...free law essays... These essays have been written by students for you to use to help you with your studies. If you need your own custom law essay then we can help.... Get a quote for your own law essay... 0 Translate this page Select Language ▼ Order Your Law Essay Search Share & Download Like 0 Print Download Email Order your custom law essay today to help you achieve the grade you need. Tw eet 0 Order Now Introduction The most important document in the constitution of a company is the Memorandum of Association of the company. The Articles of Association is the second most important document that needs to be registered by any company for its incorporation, registration and subsequent operation. It is a public document laying down the rules for the internal management of the company and it does not have the force of ‘law’. The provisions of the article amount to public notice, known as constructive notice. This is the doctrine of constructive notice. The effect of the doctrine of constructive notice is harsh on the outsider who does business with a company. An outsider who does business with a company is always presumed to have a constructive notice of the documents of the company. An outsider cannot claim relief on the ground that he was unaware of the powers of the company in case of ultra vires of the company. As criticisms of the doctrine...
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...Issues Based on the case scenario, Doris, Betty, and Charlie formed a company called Bechdo Pty Ltd. The three members are the directors and Betty who is major shareholder holds 40% followed by Charlie and Doris who hold 20% each while the 20% is held by the rest. Based on the company constitution, a managing director has capacity to enter into a contract o behalf of the company up to a maximum of $100,000. Moreover, he/she can enter into contracts to the value of $900,000 upon getting consent for the board of directors. In this case, Bechdo Pty Ltd operates without a managing director since none was elected. The major issue is that Betty being the majority shareholder went ahead and entered into contract with BB Ltd, Jillo Pty Ltd, and Con Development Ltd. All the contracts made were over USD 100, 000, and the last two were over USD 900,000. Upon realization of the contracts, a meeting was convened and a resolution was made that stated that Betty acted improperly and failed to discuss the contracts with board members. As a result, the three contracts have been labeled as void and ultra vires and Bechdo Pty does not recognize them. The paper seeks to advise, Bechdo Pty Ltd, BB Ltd, Jillo Pty Ltd, and Con Development Ltd in regard to their liabilities and legal rights to the contract. Moreover, advice is given on legal grounds that may be taken by Bechdo Pty Ltd against Betty, Charlie, and Doris. Rules First, a corporation or a limited company is an artificial entity which...
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...A MATTER OF PRINCIPLE * Case analysis Perspective of the case Q1) Was Nandini Sharma forced to resign or did she resign voluntarily? To understand the resignation either coerced indirectly by the pharma company or she resigned voluntarily needs understanding of Constructive discharge doctrine i.e “employee’s decision to quit due to un-endurable environment is assimilated to a formal discharge for remedial purposes” [1] At will contract: The definition of at-will employee is “At-will employment is a legal presumption in all U.S. states whereby either an employer or an employee may, with no adverse legal consequences, terminate the employment relationship for any legal or no reason.[2] Exceptions being 1) Violates Public Policy 2) Whistle blower 3) Hostile work environment As presented in the facts of the case, the Nandini Sharma was subjected to violation of public policy and her dismissal stood Constructive Discharge as 1) She received demotion and reduction in job duties 2) Was transferred 3) Badgered 4) Humiliated by claiming un-promotable, uncooperative and unproductive These conditions satisfy to claim “sufficiently intolerable’ environment at the Pharma co. This can be further understood by the case The First Circuit, in Vieques Air Link, Inc. v. U.S. Department of Labor*, It was found work conditions were tweaked for a pilot who blew the whistle to Federal Aviation Administration and the company. The employee was...
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...Fordham Law Review Volume 55 | Issue 6 Article 5 1-1-1987 Constructive Discharge Under the ADEA: An Argument for the Intent Standard Ira M. Saxe Recommended Citation Ira M. Saxe, Constructive Discharge Under the ADEA: An Argument for the Intent Standard, 55 Fordham L. Rev. 963 (1987), http://ir.lawnet.fordham.edu/flr/vol55/iss6/5 This Article is brought to you for free and open access by The Fordham Law School Institutional Repository. It has been accepted for inclusion in Fordham Law Review by an authorized administrator of The Fordham Law School Institutional Repository. For more information, please contact melnick@law.fordham.edu. CONSTRUCTIVE DISCHARGE UNDER THE ADEA: AN ARGUMENT FOR THE INTENT STANDARD INTRODUCTION The Age Discrimination in Employment Act of 1967, as amended 1 (ADEA), prohibits employers2 from discriminating on the basis of age against individuals forty years of age or older.' An employer may not trine of constructive discharge,7 which occurs when the employer creates discharge4 an employee within the protected group based on his age, 5 except as provided by law. 6 In addition, the ADEA recognizes the docworking conditions so intolerable that a reasonable employee would be 1. Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 81 Stat. 602 (1967) (codified as amended at 29 U.S.C. §§ 621-34 (1982 & Supp. III 1985)), as amended by Age Discrimination in Employment Amendments of 1986, Pub. L No. 99592, 100 Stat. 3342...
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...V SEMESTER B.A.LL.B.(HONS.) COURSE ARTICLE SUBMISSION A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development For the academic year 2014-15 Prepared & Submitted by: Submitted To : Bharat Singh (12BAL112) Ms. Alinkrita Tripathi Acknowledgment This study is the culmination of the efforts of a number of individuals and organizations. I gratefully acknowledge the support and inspiration of which helped me to accomplish this project. I gratefully acknowledge all the sources from which this report has been enriched. Though I have taken all efforts to make the report flawless, I take responsibility for any mistake appearing inadvertently. DECLARATION I hereby declare that the project work entitled “A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development” submitted to the Institute of Law Nirma University, is a record of an original work done by me under the guidance of Ms. Alinkrita Tripathi who is the Assistant Professor in ILNU. The results embodied in this thesis have not been submitted to any other University or Institute for the any award or degree. A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development India is the largest democracy which is reason of pride for every Indian. Democracy always reflects view of majority, so now question arises what about those people who are in minority or culturally diverse but still they are...
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...inhumane or unjust by specifically focusing on unorthodox religions during a twenty year period between the 1950’s through the 1970’s. The research focuses on five different unorthodox religions: The People’s Temple, founded by Jim Jones, Heaven’s Gate, founded by Marshall Applewhite and Bonnie Nettles, Scientology, founded by L. Ron Hubbard, Children of God, founded by David Berg, and Branch Davidians, founded by David Koresh. Langone, M. D. (1995). These five unorthodox religions or cults may have had or have different doctrines and practices, but research shows that they may all share the common trait of being inhumane or unjust. Rationale/Thesis Statement In the International Cultic Studies Association article, by Dole and Eichel (1985), a survey was conducted about dangerous practices associated with cults and referenced different actions that they deemed destructive, from coercion to enslavement, which they believe to be inhumane and unjust. This research study will attempt to uncover some of these practices and find out what draws people to these unorthodox religions or cults. Likewise, this research project also attempts to determine the point at which practices become inhumane or unjust. It’s interesting to note, that three out of the five unorthodox religions or cults included in this research were started in the mid-1950’s, at around the time of frequent U.F.O. sightings in the southwest United States. “And I looked, and behold, there were four wheels beside the cherubim...
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...AN AGE OF STATUTES OF LIMITATION ................... 8! A MIDDLE COURSE IN PETRELLA ......................................... 17! CONCLUSION ....................................................................... 18! I. INTRODUCTION The famous Martin Scorsese movie Raging Bull and an ancient doctrine of equity will make a joint appearance later this month at the U.S. Supreme Court. On January 21, 2014, the Court will hear arguments in Petrella v. Metro:Goldwyn:Mayer, Inc.1 The case involves copyright infringement claims about the movie, and about the extent to which those claims are barred by the doctrine of laches. Laches is a defense that was developed by courts of equity, and it is typically raised in cases where a plaintiff has delayed her suit without good reason. Petrella raises two big questions about how laches fits into contemporary American law. One is whether it applies to all claims or only to equitable ones.2 The other is how it is affected by a federal statute of limitations. Is laches displaced, on the theory that Congress has spoken by enacting the statute of limitations, so that it would violate the separation of powers for a court to substitute its own equitable doctrines? Or does laches remain and coexist with the statute of limitations on the theory that Congress legislates against the background of traditional equitable principles? * Assistant Professor, UCLA School of Law. Thanks for comments are due to William Baude, Nathan Chapman, Patrick Goodman, Doug...
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...© MICHAEL NEWMAN/PHOTOEDIT Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western c hapter 13 Employee Rights and Discipline objective objective objective 3 Identify and explain the privacy 4 Explain the process of responsibilities. employment at will, wrongful discharge, implied contract, and constructive discharge. rights of employees. establishing disciplinary policies, including the proper implementation of 5 objective objective 2 Explain the concepts of employee rights and employer 6 Differentiate between the objective objective 1 Explain the concepts of Discuss the meaning of 7 Identify the different types of objective After studying this chapter, you should be able to 8 Discuss the role of ethics in discipline and how to investigate a disciplinary problem. two approaches to disciplinary action. alternative dispute resolution procedures. the management of human resources. organizational rules. PART 5 Enhancing Employee-Management Relations Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western 549 550 PART 5 Enhancing Employee-Management Relations n this chapter we discuss employee rights, workplace privacy, and employee discipline. Managers note that these topics have a major influence on the activities of both employees and supervisors. Robert J. Deeny, an employment attorney...
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...IN ORGANISATION (A CASE STUDY OF MUXOL PAINT DEPORT, BENIN CITY) BY DAVID UYIGUE UNAD/ACC5/2007/371 A PROJECT SUBMITTED TO THE DEPARTMENT OF ACCOUNTING, FACULTY OF MANAGEMENT SCIENCE, UNIVERSITY OF ADO-EKITI, NIGERIA. IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF BACHELOR OF SCIENCE (B.sc) DEGREE (HONS.) IN ACCOUNTING FEBRUARY, 2014 CERTIFICATION This is to certify that this project work was written by DAVID UYIGUE of Department of Accounting, Faculty of Management Sciences, University of Ado – Ekiti State, under my supervision. ------------------------------ ------------------------------ DR KEMI OGUNDANA DATE (Project Supervisor) ----------------------------- ------------------------------ DR. OGUNDELE J.F. DATE (Degree Coordinator) DEDICATION This project work is dedicated to God Almighty, through His only begotten son, Jesus Christ for His Faithfulness and mercy. This project is also dedicated to the family of Mrs. Veronica Uyigue for their financial support. ACKNOWLEDGEMENTS First and foremost, I will like to acknowledge and appreciate Almighty God who saw me through my course of study and granted me the grace to complete this project work. through His only begotten son, Jesus Christ and His Faithfulness and mercy. My profound gratitude goes to my able project supervisor Dr. Kemi Ogundana for her constructive, criticism, guidance...
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...INDIA CHINA LAND DISPUTE Fundamental legal concepts such as sovereignty and jurisdiction can only be comprehended in relation to territory, it follows, that the legal nature of territory becomes a vital part in any study of International law.Sovereignty, with its retinue of legal rights and duties, is founded upon the fact of territory. Without territory a legal person cannot be a state. It is undoubtedly the basic characteristic of a state and the one most widely accepted and understood. A number of legal interests are capable of existing over land and the possibility exists of dividing ownership into different segments. Disputes as to territory in international law may be divided into different categories. Therefore, claims to territory may be based on a number of different grounds, ranging from the traditional method of occupation or prescription to the newer concepts such as self-determination, with various political and legal factors, for example, geographical contiguity, historical demands and economic elements, possibly being relevant. The continuing border-dispute between China and India is a puzzle for many. Arunachal Pradesh, in the Northeast area of India, is territory that is disputed by the two countries. The area around this state is extremely diverse, with many different ethnic groups and identities. It is an extremely strategic area for India. Despite six decades of attempts at resolution, the dispute persists in the face of official booming trade relations between...
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... | | | | | |By Rev. David F. Austin | |3/6/2012 | |Pragmatism - an American movement in philosophy founded by C. S. Peirce and William James and marked by the doctrines that the meaning of | |conceptions is to be sought in their practical bearings, that the function of thought is to guide action, and that truth is preeminently to be| |tested by the practical consequences of belief. | 1 Pragmatism is a philosophical tradition centered on the linking of practice and theory. It describes a process where theory is extracted from practice, and applied back to practice to form what is called intelligent practice. Important positions characteristic of pragmatism include instrumentalism, radical empiricism, verificationism, conceptual relativity, a denial of the fact-value distinction,...
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...place Why is this important? • 2007 study by Jury Verdicts Research indicates that lawsuits by employees are up 400% in the past 20 years. • Recession. • Information Services. • As of 2009, there were, on average, 6.5 claims for every 1,000 employees, every year. Five most popular employment law search topics on findlaw.com: “losing a job,” “compensation” “discrimination and harassment” “wrongful termination” and “family & medical leave act.” “Ya fiyad.” “But, umm. Please don’t sue me?” Poll Question Have you ever fired an employee who later sued your company? • I’ve fired employees, but my company has never been sued. • I’ve fired employees and my company has been sued. • I’ve never fired an employee. Bet your bottom dollar… • $50,000-150,000 – cost range of defending an employer through trial. • $25,000 - 75,000 – cost range of defending an employer up to the summary judgment stage. – If an employee can prove the absolute minimum to bring a case against the employer, it may cost the employer ~$50,000 to have a CHANCE to win a frivolous case. – And if they lose the motion, that’s another 25-50k to try the case. – Keep in mind, a lot of these fees are covered by EPLI, but large defense costs raise EPLI rates for employers. …that employers will lose dollars. • 6 out of 10 employers have had to defend an employee lawsuit in the last 5 years. • 99,922 charges filed with the EEOC in 2010. • Of all employment cases brought to trial in 2010, 67% were decided...
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...Followership Miller, Lisa A. CNM, JD Section Editor(s): Miller, Lisa A. CNM, JD Author Information President, Perinatal Risk Management & Education Services Chicago, Ill For most of my career, I've been in leadership positions. Only 6 months after beginning my nursing career I was “promoted” to assistant head nurse, night shift. At the time, I was naïve enough to think it was my innate skill and ability, when the reality was more likely the fact that no one else wanted the job. I continued to serve in leadership or managerial positions when I became a nurse-midwife. Several years ago, after many years serving as a director of various nurse-midwifery services, I had the disconcerting but ultimately rewarding revelation that I was not a very good boss. Sure, I was good at negotiating the budget, and getting the midwives decent working conditions, but I was autocratic and aggressive, not very desirable characteristics of a leader. I decided to shift into teaching, something I enjoyed and did not require that I be “in charge” of anyone but myself. To keep clinically active, I took a per diem position as a nurse-midwife at a local hospital. It is a position which I still hold today and one that gives me great pleasure. And it is in part because my current boss is such a skilled leader, a leader that I am proud to follow, that I became interested in the concept of followership. | | It seems that a lot gets written about leadership in both business and healthcare. And...
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...GUJARAT UNIVERSITY SYLLABI OF THREE YEARS LL.B. PROGRAMME WITH CREDIT BASED SYSTEM (As prescribed by the BAR COUNCIL OF INDIA and as per the Rules of Legal Education, 2008) Effective from the academic year 2011-12 THREE YEARS’ LL.B. POGRAMME First LL. B. Semester – I FIRST LL.B. - SEMESTER 1 (MONSOON) PER WEEK CORE COURSE 101 SUBJECTS Law of Tort including MV Accident And Consumer Protection Laws Criminal Law Paper – I (General Principles of Penal Law) Criminal Law Paper – II (Specific Offences) Law of Contract Special Contract Constitutional History of India Use of Law Journals and Legal Software LECTURES 4 OTHERS 1 TOTAL 5 CREDITS (SEM)29 5 CORE COURSE 102 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATION 106 F SOFT SKILL 107 K 4 4 4 4 1 1 1 1 1 1 1 1 5 5 5 5 2 2 5 5 5 5 2 2 1 Semester – I Monsoon Semester CORE COURSE 101 : LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION LAWS Objectives of the course : With rapid industrialization, tort action came to used against manufacturers and industrial unit for products injurious to human beings. Presently the emphasis is on extending the principles not only to acts, which are harmful, but also to failure to comply with standards that are continuously changing due to advancement in science and technology. Product liability is now assuming a new dimension in developed economics. In modern era of consumer concern of goods and services, the law of torts has...
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...a shared home is occupied by only one of the co-owners following relationship breakdown, but can equally occur in a commercial context, for example, as part of the dissolution of a business partnership run from co-owned premises.1 Prior to the Act, most claims arose in the context of claims for equitable accounting when the property came to be sold. The apportionment of the proceeds of sale between the co-owners would reflect not simply a division based on the size of their respective shares, but could be adjusted to take account of the fact that whilst the co-owner in occupation may have paid all of the outgoings on the property, such as mortgage instalments and maintenance payments, she also had enjoyed rent-free accommodation.2 Most cases were “backward looking”, *CONVPL 379 looking at past events,3 although occasionally a prospective order for future payment of an occupation rent would be made if the court declined to order a sale.4 The...
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