business Law
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...Business Law Question The law protects the minors from being exposed to harmful situations and events such as prohibited videos such as pornography. In this case where the state of Wisconsin enacted a statute that prohibited the advertisement of video games, xGamez as a company when it prohibits the same may defend itself by proving beyond reasonable doubt that the putting up of ads was not in violation of the statute as the same had an effect on their operational business as a video production and advertising firm. The defendant’s best defense against conviction is in relation to the placement of the ads would be that it...
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Business Law
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...Business law Law defines a set of rules that governs legal interactions among individuals in a society. Business law outlines rights and obligations in business relations. This paper seeks to explore a legal situation in termination of a partnership. In a case, Hylton and Meztista, partners in a business agreed to terminate their venture and to share the firm’s net worth equally. Meztista produced a balance sheet with an indication of the firm’s net worth and a proposed 50 percent proceeds for each partner. While Hylton questioned the validity of the financial statement,...
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Business law
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...Business Law Over the years, the courts have been at limited in finding solutions and punishments for white-collar crimes. This is because white collar crimes involve professionals in the corporate sector that do not involve violence in the criminal activities. This paper outlines alternative ways to deter corporate crimes and favorable punishment that can be enforced by the judicial systems. In the current society, individuals require a comprehensive approach of law enforcement in order to combat white collar crimes. This involves coming up with strong and reliable internal control systems under the stewardship of both internal and...
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...Business law Ernest Price obtained prescriptions and supplies of Oxycontin for treatment of sickle cell anaemia, from different in different cities, suffered from the drug’s adverse effects, and sued his clients and associates (doctors and pharmaceutical companies) for failing to warn him of possible addictive effects of the drug. Possible response to Price’s claims The court is likely to dismiss Price’s claims because of various legal concepts that invalidate his contract with the parties and even undermine possible claim from their dealings in the drug. A contract is only valid if its subject matter is legal and Price’s act of concealing information...
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Business Law
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...Business Law Regarding the first case (USA s. Robert Tappan Morris), I think that the most probable crime that he may be most likely to be charged is the crime damage to property. This is because of the fact that the virus he created, whatever his intent maybe, actually resulted into tangible damages on digital properties, especially on computers located on a number of educational and military institutions. I think that the prosecution would turn out to be successful, given that the worm created by Morris clearly resulted into damage of property. With regards to the second case (Pasquantino v. USA), the Supreme Court actually decided against the...
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...Business Law Case Study First Business Law Case Study The business case study involving Jamie Clark and Joe Adamson is mainly a partnership, but due to some issues arising between the two partners Jamie has decided to take legal claims against Joe in the court of law. In order to pass judgment in this case, the partnership agreement would be examined and discussed according to the court of law case. Issues like business law, business partnership, intellectual property, and limited liability will be investigated to further...
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...Business law UNITEDSTATES COURT OF APPEAL FOR THE FIFTH CIRCUIT. BRIEF OF CASE 1. CASE: Woods& Gulf oil, Holiday Inns, Interstate Inns, and Jessie Interstate. (Alabama, 1972). 2. PROCEDURE: Plaintiff Wood sued Defendant Gulf Oil Company, Goynes, for $25,000, compensatory damages, $25,000 to Interstate and Goynes and a further $25,000 top Holiday Inns as punitive damages. Reversed and new trial granted .Woods Appeal. 3. FACTS: Interstate Inns revokes the Woods card on directive by the National Data that it was out of credit. Upon notification by the waiter, the defendant paid in cash all...
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Business Law
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...BUSINESS LAW Sources of English Law and Equity in respect of English Law ………………………………. College ……………………… ………………………………………Outline the sources of the English Law in the order of their importance. The main sources of English Law are 1) House of Lords, 2) European Communities Law, 3) Legislation or Statute Law and 4) Common or Judge-made Law. The House of Lords stand at the summit of the English court’s framework and it has both legislative and judicial functions. It is to be considered as the first source of English Law because its decisions and case law conclusions are binding in all courts below it in the hierarchy (Kelley and Holmes, 1997). House of Lords is considered to be the last resort... ...
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Business Law
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...Business Law Case Study This case study demonstrates the confusion that sometimes arises between the federal laws and the state laws as business owners worry about which law has the constitutional authority to regulate their business activities (Clarkson et al., 2008). (I) In the United States, the federal government is supported by the Constitution to enact any laws that would serve the purpose of protecting the interests of US citizens; in a similar vein, state governments, which act as independent plenary bodies, can also make laws as...
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...Business law Law defines sets of rules within a jurisdiction that regulate relationships and interaction between persons in the jurisdiction.Business law is a branch of law that regulates commercial transactions and relations that are created thereof. This paper seeks to answer questions on commercial based cases. Question 1 Gharar refers to uncertainty or a perilous condition that is illegal under Islamic law. As a result, no damages can be awarded for breach of a contract in which a party took risks. The law therefore limits damages by the extent of the taken risk...
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Business Law
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...Business Law BUSINESS LAW Titus Rock Manickam Order No. 280809 17 March 2009 BUSINESS LAW Issue Port Utopia is a very popular tourist and convention destination. Out of the six hoteliers two are confident that demand will support an increase in prices such that accommodation is not offered less than $300 per night. Out of the six hoteliers only Brad is uncomfortable with the increase in prices and leaves the discussion midway. Ultimately, even Brad is compelled to increase the price (Trade and Consumer Protection Law). Decision The increase in price is justified obviously...
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...law, there is no freedom.”Every society makes and enforces laws that govern the individuals, businesses, and other organizations that function within. Law is defined as a “set of principles which must be obeyed and followed by citizens, subject to sanctions or legal consequences” (Cheeseman 25). The concept of law is complex and is based upon the fundamentals of common and civil law. Both of these laws are essential in the American court system, and will be thoroughly discussed in this paper.                 The History of American law can be dated all the way back to when the American colonies first settled... common and civil law are essential in our legal system and will...
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Business law
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...Business Law After an analysis of the facts of this case, the opinion is that ABC Investments Inc. can succeed in a suit against Zulu Computer Corporation for fraud. From this case, it is evident that there is a case of silent fraud, where the defendant, Zulu, failed to disclose some material facts about the purchase, material facts with which the plaintiff, ABC made reliance upon when making the purchase. In this case, material facts refer to information, which, if known, would make a difference on the decision made by a party in an agreement (Clarkson, Miller and Cross 156). When dealing with fraud, reliance refers to the fact that one party would not have entered into the agreement... to...
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Business law
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...Business Law al Affiliation Business Law Part A. Business Options and Compliance Starting a business has never been easy. There are many considerations that have to be made. Whereas there are social and economic problems that might be easy and less complicated to handle, the legal issues are more complicated to even comprehend. These issues include the ability to make a proper choice of business options that will ensure that the entrepreneur achieve their goals and objectives without being limited by regulations which were not made clear before the establishment of the...
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Business Law
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...BUSINESS LAW Table of Contents Case 3 Case 2 4 Bibliography 5 Case The laws or the statutes in the United s are enacted by the elected bodies of the representatives namely House of Representatives and the Senate along with the state governments. A law is basically passed to serve the purpose of the nation, humanity and citizen at large. The federal and state government do enjoy such authority as the endangered species of birds needed to be saved from the radio active emissions of the vehicles. Also, there have been many such cases where the interracial marriages have not been successful and rather contributed to domestic violence. To save the marriage couples from such unfortunate happenings... ...
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Business Law
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...Business Law Interest in corporation in a manner to invest money and have shares of that corporation is equity in form of Stocks. Total liabilities if subtracted from the total assets is also defines equity as the stakeholder’s equity. Equity is also the surplus amount of property one owes. Equity in the language of brokers is the amount that is margined above from the securities. Though this may show that equity is of different types. Equity in Markets – Stocks In financial markets there are number of ways to earn money besides doing the original business. One may be the money market; that is lending and borrowing high amounts as daily transactions. One may be the exchange of currency... ...
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BUSINESS LAW
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...Business Law A UK Courts Structure Fig The UK Court System The court system of the United Kingdom is divided in the criminal, and; the civil. The Criminal Division. The criminal division is composed of the Magistrates Court and the Crown Court (See Fig. 1). The determination of which court handles which case is decided on the kind and gravity of the offense. The Magistrates Court try both civil and criminal cases. The offenses tried by it are summary in nature and the least serious of all offenses. It can also try either way-cases – cases which can be tried either in the magistrates’ courts or in crown courts. The magistrates are staffed by either lay...
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Business Law
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...Business Law The evidence about the market value may proof decisive in a summary judgment if Nine Mile Mine can demonstrate that it is a genuine issue of fact, if it necessitates termination of a contract whenever it arises. This could mean that the business cannot be allowed to continue if the market value of the timber equals the amount, which was originally agreed to be paid as rent – the essence being that Nine Mile Mine could no longer make profits if this business continues. Essentially, Nine Mile Mine is seeking summary judgment motion, with the intention of dismissing the contract because they no longer have confidence in Lewis to continue with the business because he does not have... ...
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Business Law
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...Business Law A contract is a legally biding agreement with clear-cut terms between two or more parties or entities.It involves making a promise to do something in return of a benefit; either financial or a consideration for the same (Edwin 126). From the definition of the contract law, it can be argued that the contract between Standard Storage Company and Tri-Country Investment Corporation does not include furniture as part of the sale. This is because inclusion of the furniture is not part of the definite terms enlisted in the final contract. The contract also clearly states that, “This document supersedes all the prior promises relating...
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Business Law
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...BUSINESS LAW 24 November BUSINESS LAW The case of Roginsky case against Smunt for breach of contract will prosper. Here, there was a valid offer made by Smunt, as offeror to Roginsky, as the offeree, which was validly accepted by the offeree. “There was a proposal by one party, and assented to in the same terms by the other party” (Oughton and Davis 24). Thus, there was a binding contract created by the offer made by Smunt and acceptance by Roginsky. In the case of Smunt, such offer became valid because prior to the acceptance, he had the intention to be bound by such contract. Such offer of Smunt signifies a legal commitment on his part, a proposal which he has extended to Roginsky... [Manager]...
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Business Law
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...Business Law In general terms, breach of contract refers to an act of not honoring a legal cause ofaction in a contract or a binding agreement. One party or more to a contract can fail to honor a cause of action in a contract either by interference by the performance of the other party or by non-performance (Stone 23). In other words, a party can be said to have breached a contract when and if he or she has not perform the duty as had been mentioned in the contract or if by his or her conduct and action he seems not to be able to perform the contract. Whereas in the scenario Abigail has no actual financial or other damages as a result of the contract, she...
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Business Law
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...BUSINESS LAW In the debate about minimum wage, President Obama d that the congress should raise the federal wage from $7.25 an hour to $ 10.10 an hour. In the debate, poverty was defined by an annual income below$11,670 of a person living alone and below $ 23,850 in a family of four (Kosters, 1996). I do not believe that the federal minimum wage should be increased. Reason being, raising wages will lead to massive unemployment. A lot of people will lose their jobs in order to cater for increment in wages. It could as well lead to replacing of employees with computers. Loss of jobs does not go hand in hand with employment law that states...
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Business law
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...law is created and implemented by the government. Whereas private law may be similar in many regions, public law only has jurisdiction within the country it was created. However, there are some few private laws that do not fall under centralized rules and regulations on the basis of business. The statutes under public laws and regulations obligatory and compulsory hence are ought to be obeyed by individuals of the particular country they were created. They are also under the prudence of institutions in leadership in a country. According to Kelsen (2009, p. 202), “As a rule private law provisions are at the disposal of parties and can be derogated from, amended or waived... ? Differences and Comparison...
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Business law
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...Business Law Task This paper seeks to find out about business law. It establishes a case in South Carolina and then explores it with regard to business law. It then looks into the various types of courts available, then lists, and explains different types of substitute dispute ruling mechanisms. Business Law, also known as Commercial Law, presides over dealings between business entities such as business formation, ranging from lawsuits to contracts. Also incorporated are unifications, acquisitions, and...
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Business Law
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...Business Law In circumstance a), the two ifications of law suit that are entailed include; private and civil. The categories of law in this circumstance serve the purpose of ensuring social justice. This is because the circumstance entails personal responsibility between the condominium homeowners and their clients. In circumstance 1 (b), private and civil laws are involved. The laws serve the purpose of providing order. This is because the private colleges are governed by private law and the sign limitations are set to ensure that non-violent protests do not disturb peace within the various locations. In circumstance 1 (c), private and criminal law suits are involved. They serve a purpose... Lecturer:...
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...Business law The case involves an accident in which Andre ran into Peter along a road. Andrew was over speeding while Peter was 100 meters away, standing on a curb. Peter did not pay attention to Andrew’s direction and began to walk across the street in Andrew’s way, realizing the car when it was too close for a reaction. At the same time, Andrew had his attention diverted from the road as he had spilled coffee on his lap. Having his attention on the road would have however accorded him sufficient time to control his car’s speed and avoid the accident. Andrew tried to apply emergency brakes but the brakes were defective, the mechanism snapped, and the car ran into Peter, causing... College: March 3,...
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...Business Law Omission is failing to give information or act when one is required to. This negligence to inform or take action may result to destruction of properties, injuries or even death. Sometimes omission may be intentional or non-intentional. In legal perspective, omission can be used to lure a party to agree to a business deal. One party tricks the other so that they benefit more than the other party intentionally. A person selling cars for instance fails to inform the buyer that the car has mechanical a problem knowingly. The buyer, who is a taxi driver goes ahead and buys the car at the seller value unaware of the mechanical problem of the car. In his mind, he thinks that the car... ...
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Business law
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...Business law Introduction Business law is a the reviews the important principles of practicing legally accepted business Arnold-Baker (2008, p. 484). These include corporations, general partnerships, limited partnerships and sole proprietorships. Other topics include legal requirements, financial status, taxation and liabilities that relate to the principles. This paper incorporates these elements especially legal requirements and liabilities in answering and addressing the issues that arise between the two cases. The two cases include breaches of contracts by the High Street phone shop and Nokia Phone...
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Business Law
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...Business law The best business model for Paul would be a limited liability company (LLC). The choice of an LLC is based on the ease of forming this type of business. LLCs are also inexpensive to form. An LLC allows its members to elect to be taxed either as a partnership or a corporation. This model also allows its members to distribute shares, profits, loses according to their contribution. A limited liability company also protects its members from some or all liability incurred by the entity. An LLC is at liberty to choose its tax regime and in this case, it will allow Pauls entity to be taxed as a partnership which...
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Business Law
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...BUSINESS LAW Question This work will cover the background of contractual liability and concern itself on what Simon ought to doin regards to his situation with Arthur and Fernando. The case highlighted conforms to contractual liability. Contractual liability1 has a very broad meaning and is not always understood. From a lay perspective, the following example will give a simple case of contractual liability. John wants his house painted; so he goes on to hire Peter. They come into an agreement that Peter will paint the house for a stipend fee of $1000 of which $500 is to be paid before the job and the remaining $ 500 on completion of the job. Prior to...
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Business Law
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...Business Law: Excerpted Cases, 2nd Edition. Cengage Learning, p. 274. Specht v Netscape Communications Corporation, 306 F 3d 17, 2nd Circuit CA, (2002). Buckeye Check Cashing, Inc v Cardegna 546 US 440 (2006). Miller, R.L. & Jentz, G. (2007). Business Law Today: The Essentials, 8th Edition. Cengage Learning, p. 99. ProCD, Inc v Zeidenberg 908 F Supp 640 (1996).... Head: UNIT 6 CASE ANALYSIS Unit 6 Case Analysis By The problem involves a shrink-wrap agreement, which is defined as an agreement “whose terms are expressed inside a box in which the goods are packaged” (Miller & Jentz 2009 274). Generally, shrink-wrap agreements are enforceable if the customer fails to object to the terms enclosed with the ...
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Business law
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...Business law Introduction One of the objectives of law is to ensure justice through protection of rights and enforcement of obligation. Civil law offers an avenue for resolving disputes between individuals. Alternative dispute resolution mechanisms however exists for solving disputes outside the court system and this paper identifies three forms of alternative dispute resolution and examples in which each form suits in a business situation. Negotiation Negotiation is a form of alternative dispute resolution in which parties to a conflict tries to resolve their dispute without involving a third party. It...
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Business Law
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...Business Law Question Real E Investment were the real owners of the building. They had entered into a lease contract with Secure Insurance Company regarding the lease of the building for five years. Since it was a contract with a specific consideration both the parties are duty bound by it. Once a contract has been entered upon then the parties have to adhere to such a contract irrespective of the fact that they want to or not. Once the contract was modified in order for the Real Estate Investments to pay for the utility services, it was expected out of them to carry out the responsibilities as mentioned in the contract. However, they failed to carry out the responsibilities as mentioned... 3 November...
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Business Law
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...Business Law Memo All employees The Human Resource department 29/6 Re: A level business dispute that could reasonably arise in your workplace I would like to address the state of a dispute on a business level that could come up in the workplace. An example of the major workplace conflict is the Inconsistent treatment of workers by the executive or by fellow work colleagues. The dispute mentioned above falls on the employment dispute litigation process that will enable the resolution of the dispute (Eaton, 2009). In the state court system, the case will undergo a varied number of legal phases for the matter to be resolved, they include: 1. The Case Intake stage where the complaint is received...
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...Business Law Discussion Post In my opinion, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 is the way forward because due to the impacts it had on the relationship between creditors. An analysis of the act reveals that it tries to protect different consumers from what are known as bankruptcy abuse from practices of those institutions whose main aim is to profit from consumers even in tougher financial positions without caring about their welfare. Therefore, the act strives to stem out all negative bankruptcy laws by protecting the most vulnerable consumers. An example is that to consumers who were viable to be being...
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Business law
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...Business Law The Human Rights Act 1998 and its impacts on English Law and its influence on Business College/ IntroductionThe Human Rights Act 1998 is an act of Parliament that received granting of royal assent on 1998 and it came in to effect on 2nd October 2000. The Human rights Act aimed to give more effect in UK law to the rights that are contained in European Convention on Human Rights. The passing of Human Rights Act has totally abolished the death penalty in UK law. The Human Rights Act brought further effects and changes in English law and this has been a matter of...
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BUSINESS LAW
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...laws. ‘Much of how Parliament does its business is not determined by rules but has become established through continued use over the centuries’- this is known as custom... ?Sources of UK Law Legislation. 2. Case law. 3. The European Union. 4. Custom. These are fundamental sources. They provide a source to make a piece of law. Among them, the first source is legislation. The Parliament of United Kingdom is authorised to produce new laws. These laws first pass different phases. After passing these phases, a bill can become an Act of Parliament. The authority of law making is the right of the Parliament. No courts can challenge the rules made by the Parliament. This level of authority lies in the doctrine...
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Business Law
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...Business law Program Supervisor April 23, Business law Advice on available forms of business organizations that he can establish An individual forms, owns, operates, and dissolves a sole proprietorship at will. It lacks legal personality status. These identify advantages such as easy and fast decision-making and authority over operations and profits but disadvantages such as limited capital base, financial risk, and burden of suffered losses, and lack of sustainability. Transfer also terminates ownership. Personal savings, gifts, donations, and loans are the sources of capital (Miller 2012, p....
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Business Law
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...Business Law The business organization that will best protect us when we start the ice cream business is the Agencies under the small business administration department. This is because it has provision for financial aids for small businesses starters. The name of the company should evoke connotations that reflect the culture and philosophy of the business. The name should also be appealing and attractive to the target market. The business name should be unique, one that isn’t being used online or offline by any other company. Before declaring a name the...
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Business law
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...Business Law Business Law Introduction Business organizations are required by federal and laws to observe certain requirements and submissions in order to operate in the society. This has the potential of affecting managerial and operational activities of the firm due to the legal obligations it has to observe. Accordingly, this paper undertakes a legal preview using two recent legal cases in California State that are of concern to the business organizations. Law Employment law is one of the business laws...
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Business law
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...Business Law: Breach of Verbal Promises- A Context to Australian Court of Instr7utor] of Business Law:Breach of Verbal Promises- A Context to Australian Court Synopsis: This paper aims to discuss the aforementioned statement regarding breaching the oral or verbal promises with the help of legal approaches to breach namely Parole evidence rule and collateral contract. The paper is about the concepts of legalities which fall under the common law being practiced in Australia. Considering the business sphere and daily dealings among enterprises, it is important to take the agreement written or oral under...
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Business Law
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...Business Law Diversity of Citizenship According to the Federal Courts of the United s, diversity of citizenship is a phrase that is basically used t refers to cases involving citizens of different countries that are handled in the Federal Courts of the United States (http://www.law.cornell.edu n.d). That is, it is basically a phrase that is used to refer to cases of involving foreign citizens, government corporate et cetera. Public Policy for Recognizing Diversity of Citizenship Jurisdiction of Federal Courts Diversity of Citizenship in Federal Courts of the United States is guided by the US constitution, specifically under Article III and 2. Trial...
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Business Law
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...Business Law The English legal system Laws and human rights are inseparable in the process to underpin society and the relationship with the citizens. The English law entails all the operations of civil and criminal justice systems. However, the paper focuses on the English legal system bearing in mind that any system of justice cannot be interpreted in isolation. Guideline in to the European law system focuses on recognition through achieving awareness of the political, social, legal, religion, economic and constitutional systems, which influences the lives of everybody within the jurisdiction covered by...
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Business law
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...Business Law Introduction Being the leading country in population as well as having one of the fastest-growing economies, china is a nation that ought to be closely followed when it comes to business economy. With the accession of china to the World Trade Organization (WTO) in 2001, China has been witnessing an increased rate of introduction of laws, particularly, related to business (ECOVIS 2014). EU SME (2013) contends that since china took up the task of developing a ‘socialist legal system containing Chinese characteristics,’ the amount of laws in the country have been breathtaking. Despite the fact that most of these laws are poorly implemented and enforced, those concerned... with...
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...Business Law Description: Civil tort A civil wrong committed by an individual to another that negatively affects his or her reputation, feelings or public image amounts to a tort and warrants for a lawsuit by the injured party (Goldstein, 2003). Similarly, this wrong doing constitutes damages to the injured party. However, in other circumstances, the tort can amount to punishment like imprisonment, but it generally aims at reimbursing or providing relief to the injured party and prevents other occurrences of the same form. The injured individual has the option of suing or getting monetary rewards as damages. Furthermore, he or she can impose an injunction to deter the tortious conduct... ...
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...Business Law Parole Evidence Rule I would like to begin by stating that the contract signed between Novell Inc and Caldera Inc was final and binding to both the parties. They had shown commitments towards abiding by it should the sale of DR DOS succeeded. For this reason, Novell Inc was justified to file a law suit against Canopy for breaching the contract. Since the written contract was only made between Novell Inc and Caldera Inc as the only parties, Canopy was not supposed to come in and make other deductions which had not been part of the written contract. The court was right for refusing Canopy’s evidence as it was not part of the...
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Business Law
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...BUSINESS LAW Explain and evaluate the concept of ‘corporate personality’, considering the attitude of the courts to this important part of company law. Your name …………………….. Course ………………………… Date of submission …………… Introduction A business organization is a body of persons associated together for the purpose of trade. Among different forms of business ownerships, sole proprietorship and general partnerships are commercial unincorporated business forms and those engaged in such business together are treated by law no differently from their...
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Business law
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...Business Law From a legal perspective, in general, the concept of fiduciary duty is embedded in common law and comesfrom the Latin word for trust. Someone acting in a fiduciary role must act for the benefit of the person for whom he or she holds the fiduciary duty to the exclusion of any contrary interest (McDonald 840). Within the investment industry, whether an investment firm or its advisors are in a fiduciary role depends somewhat on their actions. Although the brokerage function of facilitating the buying and selling of securities does not involve a fiduciary responsibility, providing continuous comprehensive investment advice is...
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Business Law
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...Business Law of the of the of the of article: Beware of your firm’s social media usage. Whatever you put on it, someone will have a copy. And litigators love that. Date of publication: February 2011 Author: Scott Sinder Resource: Leader’s Edge Magazine Situation: Use and popularity of social media and networking is increasing by leaps and bounds and the immediate effect which is visible is the legal implications of its usage on business practices. From copyright to intellectual properties and from confidentiality to contractual agreements, social media has raised the brows of ethical and legal torchbearers in this regard. How it relates to business law: Social media... for the benefit of the...
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