...Business Law Sole proprietorship, is referred to as owning your own business entity and more or similar, sole proprietor and business owner are same. There is no legal distinction between the two; the business legal name is the same as the owners. However the business owner may obtain and conduct business under a fictitious name by filing a DBA also known as ‘doing business as’. The merits associated with sole proprietorship are: • Liability: The sole proprietorship while offering own complete autonomy, it also burdens the responsible person with unlimited accountability. The lack of distinction between the business and the owner leaves a little room for financial and or legal protection. In short, whole responsibilities for all debts and legal commitments are entirely directed to the business owner. In addition, as such creditors may seek recourse against personal assets. • Income taxes: The sole proprietor runs his own business being taxed as a whole element and form 1040 along and accompanying schedule C (profit or loss) from a particular business or owned profession.. Moreover, whatever profits the organization gains, are supposed to be personal income for the proprietor with no other division made on that and neither there is any federal income tax accountability for the owner. According to Gordon (1994-96), this is called as “pass-through taxation”. (p. 270). • Longevity: The sole proprietorship may only continue as long as the owner is alive unless specific instructions...
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...Legal Issues for Managers Legal Issues for Managers: Potential Liabilities The object of this essay is to advice on potential liabilities of Cena, Rock, Kofi and Punk. First and foremost delivery driver Cena failed to check his trailer was properly coupled to his truck. While driving the trailer detaches, rolling down hill colliding with Rock, a motorcyclist. Due to Cena’s negligence Rock, not wearing a crash helmet suffered severe injuries and damages to his body and motorcycle. Per Lord Atkins “we owe a duty of care if it is reasonable to foresee that another person might suffer damage as a result of our act or omissions”. (Lord Atkins) Rock may state, surely Cena had a duty of care to ensure his vehicle was suited for purpose. Nevertheless, since Rock was not wearing a helmet, Cena may argue that Rock is liable for some of his injuries. Comparably under the case of Smith V Leech Brain & Co Ltd and Another [1962] All Er 1159, Smith incurs fatal injuries when molten metal burns his lips, leading to cancer and eventual death. This being said, Smith “already had a pre-malignant condition”. The defendant argued, “Smith may have contracted cancer due to his condition, regardless of the accident”. (Smith V Leech Brain, 1962) Conversely, but for the burn, Smith may have never developed cancer. According to Thin Skull Rule “a defendant is liable for the full extent of the victim's injuries even if, due to some abnormality or pre-existing condition, the victim...
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...Legal Issues for Business Organizations Sole Proprietorship The sole proprietorship is the most common form of business and has been around for many years. It is the simplest form of business because it is owned and operated by an individual. Some advantages to choosing a sole proprietorship would be minimal state and federal regulations, which make it easy to control and manage. Another is the cost to start a Sole Proprietorship is minimal. It is a good form of business for someone who is starting out small. In many cases this type of business can be operated out of the owner’s home. All business decisions are made by the owner, therefore he or she is entirely responsible for the operations, financial and legal aspects of the business. Some disadvantage to a sole proprietorship would be. The owner has unlimited liability and his personal wealth and assets are at risk to claims against the business. Another would be that raising capital is difficult for a sole proprietorship and is usually limited to the owner’s personal funds or credit available based on his personal credit history. Another key point to a sole proprietorship is that the business is not required to file or pay taxes. The sole proprietorship is a tax reporting entity, not a tax paying entity so the business taxes are filed at the personal rate of the owner on his personal income taxes. Business Services Sole proprietorship (May 20, 2008). Retrieved on (March 9, 2010) from Iowa Secretary of State. http://www...
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...INDEX Contents Introductory Note Court: Definition Functions of Court Environment Court • Definition • Constitution: • Purpose Power and functions of the Environment Court Practical Scenario of the Environment Court Legal loopholes and deficiencies of the Environment Court Act, 2000 Environment related court in other countries of Indian subcontinent: A comparative study • India: The National Environment Tribunal • Pakistan: The Environment Tribunal • Comparative study Recommendations Conclusion Introductory Note Environmental Law is a source and foundation of orderly response to Global and National environmental problems. International Environmental Law is the principal means by which community of nations builds and expresses international consensus on environment and development challenges. National Environmental Law is the most effective instrument for translating environment and development policies into action. Judiciary is a key mechanism for ensuring legal effectiveness of environmental law. A judiciary well informed of the rapidly expanding environmental law, can play a critical role: in interpretation, development and enforcement of environmental law, enforcing environmental rights, public access to judicial procedures, exchange of judgments, sharing information on environmental law, policy and environmental jurisprudence. The purpose of this assignment is to focus on the function of the Environment Courts of Bangladesh established...
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...Addressing International Legal and Ethical Issues Addressing International Legal and Ethical Issues CadMex is a global pharmaceutical with over 85 years in the business. They are based in Tampa Florida. They have the ambitions to take their business to a country in South East Asia called Candore. The company the CadMex wants to business is called Gentura. They are well established biotechnology company. This company has over 25 years experienced into their business. This paper will highlight the many situations or challenges an organization faces while conduction business abroad. Other items that will be highlighted in this paper are: the issues involved in resolving legal disputes in international transactions. Also some practical considerations of taking legal action against a foreign business partner based in another country. Last, it will highlight how companies should resolve domestic and international issues differently. There are some issues that arise during resolving legal disputes in international transactions. The first issue to consider is the laws that govern the country. If the country is run by a borderline dictator such as President Arahi Gwendoz that took over Candore in a bloodless coup, the rule might be very difficult to understand. If there are no rules such the Constitution of the United States, there will be a lot of room for a variety of interpretations. Last, “International law has traditionally been defined in very broad terms and not limited...
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...Legal Issue 1: Donald v Scrooge A. Case Facts * Scrooge engages Donald Contractors to build a pond in his garden. The contract price is $10,000 and the pond due to be completed on 1st September 2012. * Donald deliberately underestimated the cost and quoted a very low price * Unexpectedly, Donald’s sole employee fell sick and is unable to work for a month The price of materials also increases dramatically * Donald approaches Scrooge and request for an extra $5000 otherwise the pond will not be completed on time * Scrooge reluctantly agrees as his fishes were scheduled to be delivered on 2nd September 2012 and for various reasons it cannot be postponed Here, we will determine if the $5000 requested by Donald is a valid consideration or there is a breach of contract by Donald. B. General Rule 1. Consideration must be sufficient Consideration must be sufficient, defined as something having value in the eyes of the law. Where there is no benefit to the promisor or detriment to the promisee, no consideration is made. The rule was laid in the case Thomas v Thomas (1842). The court ruled that motive should not be confused with consideration and giving the house out of gratitude is not considered sufficient consideration. The rule later applied in White v Bluett (1853). The court held that the father (defendant) was not bound by his promise. There was no consideration for the father’s promise. The intangible benefit of feeling relieved...
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...LEGAL ISSUES Student’s Name Institution Date: 2nd March, 2016 Legal Issues Introduction A contract is a voluntary and legal agreement between two or more parties which is intended to be enforced by the law. A contract must have some essential elements for it to be valid. These elements include offer and acceptance, consideration, intention to be bound, free consent, certainty and capacity. This paper explains these principal components of a contract and highlights a variety of issues involved in enforcing employment contracts under the UK law. Question 1 Offer is the first element which makes a contract to be valid. One party offers to do a clearly defined and specific task. After presenting an offer, there should be acceptance. It is the second element in a contract where the other party accepts the offer provided. When the parties are clear concerning the offer they should make, acceptance will be made in agreement with the rules being proposed in the contract. The acceptance may be in written form, verbal or just implied (Calamari & Perillo, 2004). Consideration is also an essential element in a contract. It means that the other party should acquire something in return for an exchange, which would be made between either persons or parties. For example, a client willing to buy a car from a potential seller agrees to pay a certain amount of money as a consideration. It poses no threat to both persons. Another primary element in a contract is the certainty (Calamari...
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...Legal Issues Discrimination of any kind is illegal in the United States; let it be sexual, age, disability, national origin, sexual orientation etc. LVN is bound to face some serious challenges as far as employment discrimination is concerned. LVN’s business model is as such, where it is crucial for its long-term success to employ mostly energetic female staff, mainly as waiters, bartenders, dealers and DJ operators. On the other hand security is highly important for business functionality, highly experienced personal are required to undertake the task and, should be able to deal with any kind of situations, for these position retired veterans are appropriate. Federal law protects employees from sex and age discrimination outlined in thirteenth and fourteenth amendment. The Civil Rights act of 1991 clearly states that workers are protected from intentional discrimination in all aspects of employment. Title VII EEO prohibits discrimination on the basis of sex, where LVN contradicts the law by selective hiring. LVN is protected by unintentional discrimination as the business setting and job specific requirements are job related and permissible by the law. LVN prefers energetic female and experienced male security guard staff for customer attraction. Occupational health and safety (OH&S) is an important legal issue in employment. Because of the line of business and the job role diversity in LVN, Workplace safety is an absolute priority. It undermines productivity and exposes...
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...Objectives: Interpret the effect of different legal systems in the world on hospitality foodservice and hotel management. Reflection: Find a current issue and write a one-page summary with your comments. http://www.hospitalitymagazine.com.au/management/5-key-legal-issues-that-affect-the-hospitality-ind Summary: This article is written by Katherine Hawes and is discussing the 5 key legal issues that affect the hospitality industry. In fact, the hospitality foodservice and hotel management industry deals with high pressure; management, service, food preparation, inventory control and so on. Therefore, it has to deal with different legal issues that affect the industry. The first legal issue described in this article is the liquor licence. A liquor licence is the authorization of consumption or sale of liquor. Before a hotel or restaurant can start serving alcohol, it should make sure to be awarded this licence before the opening. If it is taking over an existing licensed establishment, an assignment of this licence to the new owner should be approved. Once the hotel or restaurant have its liquor licence, it is responsible for every client and must ensure that their staff that serve liquor is trained in Responsible Service of Alcohol (RSA) to comply with the General Code of Practice for Liquor. The second legal issue is Music; A licence fee (for the copyright in the song, and the copyright in the recording music video of the song) is required in order for a hotel or restaurant...
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...Legal Issues for Business Organizations Task 1 Situation A-FMLA-Family and medical leave act of 1993 Situation B-ADEA-Age Discrimination in Employment Act of 1967 Situation C-ADA-Americans with disabilities ACT of 1990 Situation A-FMLA-Family and medical leave act of 1993 The Family and Medical Leave Act of 1993 (FMLA) is a United States government law that requires secured businesses to give qualified employees job protection and unpaid leave for a predetermined amount of time for qualified medical and family reasons. job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Qualified restorative and family reasons includes: individual or family sickness, family, military leave, pregnancy, appropriation, or the child care situation of a youngster. This law allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child. The law also enables the employee to take part of the unpaid leave during the 12-month period for pregnancy or care of a newborn child. In the event of an of newly adopted or foster child, employees are granted a 12-week period of unpaid leave. In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months...
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...Finding the Leader in You: Self-Assessment / Johari W Leadership and Organizational October 24, 2013 Develop a profile of your personality characteristics and assessment results My career development has turned me into the person that I am today within my work environment. I have learned and overcome many obstacles along the way. I would like to think of my career as consistent growth and change. I am always willing to adapt and adjust within my position as time goes on and technology becomes more enhanced. My career has leaded me to a path where I can always advance within my job and there is always knowledge and experience to grow from. One of my biggest personality traits that are of importance to me is to hold high ethical and moral standing within my company. I had to progress in my company from a server to working within the Human Resource Department. It is my duty as an HR assistant to ensure that all of our employees are treated fairly and equally as for their human rights. As professionals, we are expected to exhibit individual leadership as a role model for maintaining the highest standards of ethical conduct. And we are ethically responsible for promoting and fostering fairness and justice for all employees and their organizations. We are also entitled as HR professionals to consider and protect the rights of individuals, especially in the achievement and propagation of information while ensuring truthful...
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...Sex Discrimination Act It is possible to restrict a job to members of one sex if being of that sex is a genuine occupational qualification for the job but the circumstances where this may apply are very limited. They include: • Where the essential nature of the job calls for a person of that sex for reasons of physiology (excluding physical strength or stamina) or, in dramatic performances or other entertainment, for reasons of authenticity. • Where the job needs to be held by a person of that sex to preserve decency or privacy because of likely physical contact or because people are likely to be in a state of undress or using sanitary facilities. • Where the work is done at a single sex hospital, prison or other establishment for persons requiring special care, supervision or attention and it is reasonable, having regard to the essential character of the establishment, that the job should not be held by a person of the opposite sex. • Where the job involves providing personal services to individuals promoting their welfare or education, or similar personal services, which can most effectively be provided by someone of that sex. • Where the job needs to be held by someone of that sex because it is likely to involve working outside the UK in a country whose laws or customs are such that the duties could not, or could not effectively, be performed by someone of the opposite sex. Race Relations Act • When being from a particular racial group is a 'genuine occupational qualification'...
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...1. Business segment the market so that they customers and consumers are two different people e.g. an cat owner is a customer buying the cat food and toys to keep them happy, the consumer is a cat, for cats can’t go shopping buying their own food. This is why businesses segment the market between customers and consumers. Business does not do this for pets only, the target everyone e.g. families and parents business uses baby nappies and baby food for the parents to buy as a customer and the consumers are babies. Families with young kids will need to buy them cloths, food and toys, school things like pen and pencil sets the customer is families and the consumers are young kids. Businesses also target the government by targeting the college e.g. JCC College buys computer, laptops, books, and folder, making JCC College the customers and the students are the consumers. 2. The different ways in which business can segment the market are age, ethnicity, religion, interest, skin colour, income and the area you live in business does this because, not everyone would like to buy the something also not everyone can afford to buy the something. E.g. Deprived areas and high-rise flats, businesses know that people that live in this type of area buy food in cheaper high street stores such as Iceland, the also buy hot food from Greggs and McDonalds, single parents lives in this type of area with entirely on some benefits, they interest are football and bingo, the age is between...
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...what he was doing in the area. Under section 1(1a) and 1(2) of PACE a constable may stop a person in public and may detain a person for the purpose of a search (Huxley, 2012). An officer who has reasonable grounds for suspicion may detain the person concerned in order to carry out a search. Before carrying out a search the officer may ask questions about the person’s behaviour or presence in circumstances which gave rise to the suspicion according to Code A 2.9 PACE (Home Office, 2006). However, “Under common law a detained person is not obligated to answer questions” (Rice v Connolly 1966). In Rice v Connolly, Lord Parker CJ states: “It seems to me quite clear that though every citizen has a moral duty… to assist the police, there is no legal duty to that effect, and indeed the whole basis of the common law is the right of the individual to refuse to answer questions put to him by persons in authority, and to refuse to accompany those in authority to any particular place; short of arrest of course.” Johno has every right to not answer the questions asked by the officer, so refusing to say where he was is not an offence. If the officer has reasonable grounds to suspect he will find a prohibited item, under section 1(3) of PACE he is also able to search a person (Huxley, 2012). As the officers were keeping observations on what had been reported as a ‘crack house’, and had seen Johno entering and leaving the premises on two occasions, they would have reasonable ground to suspect...
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...International Legal and Ethical Issues In an attempt to address legal and ethical issues domestically and internationally we will use the simulation and readings to discuss the questions from week two’s team project. Whether the company is a domestic company or foreign country there are legal, ethical and cultural issues that must be addressed. When addressing issues that arise when handling international legal disputes it is important to choose where and how the dispute will be settled. Each business or party involved in a legal dispute will presumably favor settling disputes within their own country. Disputes settled on homeland soil risk other countries perceiving the court’s decision as partial and unfair and therefore may attempt an appeal process and possibly bring negative attention to the country resulting in the withdrawal of interest from other foreign investors. When businesses enter into agreements with other businesses in foreign countries the contract should be clearly defined providing a plan that both parties agree upon. Laws and customs should adhere within the country in which the business or legal action is taking place. Imports and exports are examples of this because each country has different import and export tariffs and laws which should be followed in order to avoid repercussions from the government. In the simulation, CadMex, a large pharmaceutical company is entering into a contract to license with Gentura to market the Propez. Gentura has...
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