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Contract Law / Australia Essay

… Contract Law / Australia

The term "Contract Law" has the ability to almost immediately make someone thing of lawsuits and litigation. For the most part, contracts are thought of as being very formal documents written up with language that is difficult for the average person to read and much less understand. However we may feel about contracts, we must not deny that they are a part of our everyday lives. Almost every aspect of what we do in modern life requires a contract today. Take, for example, eating in a restaurant (you get the menu, eat, then you get the bill; even the credit card you pay for that meal with is a contract) and purchasing a plane ticket to see relatives (which you probably…. [read more]


Start and Run a Successful Fast Food Research Paper

… ¶ … start and run a successful fast food pasta restaurant with a drive through?

Nature of problem to address

Specific research questions

Key definitions of terms

Stream one: Opening a business

Stream two: The fast food pasta industry

Stream three: key success factors in the fast food business

The steps to opening a fast food pasta restaurant

The characteristics of the fast food pasta sector

Key success factors to operating a fast food pasta restaurant

A personal reflection

The society of today is undergoing a wide array of changes, some present at the economic level, others at a political level, or others at a demographic level. Regardless of the nature of the change, the fact remains that the population itself is undergoing numerous processes…. [read more]


Collateral Contract Essay

… Collateral contract is one in which a party agrees to enter into a contract with another party, contingent on a third party's performance. The consideration in a collateral contract is the promise to enter into the second contract. If the third party fails to deliver on his or her performance, then the collateral contract is voidable -- the party is not bound to the second contract because the terms of the collateral contract are upheld. It is important to get the collateral contract in writing so that all parties understand the terms of the collateral contract, and that it is a collateral contract. The collateral contract need not be in writing under the terms of the law, but failure to put the collateral contract in…. [read more]


Terms of a Contract Case Case Study

… CONTRACT FORMATION ISSUE -- HUNT V. MCLLORY

Case Background and Decision

Hunt owned and operated a farm. He borrowed $175,000 from Mcllory Bank and the two parties also discussed long-term financing for the farm. The discussions about long-term financing were oral and there were no specific terms ever agreed upon about the dollar amount, repayment terms, or interest rates. Hunt signed a promissory note for the loan and eventually defaulted on it. The bank foreclosed on the farm and other collateral for the loan. Hunt countersued arguing that the bank had breached the oral agreement to provide long-term financing to the farm. The court ruled that no contract for long-term financing had ever been created because the oral discussion did not create a contract since…. [read more]


Protection Afforded to a U.S. Carrier Operating Term Paper

… ¶ … protection afforded to a U.S. carrier operating in Chapter 11 bankruptcy have a negative impact on the overall air transport industry?

Chapter 11-bankruptcy protection has been seen as a lifeline for companies on the verge of total financial collapse. The protection given by U.S. constitution allows companies another chance to reorganize while being protected from meeting normal financial and operating obligations. Those with financial interests -- secured and unsecured creditors, debt holders, stockholders, employees, and retirees have to be prepared to make sacrifices to keep the company afloat. Chapter-11 protection has enabled the sinking companies to impose new wage and benefit plans for its employees, redesign the pension and health plan and in brief gives them protection from their contracts and obligations.

In…. [read more]


Private University Is Selling Term Paper

… It was noted that in 96 of the top 100 markets, the HHI of the mobile industry is over 2500, which is considered to be a concentrated market. When a market is concentrated, the DoJ typically does not allow mergers that would increase the HHI more than a further 200 points, as anything beyond that threshold would increase market power for the acquiring firm. The increase with this deal would be 700, too much for the DoJ's threshold (Stewart, 2011). Some observers have argued that there are alternatives -- landlines, prepaid, small providers -- which would mean that the DoJ's interpretation of the market as the U.S. mobile communications market is incorrect. However, I see these as poor substitutes -- small companies do not offer…. [read more]


Evolution and Spillover of the Subprime Crisis Term Paper

… A recent headline in a United Kingdom (UK) newspaper may have said it
all. The headline read, "UK banks preparing to access BoE's emergency
liquidity scheme" (Aldrick, 2008). The article describes how UK bank
liquidity has been affected by the subprime mortgage crisis that was
perpetuated primarily by Wall Street firms in search of higher profits.
The article highlights how global the financial world has become and how
banking institutions in the UK can be affected by actions taken by
financial firms halfway around the world. Many analysts believe that the
industry is facing a financial crisis as defined by such notable economists
as Minsky and Krugman.
A financial crisis as defined by Hyman Minsky is a situation brought
about when money demand and money…. [read more]


Corporate Social Responsibility Initiatives Essay

… These bodies may consist of a high official and other managers that are in the organization. The body may also consist of a specialist in the field of ethics. The monitoring body would have their own set of rules to follow in different situations. These bodies may also conduct audits about ethics in the company and may also analyze complaints about ethics violations (Dubrin 74-105)

Written Codes of Conduct

The managers may also instruct the employees to follow specific codes of conduct in order to make them moral and socially responsible. These codes usually ask the employees to behave with integrity. These codes may cover general or specific aspects such as behavior with colleagues and the highest value of the gifts that one can receive…. [read more]


Finance One Difference Between Industries Multiple Chapters

… DQ1, Chapter 5, 6. Investors are seldom made whole with the "make whole" provision. A premium of 0.4% over Treasury is not consistent with the risk level of the firm. The YTM on the bond will reflect the actual credit quality of the bond, but ECY is not nearly large enough to have AAA credit, so the make whole provision does not apply a significant enough risk premium to the bonds -- the investors are not entirely made whole.

7. I would recommend regular coupon issue for a couple of reasons. The first is that the company raises more money in the short run, though it pays out more in interest down the road. However, regular coupon bonds are also more common and therefore have…. [read more]


Parental Alienation Syndrome a Family Systems Perspective Research Proposal

… Parental Alienation Syndrome -- a Family Systems (systemic) Perspective

Parental alienation is stated to be a term that has been coined for the purpose of describing "a phenomenon that occurs when a child becomes allied with one parent and disparages or rejects the other." (Appell, nd) This is generally known to occur in "cases of high conflict divorce." (Appell, nd) Gardner (1989, 1999, 2000) coined the term 'parental alienation syndrome" or PAS due to a common cluster of symptoms in such families and the child suffering from PAS may exhibit the following behaviors either in full or in part: (1) the child is aligned with the alienating parents in a campaign of denigration against the target parent, with the child making active contributions; (2) rationalization…. [read more]


Durable Power of Attorney Executed Research Paper

… Should Jane not act in good faith in overseeing John's estate, then his heirs and predecessors would have a right to question the actions of Jane and have a court of law review her actions.

XI. Revocation of the Durable Power of Attorney

In the State of Alabama, the durable power of attorney may be revoked and must be done so in the following manner:

" A durable power of attorney executed pursuant to this section may be revoked by written revocation signed and dated by the principal or person acting at the direction of the principal, or being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel or by a verbal expression of intent to revoke made in…. [read more]


Secured Trans Lasalle Bank, N Essay

… , 2011; WestLaw, 2011). The property was actually repurchased by the lender, LaSalle Bank, from a sheriff's sale, leading to an even more complex case and where a decision had to be made regarding the cash from the sale -- the lender put this cash up and stood to collect some or all of it as partial payment on the mortgage, yet the contractors were also entitled to a substantial portion of the sale proceeds for the money still owed on material and labor (Glazov et al., 2011; WestLaw, 2011). A decision under Uniform Commercial Code Article 9 was rendered but appealed, and the resulting Illinois Supreme Court ruling led to the establishment of a rather novel yet highly equitable outcome and precedent (Glazov et…. [read more]


Victor and Hugo Both Knowingly Case Study

… "

Unfortunately for Victor, this probably won't work because the amount of the haul was not a "basic assumption on which the contract is made."

On the other hand, the situation with Kaboom Ltd. is much different. Kaboom Ltd., though remiss in not requiring Victor to show his license proving his right to purchase explosives, was an innocent party. Kaboom did not contract to be paid if the haul was sufficient. Kaboom contracted to be paid in six monthly installments, presumably with no knowledge of how these explosives were to be used. Thus, Kaboom would be considered an innocent party with regard to the burglary. However, Kaboom may be considered a "guilty" party for failing to require Victor's license prior to selling him the explosives.…. [read more]


Privacy Security National Essay

… Yet the military industrial complex has found a new avenue of growth in a war that can virtually never be won. This allows major corporations to continue to sell military goods to fight the war on terrorism and the U.S. public pays the bill.

Conclusion

WikiLeaks and the content that Edward Snowden have released information that has shocked most Americans. WikiLeaks worked to expose many of the unethical practices in which the United States officials and the military that persisted in foreign affairs. They showed that there were many activities that could be considered war crimes in violation of international law. These leaks also documented many instances in which the government has been coercive, to say the least. The showed that the U.S. had planned…. [read more]


Corporate Civil Procedure and Constitutional Law Term Paper

… Gilbert Law Summaries: Constitutional Law by Jesse Choper

The United States Constitution is the foremost legal authority for laws created in the United States. Though the Constitution is a federal document, it applies to all laws at every level in the United States. Therefore, any law that fails to comport to constitutional standards is illegal. The Constitution specifically prohibits certain types of laws and also dictates which branch of government has the power to enact certain types of legislation. This essay provides a brief overview of several of the key factors in constitutional law, including the areas where a practitioner is most likely to encounter constitutional issues.

Powers of the Federal Government

While the Constitution appears to establish the supremacy of the Supreme Court's decisions,…. [read more]


Financial Risks of a Business During Start Up Essay

… Financial Risks of a Business During Start Up

The contemporaneous society reveals a tendency of every man for himself. Within the business community, this has materialized in the opening of numerous small businesses, run by former corporate employees, who became motivated by the desire to be their own bosses. We see examples of successful entrepreneurs every day and each of us may be tempted to try and open a business. It must however be mentioned that the risks of opening a business are rather complex and more numerous that one may seem to think. And they spread on numerous levels, such as marketing or management risks, financial risks of human resource risks.

Financial Risks of a Business during Start Up

In terms of financial matters,…. [read more]


Business Comparative Law Essay

… If the contract is agreed to by all parties concerned then, even though the place of business is not located in the country of origin, the location can be governed by the laws of the country of origin (Davis, et al., 2001).

Conclusion

Disputes can occur with any contract when one party or the other believes that they have been wronged. Of course this is complicated when the law of two separate countries is involved. Sometimes, unfortunately there is no clear law from one country or another, and in that case the court of the originating country can make precedent. This is a case where "Whenever a Court has felt what it believed to be the pangs of justice gnawing at it, the Court has…. [read more]


Company Audit Occurs Case Study

… This management structure is normally more exemplified in Great Britain. The prevailing structure of the Coca-cola Great Britain comprises of the combination of the elements of the centralization and decentralization. The existing divisions and the regions within the Great Britain normally operate as business units teams with every Director reporting to the prevailing General Manager who is most cases is called the division President.

Nevertheless, there exists matrix structure of every function that normally entails the Finance Director within the Great Britain division who reports to the prevailing Great Britain President. The Finance Director within the Great Britain division also reports to the existing Finance Director of North West Europe Division. Moreover, the chief functions within the Coca-Cola Company also operate across the existing geographical…. [read more]


United States Steel Corporation Research Paper

… United States Steel Corp v. Commissioner

In United States Steel Corporation v. Commissioner, the court was called upon to determine that appropriate way of allocating additional income to a corporation with wholly-held foreign subsidiaries. This is a critical question, particularly in a global economy, when businesses may have dual motives for the creation of wholly-owned subsidiaries, and the reduction or avoidance of taxes may be among the taxpayer's legitimate goals in forming those corporations.

Petitioner United States Steel Corporation, the world's largest producer of steel, wanted a way to develop iron ore found in Bolivar, Venezuela and transport it to the United States for processing into steel. United States Steel Corporation organized Orinoco Mining Company, a Delaware Corporation, to develop the deposits, and then Navios…. [read more]


Derivatives Research Proposal

… net, 2012).

The continued use of derivatives is still uncertain though and Rolls-Royce may well be threatened by the upcoming legislative battles. The next round of talks must decide the technical details of proposed derivatives legislation, which may well be based on the accounting definition of a hedge. However, Rolls does not hedge account. The company decided in 2005, with the introduction of International Financial Reporting Standards (IFRS), not to use hedge accounting; instead Rolls chose to remain with its existing hedging programme and subsequently explain any derivatives-related volatility to investors. Should accounting rules become the basis for Emir's clearing exemption, Roll's policy could create problems for them (Risk.net, 2012).

Rolls-Royce managers are hopeful that the definition of what constitutes hedging activity under Emir will…. [read more]


Career in Human Resources Research Paper

… ("Choose a Career," 2008)

HR development personnel are involved in training and orientation. A few of the different functions they are emphasizing include: training sessions, administering on-the-job training programs, evaluating training programs and maintaining necessary records of employee participation in all training / development programs. These objectives are achieved by having actual workshops or taking employees on field trips. This allows firms to deal with issues such as: hiring and training everyone (which is streamlining their costs and resources). ("Choose a Career," 2008)

Total rewards are when there is focus on the benefits that everyone is receiving. This means that HR staff is concentrating on a number of areas including: analyzing job duties, writing job descriptions, performing job evaluations / analysis, and conducting / studying…. [read more]


Maritime Insurance Marine Essay

… The exception to 6.2 is if pirates attack and seized the vessel. In 6.3 the insured is not covered when the vessel is damaged by minds, torpedoes, bombs, "…or other derelict weapons of war" (EMIA, p. 2).

Does the maritime law in England cover strikes by unions? "In no case" does this insurance cover: a) (7.1) damages or expenses caused by "…strikers, locked-out workmen, or persons taking part in labour disturbances, riots, or civil commotions"; b) (7.2) damages or expenses caused by strikes, work stoppages, riots or civil commotions'; and c) (7.3) damages or expenses caused by "…any terrorist or any person acting from a political motive" (EMIA, p. 2).

The EMIA goes into a list of claims that are valid, and the EMIA also…. [read more]


Role a Business Advisor Essay

… At an international scale, and even more so within the developed regions such as the United Kingdom and the United States, people are becoming more aware and self-conscious of their eating habits.

"Nowadays the health problems due to diet are different. People die prematurely from heart disease and cancer. They can become disabled because of high blood pressure and strokes, and many people suffer because their digestive systems are unhealthy. Many people are also overweight or suffer from tooth decay" (Cole-Hamilton, Livermore and Watson, 1987).

In a context of declining health due to alimentation, the consumers in the UK are starting to focus on more healthy products. The new fast food venture ought to meet these needs by selling fast food products rich in fresh…. [read more]


Cybercrime Prevention Program Essay

… Cybercrime is a concept that never been comprehensively defined using a single and universal definition. It can be used to refer to a criminal offence that involves the use of Computers as the instruments of crime.

The dilemma

Cybercrimes fall under two broad categories (Davis and Hutchison, 1997). The initial one involves of the use of a computer system in carrying out criminal activities.This first category is made up illegal activities tha have often been targeted by police in the real world (physical), but at the moment is being observed at an elevated frequency over the internet backbone. Some of these forms of crime areharassment, child pornography, intellectual property violation, fraud, criminal harassment and the dealing in illegal substances and materials. This shows the fact…. [read more]


Concise Analysis of Intelligence and National Security Essay





Principle 5: Public Authority Non-Exemption



The above disclosure conditions are to be adhered to by all public bodies, which include the courts, the parliament, overseers, military, security organizations, intelligence organizations, police forces, heads of government and state, and all divisions of the above. Facts cannot be suppressed citing national security reasons on the mere basis that an intergovernmental organization, another country, or a certain public body or division within a body produced or was imparted the information (Byman, 2014; Bush, 2002).



Principle 6: Overseers' Information Accessibility



Every appeal, ombudsman, and supervisory body, which includes tribunals and courts, ought to be provided with the accessibility of all facts, even national security related facts,…. [read more]


Starting a Small Business Term Paper

… Starting a Small Business

The prevailing tradition in business trend, often known as organizational synthesis, is revolving around the dual concepts of 'big' and 'small' enterprises that legalize a research concentration on large, 'centre' firms in national and international economies. In such creation a small business is marginalized in terms of 'periphery' as a residual when a considerable class of firms those were unsuccessful to sustain i.e. becoming large, that captures 'secondary labor markets' and economic 'niches', and that mostly depend upon dominating enterprises for the agreed orders. Their hardship stems from feeble entrepreneurship, sector-wise hindrances to scale economies, or other sources but in real meaning, they are placed as a deficient 'other' whose importance assists justify the importance of the 'core' and the historical…. [read more]


Homelessness in Contemporary American Society Essay

… Homelessness in Contemporary American Society

Homelessness

is defined as the lack of permanent night-time shelter and it is a problem that affects between 3 and 4 million Americans of whom almost half are children. Those numbers probably underestimate the true extent of the problem because it does not include people who are dependent on the generosity of friends and family who allow them to sleep in their homes during periods when they would otherwise join the ranks of the homeless. Even before the recent economic recession, families with children were the fastest growing group of homeless people and that rate has only increased since the bursting of the housing bubble in 2008 and the economic crises that followed closely thereafter. Homelessness is more of a…. [read more]


Communicable Disease Outbreak (SARS) Essay

… By counseling my asthmatic patients to remain indoors when possible during poor air days, and to reduce their physical exertion when they are forced outside, it is eminently possible to lower the number of lung-related cases handled by hospitals each year.

References

Banos, A., & Lacasa, J. (2007). Spatio-temporal exploration of SARS epidemic. Cybergeo: European Journal of Geography, 408. doi: 10.4000/cybergeo.12803. Retrieved from website: http://cybergeo.revues.org/12803?lang=en

Los Angeles County Department of Health Services, (2001). Childhood asthma in los angeles county, 1999-2000. Retrieved from Los Angeles County Department of Health Services Public Health website: http://publichealth.lacounty.gov/ha/reports/habriefs/v3i6_asthma/asthm.pdf

Los Angeles County Department of Public Health, Acute Communicable Disease Control. (2011).Communicable disease manual. Retrieved from website: http://www.publichealth.lacounty.gov/acd/procs/b73/B73Part4.pdf

Murphy, C. (2006). The 2003 sars outbreak: Global challenges and innovative infection control measures.…. [read more]


Economic Crisis Policies US Current Research Paper

… S. money market back to its operations by assuming that U.S. financial system had enough liquidity to expand the market operations. Fed Reserve accepted the less credit worthy securities as collateral and held safe U.S. treasuries to keep the money supply constant. These were later termed as "toxic waste removal" policies.

Fed Reserve introduces another set of program by taking over multinational insurance company American International Group (AIG) on September 2008. This program was implemented through option of purchasing asset backed commercial paper from money market mutual funds. This policy was termed as Quantitative easing by Bernake.

Discussion

First the U.S. economic crisis was only of real estate and later on it developed into global financial crisis. If it is to be judged that Fed…. [read more]


Fault: An Alternative Term Paper

… "

The largest cluster of incidents (216 or 55%) occurred in NHS hospitals. The second largest group (99 or 25%) could be ascribed to General Practitioners. Of the incidents reported:

55% claimed the effect was emotional, minor or temporary in nature

28% reported a temporary or permanent major disability

30% claimed the event had a permanent impact on their health

35% reported to have taken at least one month out of work due to the event

25% reported missing at least one year of work because of the event

Perhaps most notable were the answers to the question: "What response would be most appropriate to the event that occurred?" The majority, or 34% of those surveyed felt that an apology or an explanation was appropriate.…. [read more]

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