...Text: Miller/ Jentz, Business Law Today – The Essentials, softback -9th Ed., West,(2008). Bulletin Description: Introduction to the role of law and administrative agencies in business transactions; case studies in torts, property, contracts, sales, agency, business organizations, and employment law. Prerequisites: BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives: This course is part of the BSBA degree program to provide students abilities to: • Demonstrate cognizant skills through case briefs and essays/reports. • Demonstrate successful, participatory team and peer performance. • Apply sound business processes to solve business problems and incorporate critical thinking skills to a series of integrated projects. • Demonstrate, through role playing and/or cases, ethical problem-solving in course content specific situations. The overall purpose of this course is to provide students with a basic understanding of the areas of law that primarily impact business transactions and organizations. Specifically, the course is designed to enable students to: • Demonstrate an understanding of the operations of the U.S. legal system. • Explain the role of administrative agencies in the regulation of business, e.g. Department of Commerce, Department of Labor, Equal Employment Opportunity...
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...Michigan University College of Business Administration Department of Finance and Law BUSINESS LAW – Sp 2014 BLR 235, GRAWN 203 Section # 22241532: 8:00 – 9:15 Section # 22241533: 9:30 – 10:45 Section # 22241535: 11:00 - 12:15 BE RESPECTFUL OF OTHERS – DO NOT ARRIVE LATE OR LEAVE CLASS EARLY SEE BLACKBOARD@CMICH.EDU FOR SYLLABUS AND DATA INSTRUCTOR: DR. ELIZABETH A. CAMPBELL, J.D. (campb1ea@cmich.edu) 205F Smith Hall; 774-4426 Office Hours: T/Tr 7:00-8:00; T/TR 12:15-1:45 *cell phone calls cannot be returned No electronic devices permitted in class Be respectful of others – do not arrive late or leave class early without good cause Text: Miller/ Jentz, Business Law Today – The Essentials, softback -9th Ed., West,(2008). Bulletin Description: Introduction to the role of law and administrative agencies in business transactions; case studies in torts, property, contracts, sales, agency, business organizations, and employment law. Prerequisites: BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives: This course is part of the BSBA degree program to provide students abilities to: • Demonstrate cognizant skills through case briefs and essays/reports. ...
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...MANZUR-E-MAWLA Adjunct Faculty Course: BUS 361 Business Administration Department Prepared By SHAH NAFESH FAYED (ID# 2007-2-10-085) xxxx (ID# 2007-1-10-000) Xxx (ID# 2007-1-10-000) Ahmed Anis Uz Zaman Bhuiyan (ID#2007-1-10-122) ASAD AL HAQUE (ID#2007-1-10-030) Date of Submission: 22-04-2010 Acknowledgment At first, we are paying our gratitude to Almighty “Allah” because without him, we wouldn’t be able to prepare this term paper. We would like to express our respect and heartiest gratitude to our course instructor of BUS 361Md. K.I.M.MANZUR-E-MAWLA, Adjunct Faculty, Department Of Bachelor of Business Administration, East West University. Without him, preparing this report would be simply impossible for us. We also like to thank our seniors and classmates to giving advices and reliable information. We are paying our hearties appreciation to all of these people for their great co-operation, which will be always remembered by us. Letter of transmittal 22 April, 2010 K.I.M.MANZUR-E-MAWLA Adjunct Faculty Department of Business Administration East West University Dear Sir For the purpose of understanding the company law and corporate personality in the real life scenario and what are the cases that influence the company law. Therefore we have prepared a report on Company: A Corporate...
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...agreement between Steve & Garry? 2. Is Garry liable for action of Steve in this case? 3. Is the firm or individual liable for the third party claim? 4. What is liability of Steve to Garry? Sub issue: 1. Is there any agency relationship exist between Steve and Garry? Rules relevant to the issues: 1. Section 18(1) of partnership act 1895 (WA) – Misappropriation of money or property 13 – partners bound by the 14, 16, 17, 29 Slide 29 case Application of the Rule/Analysis Partnerships are a particular form of business association or collective business ownership whose foundation lies in mutual confidence and duty of utmost faith in each other which is also referred as fiduciary relationship. Section 29 of partnership act states that the terms of the partnership may be varied by consent which also displaces the common law rule that a written contract cannot be varied except in writing. In this case, there is no evidence that suggests that Garry had any consent of the actions taken by Steve either written or verbal. Garry has taken several actions such as … wihich is not the normal course of the business. Some are apparently within course of business but going against the basic principal of a partnership .i.e making profit … and hence the breach of the partnership agreement between them. Steve Section 13 states that Slide 13 13 PART B – DAVID Issue: 1. Is David personally liable in relation to the firm’s client? 2. Is David liable for not notifying...
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...Chapter 1 Introduction to Law and 1. The stability and predictability created by the law is essential to business activities. ANSWER: t PAGE: 2 type: = 2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. ANSWER: T PAGE: 2 TYPE: = 3. The natural law philosopher believes that formal law is inferior to universal moral and ethical principles that are part of human nature. ANSWER: T PAGE: 3 TYPE: = 4. Constitutional law includes only the U.S. Constitution. ANSWER: F PAGE: 6 TYPE: = 5. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. ANSWER: T PAGE: 6 TYPE: = 6. To determine whether a law is constitutional, a court will only look at the law’s source. ANSWER: F PAGE: 6 TYPE: = 7. Uniform laws apply in all states, including those in which the laws have not been adopted. ANSWER: F PAGE: 6 type: N 8. State constitutions are supreme within their respective borders. ANSWER: T PAGE: 6 type: N 9. Statutory law does not include county ordinances. ANSWER: F PAGE: 6 TYPE: = 10. Every state has adopted the Uniform Commercial Code in its entirety. ANSWER: F PAGE: 7 TYPE: N 11. Common law is a term for law that is common throughout the world. ANSWER: F PAGE: 8 TYPE: = 12. Damages is the normal remedy at law today. ANSWER: T PAGE: 8 TYPE: = 13. Equitable remedies include injunctions and decrees of specific...
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...Law of Business Organisations SUMMARY 2010 LAWSKOOL PTE LTD BUSINESS ORGANISATIONS LAW TABLE OF CONTENTS 1 :Types Of Business Organization.................................................... 9 1.1 Sole Proprietorships .......................................................................................... 9 1.2 Partnerships ..................................................................................................... 10 1.3 Limited Liability Partnerships ......................................................................... 11 1.4 Limited Partnerships........................................................................................ 11 1.4 Companies........................................................................................................ 12 1.4 Joint-Ventures .................................................................................................. 12 1.5 Business Registration Act [Cap 32, Rev Edn 1985] ...................................... 13 1.5.0 Purpose of registration:................................................................................ 13 1.5.1 Consequences of Non- Registration ........................................................... 13 1.5.2 Power to grant Relief .................................................................................... 14 2 Nature and Definition of A Partnership ..........................................16 2.1 Carrying on of a Business............................
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...| | | | | La Trobe Law School | | LST2BSL: INTRODUCTION TO BUSINESS LAW | | Subject Learning Guide Semester 12015Melbourne (Bundoora) and DandenongSubject Coordinator: Mr. N. Balu Rao | | ENQUIRIESMr. N. Balu RaoSenior LecturerLa Trobe LawLa Trobe UniversityVictoria 3083 | T 03 9479 2824E N.Rao@latrobe.edu.au | Table of Contents Subject Details 3 GENERAL DETAILS 3 ENROLMENT REQUIREMENTS 3 STAFF CONTACTS 3 SUBJECT DESCRIPTION 4 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 4 FACULTY GRADUATE CAPABILITIES 4 LEARNING ACTIVITY SUMMARY 4 ASSESSMENT AND FEEDBACK SUMMARY 4 LEARNING RESOURCES 5 STUDENT FEEDBACK ON SUBJECT SURVEY 5 ACADEMIC INTEGRITY 5 Schedule of Learning Activities 6 Session Plan: 6 Learning Activity Details 7 Lectures: (Weeks 1-12) 7 Seminars: (Weeks 2-12) 7 Assessment and Feedback Details 8 Learning Resources 11 Readings 11 Academic Language and Learning Unit (ALLU) 11 Learning Management System (LMS) 11 Library 11 Student Support Services 12 Learning Summary 12 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 12 FACULTY GRADUATE CAPABILITIES (FGCs) 12 Make the most of this subject 13 Work consistently 13 Practise legal problem solving 13 Participate in all the learning activities 13 Lecture notes 13 Allow sufficient time for study 13 Become a member of a private study group 13 Policies, Procedures and Guidelines 14 Academic Integrity 14 Special Consideration 14 Extensions, Late Submissions...
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...Cork Online Law Review 2007 13 O’Brien, Analysis of the Postal Rule ANALYSIS OF THE POSTAL RULE The Postal Rule Revisited Ronan O’Brien In The Law of Contract,1 Treitel refers to the postal rule as being an arbitrary (based on random choice or personal whim)2 rule. As there are differing views on where acceptance by post should be deemed complete, serious problems can arise for the parties to the contract when a breakdown of postal communication occurs. Three possible solutions to this problem exist. The acceptance is complete either when the letter of acceptance is placed in the letterbox; when it is delivered to the offeror’s address; or when the letter of acceptance is brought to the attention of the offeror.3 In Adams v. Lindsell4 a solution was laid down. It was held was that the contract had been accepted when the letter was placed in the letterbox. This is taken to be the understood postal rule. More modern forms of communication such as e–mail, telephones with answering machines and faxes do not follow this rule. The ruling in Adams v. Lindsell is often seen as one of convenience.5 Without a definite ruling on postal agreement, no contract could be completed by post, as “[t]he [offerees] ought not to be bound till after they had received the notification that the [offerors] had received their answer … and so it might go on ad infinitum.”6 Although the two latter possible solutions would seem more representative of the idea that acceptance must be communicated, the...
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...Research / Analysis # 2 Baker College 1. When reviewing the American Bankruptcy Institutes website I was researching the total number of bankruptcies in 2012, the total number of non-bankruptcies in 2012, and the total number of business bankruptcies in 2012. My findings concluded that the total number of bankruptcies in 2012 which consists of business and non-business fillings which includes the states and D.C. was 1,232,294 (ABI, 2013). The total number of non-business filings in the states and D.C. in 2012 was 1,232,294. The report shows that there were 811,789 non-business Chapter 7 filings and 352,553 non business Chapter 13 filings in 2012 (ABI, 2013). My reports also show that amongst the 57,527 business filings in 2012 that 7,760 filed for Chapter 11, 97,167 filed for chapter 7, 12,485 filed for Chapter 13, and 115 businesses filed for Chapter 15 (ABI, 2013). With the information provided we can conclude that more companies file for Chapter 7. Filing for Chapter 7 means that a business simply does not have the income to repay any portion of their debts. In this case many of the assets will have to be turned over, and this can make it hard for the business to continue to operate, and it may involve the liquidation of the business (All Law, 2013). Now chapter 13 came in second place with 12,485 filings, and with Chapter 13 this is usually the best option for businesses. There is no asset-sale in a Chapter 13, but businesses do need...
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...Lovely Professional University,Punjab Format For Instruction Plan [for Courses with Lectures and Tutorials ] Course No. ECO111 Course Title: MICRO ECONOMICS L: 4 T: 1 P: 0 Cr: 5 Course Planner :- 13612 :: Chander Shekhar Dogra TextBook 1. Geetika, Ghosh Piyali, Purba Roy Choudhury, Managerial Economics, Tata McGraw Hill, New Delhi, 2008 Other Specific Books 2. 3. 4. Other Readings Ahuja, H.L,”Modern Microeconomics Theory and Applications,” Sultan Chand, 2008 Misra and Puri, Economic Environment of Business, 4th Edition, 2007. Samuelson, P.A. and W.D. Nordhaus (1998), Economics, Tata McGraw Hill, New Delhi 2008 Dominick Salvatore, Managerial Economics, Oxford University Press, Sixth Edition Sr. No. Jouranls atricles as compulsary readings (specific articles, Complete reference) 5 6 7 8 Competition and the cartel crusade, Alan Moran. Review - Institute of Public Affairs. Melbourne:Jan 2008. Vol. 59, Iss. 4, p. 57-59 Supply and Demand Irena Asmundson. Finance & Development. Washington:Jun 2010. Vol. 47, Iss. 2, p. 48-49 Impact of Anti dumping measures on Indian Industry by Swati Jain, Sudhir K. Jain, Decision, Vol 35, No 1, January-June, 2008, p 3. The New Global Opportunity by Michael Elliot, Fortune, July 5, 2010, Vol 162, No 1, Relevant Websites Sr. No. Web adress (only if relevant to the courses) Salient Features 9 10 11 www.ecommerce-guide.com www.bloomberg.co.uk www.mit.edu Excellent source of reference...
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...David’s Case In advising if a legally enforceable contract exists between Sam and David, I would first consider the requirements of forming a valid contract. Formation of a valid contract requires six pre-requisites all of which must exist in order for a valid contract to exist. Intention to Create Legal Relations From an objective perspective it can be seen that a reasonable person in Sam’s position would not have had the intention to create legal relations with David. Although this may have been undertaken as a business transaction during the initial contact, it was a social and private arrangement at the time the offer was made. It is also a legal presumption that agreements made in a social environment are not be legally binding[1]. The case of Dietrich v Dare (1980) 54 ALJR 388[2], further illustrates this presumption, where no intentions of a legally binding agreement could be determined. Agreement- Offer and Acceptance “An offer is an undertaking by the offeror made with the intention that it will bind the offeror as soon as it is accepted by the offeree”[3] It can be seen here that Sam had made the offer to David at the end of the phone conversation. The offer met the required rules as set out in Latimer[4] such as the offer being communicated directly to David as well as being made obvious that it was an offer and not an invitation to treat. David had then accepted the offer the following week when he rang Sam to organise the internet connection. The...
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...Bankruptcy laws help people who can no longer pay their creditors get a fresh start by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation. Most cases are filed under the three main chapters of the bankruptcy code. They are Chapter 7, Chapter 11, and Chapter 13. Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court. Below is a high-level summary on each bankruptcy code: Chapter 7 – Liquidation under the bankruptcy code: The chapter of the Bankruptcy Code providing for "liquidation," ( i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.) Chapter 11 - Reorganization under the bankruptcy code: The chapter of the Bankruptcy Code providing (generally) for reorganization, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) Chapter 13 – Individual debt adjustment: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) To some extent, Chapters...
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...Week 3 Assignment 1: Whistleblowing and Sarbanes-Oxley Act Michelle M. Webb Dr. Boneita Campbell LEG500 Law, Ethics, and Corporate Governance April 20, 2015 . Week 3 Assignment 1: Whistleblowing and Sarbanes-Oxley Act Who are Whistleblowers and what do they do? Could you be a Whistleblower? There are several definitions for the term whistleblower. The most accurate and significant definitions to the subject of this paper are the definition given by the Black’s Law Dictionary and the one by the Whistleblower Protection Act (WPA). The Black’s Law Dictionary defines a whistleblower as a worker who declines to participate in and informs on the unlawful and/or unjust actions of his co-workers or his employer ("The Law Dictionary", n.d.). The WPA defines whistleblowing as the disclosure of facts an employee deems proof of unlawful acts of, blatant misconduct, exploitation of authority, and could jeopardize public safety (Molzen, 2002). Over the years many U.S. workers have observed unlawful transgressions within the workplace and have come forward to report these actions. The actions of these noble citizens (whistleblowers) have been instrumental in saving enormous amounts of money and countless lives over the years. However, these whistleblowers fail to receive the recognition and admirations they deserve for doing the right thing. More often than not they are badgered, bullied, demoted, and terminated from their jobs for their efforts. Therefore, the act of whistleblowing...
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...Chapter 10 Review introduction to contracts A contract is a promise that the law will enforce. Contracts are intended to make business matters more predictable. Analyzing a contract generally involves inquiring into some or all of these issues: 1. What is the subject of the agreement? • If the contract is for the sale of goods, UCC Article 2 governs. • If the contract is for services, employment, or real estate, the common law governs. 2. Did the parties intend to contract? • If the parties formally agreed and stated explicit terms, there is probably an express contract. • If the parties did not formally agree but their conduct, words, or past dealings indicate they intended a binding agreement, there may be an implied contract. 3. If there is an agreement, is there any reason to doubt its enforceability? • An unenforceable agreement is one with a legal defect, such as an oral agreement that the law requires to be in writing. • A voidable contract occurs when one party has committed fraud, giving the other party the right to terminate the agreement, or when one party lacks capacity to make the contract and may escape liability. • A void agreement means that the law will ignore the deal regardless of what the parties want, typically because the purpose of the deal is illegal. 4. If there is no contract, are there other reasons to give the plaintiff damages? • A claim of promissory estoppel requires that the defendant made a promise knowing that...
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...powers and duties Legislation: Trusts of Land and Appointment of Trustees Act 1996 s.13 (6) *CONVPL 378 This article considers what changes have been made in relation to occupation rents following the enactment of the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”). The two particular questions focused on are “liability”, that is, the circumstances in which a co-owner can be required to pay an occupation rent (or “compensation” as it is called under TLATA) to a non-occupying co-owner, and “quantum”, that is how the amount of this rent should be assessed. The issues commonly arise in the residential context, when a property initially bought as 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...
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