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Generally, under false advertising laws, advertisers are not required to state affirmatively or publicize things about products and services and that has been the case. (American Bar Association) Under some circumstances, the omissions are actionable as a deceptive practice under the FTC act and misleading advertising under the Lanham act.
The purpose of the existence of the judiciary is an important one, especially in a political set up that claims to be democratic. It exists so that the rule of law is protected and conserved. For this to be accomplished, it is the responsibility of the judges to interpret the law fairly (Hogan, 2006).
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Laws formulated to protect consumers from the risk of incurring loss or sustaining an injury have a long history but they have become a subject of controversy in the United States just in the past three decades. The controversies arise because of the issues involved such as why the consumer should be protected.
The directors need not be stockholders of the company unless and until specified by a certificate of incorporation. The directors must be aware of the situation and that too with the material information reasonably available. Directors must act with due care in discharging duties and it is in this background that the case has to be analyzed.
By the reason of the Ewing director’s majority as well as their directorship, it is clear that they owed a fiduciary duty towards Ewing Inc. and its shareholders. The transaction is not void or voidable solely because the interested directors participate in the meeting of the board or because their votes have been counted for such purpose.
The company name in the case study is Ewing Oil Inc. The company business was taking place in Texas under Delaware General Corporation Law. The contributions will be made to the company at the time of start-up will be called the capital. The Ewing family controls 60% of its stock and the Barnes family owns 40%.
Fiduciary duties are those that are recognized by all courts as being the identification and the legal factors behind a multitude of special relationship factors. The duty exists in cases where the intrinsic function of one of the parties in question is to take care of the best interests of the other in a manner that could be exemplified.
A fiduciary relationship can be formed through agreement; however, the existence of a special relationship also forms it. Texas case law defines a fiduciary relationship to occur “when an individual is under obligation, established by contract or law, to give advice or act for another’s benefit within the realm of the relationship.
Originally, the doctrine of Terra Nullius was in place and this meant in essence that aboriginal people had no claim to the land, unlike other indigenous populations. While statute and common law have given land rights to the Aboriginals and the Torres Strait Islanders, the populations have been very few and have taken place only recently.
The president will be the leader of the political party as long as he or she is the President of the nation. The party would be keeping the President informed about the needs of the nation and the reactions of the people to programs. The head of the state should be willing to endorse the campaign needs of the party members running for their office.
Both the United States and Australia are similar in different aspects. Both countries share a history of British colonialism and their consequential development of political, economical, and social systems has been greatly determined by their history of colonialism with both retaining and integrating features of British colonialism.
In its most original form the statutory duty of care that was owed by the directors to the company as whole and other directors of the board was interpreted in the light of the subjective approach to common law. Section 180(1), as with its predecessor s 232(4), incorporates an objective ‘reasonable director’ test.
Laws relating to employment are complex given the fact that most of these laws are derived from innumerable sources, which are open to change at any given point in time. This was true of the Federal Workplace Relations Act, of 1996, and will be true of the proposed piece of legislation that is seeking to replace this act after it was repealed.
Today the ‘new trade theory’ that highlights in its literature ‘geography and trade’ has made a huge impact on the manner in which economists understand trade. According to this theory, it is established that trade and gains from trade can occur and is not dependent on a comparative advantage pattern.
The recession resulted in the deterioration of Battman’s business. In order to improve the company’s financial position, Jones and Right invested in the foreign exchange market and suffered a loss of $ 100, 000. $5,000 was demanded by a creditor from Jones, on account of a contract; unauthorisedly entered into by Popper, the company secretary.
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Under part 2D, the general powers of a director are described. Any director or officer who goes against these rules is liable to civil and criminal penalties depending on the breach of duty. According to the presented case of Battman Company Ltd, the three directors have only breached one out of all the duties of company directors.
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The role of Alternate Dispute Resolution and Specialist Tribunals in ensuring the objectives of the equity principle has been described. The Australian legal system incorporates and adheres to the fundamental concepts of procedural fairness, judicial precedent, and the separation of powers. It is based on the common law system of the UK.
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With the high rate of globalization, there has been a net increase in transnational corporations. The world continues to absorb more and more of these corporations every day. However, there have been marked difficulties in conceptualizing corporate crimes. It is important to note the fact that corporate crime has become rampant on the global scene.
There is little debate that the British system was adopted by most of the countries which it colonized, and for more than 300 years common law has continued to prevail and evolve in most of those jurisdictions. However, in the last ten years, there have been challenges as to the origin of the common law concept having its origins in Roman law.
The most significant worries about cybercrime relate to spoofing, harming, and phishing by misusing online observation technologies. There are several other modes of criminal activities that are inflicted by using information technology, such as industrial espionage, cyber terrorism, defamation, harassment, and certain regulatory offenses.
Fraud includes equitable fraud. In equity, the term ‘fraud’ not only embraces actual fraud but other conduct which falls below the standard demanded in equity. There is no exhaustive definition of equitable fraud although the field covered includes the fields of undue influence and unconscionability.”(Moens. 42).
There is the observation that the pays for the executives of big corporations seem to have risen fast from the middle of 1990 up to 2000 and again increased by fifty percent or more in 2007. However, the subject remunerations fell by 2008 albeit it is not yet definite if the decrease has persisted.
A contract could be said to be against the individual intents of the parties. A contract could be an obligation made by the ordinary parties to the contract, or it could be a representation of the known intent. Contracts have been upheld when people have spoken one thing while actually not meaning what they did (Ian Ayers, Richard E. Speidel).
Some vital elements of the contract law consist of: the offer between the contract parties and the approval of both parties, the age of the parties getting into the contract should be sensible and sound potential; each and every risk in the contract’s transaction and lastly terms that will be involved in the delivery of goods and services provided.
According to Speidel, R, and Ayres, 2008 contract law was first formed by the Roman Empire though it is not clear who had the upper hand in its implementation, the most recognized is the French Civil code though many other countries have roots and history of the formation of the contract law none of them really add up to where it originally started.
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Essentially, contract laws in the USA have become standardized due to the adoption of a uniform commercial code. Nevertheless, there are significant differences in the interpretation of contract laws depending on the extent to which a particular state has stipulated its common law on contracts (Speidel, Ayres & Murphy 1984).
Clarke (p, 300) asserts that “The laws concerning contracts are different from state to state and are only applicable if the right procedures are followed. There are various laws that govern different contracts depending on the group and kind of people that are being dealt with. Such contracts may relate to business units, hospitals, and the like.
The merge of the cases have doubt of the indecency of the tribunal and the partiality of the presiding officer is reasonably burdensome. the merge of the cases have doubt of the indecency of the tribunal and the partiality of the presiding officer is reasonably burdensome. The tribunal did not act royally and did not comply with DIS rules.
The CLAIMANT Schmitt GmbH is a limited liability Company with its registered office in Germany and the RESPONDENT Thompson Pty Ltd is a limited liability company with its registered offices in Australia. While the CLAIMANT is in the business of trading in diamonds, it sought to purchase 500 uncut diamonds from South Africa for the price of $ 140,000
It is in the general business of supplying precious stones including diamonds from South Africa, Sierra Leone, and other sources. It is managed by John Thompson. Karl Schmitt and John Thompson talked over the phone on August 1, 2002, regarding the possibility of Schmitt GmbH, the CLAIMANT, buying South African diamonds from Thompson Pty Ltd.
This rule supports the ‘proper claimant’ principle, that where the company has suffered harm, or where there has been a breach of duty owed to the company, then the proper plaintiff in those circumstances is the company itself. In other words, it reinforces the concept that the company is a separate legal entity.
The company’s finance would be coming from money that would be contributed by the shareholders and debenture holders. They would not be owners of the company and would not be equated to the company. This would mean that company on incorporation would be getting a personality distinct from its constituting members.
Markets being competitive tend to fluctuate according to the growing demand, therefore both the consumers as well as the producers play a very important part in the chain of demand and supply as far as the markets are concerned. In such a scenario, there are bound to be problems among the producers, contractors, and distributors
Some retailers also may seek the RPM in order to have horizontal price fixing. However, vertical fixing maximum prices are lawful. In this practice, manufacturers or suppliers insist that retailers or dealers down the line in the distribution chain should exceed a certain price level for their products. (Emerson, 2003)
The government considered this as a move that will foster economic growth as individual desiring to venture into business is protected from forceful competition. The government appreciates the measures that may be employed by businesses to increase their sales. It maintains that the practice has to be done in a lawful manner for the benefit of all
A lawful suit can be successfully brought forward against the latter industries and have them face damages charges and suit from the aggrieved industries and the consumers who are largely affected by the violation of the anti-trust law and the market trends in lowering and hiking of prices un-ethically under the federal courts or commercial courts.
The trade practices among the parties across different states or with foreign nations which are in the nature of restraint of trade are considered illegal. The restraint of trade means restraint of competition. The trade practices in the form of contracts, and combinations should result in affecting free competition or free trade.
The client after referred to as Karg, entered into several contractual relations with different sellers as a buyer. In the first set of contract cost insurance freight, Karg purchased 6,000 tonnes of copra meal from Unimeal Plc under four identical contracts where the seller used 12 bills of lading each for 500 tonnes of the cargo.
The case of Howard Tool Company can be comprehensively analyzed under Sherman Act. It has been observed that for the last seven years, the price charged by the five producers have been substantially uniform. During the same period, price changes have been initiated by Howard and the other four followed the price in a few days.
International Business Transactions revolve around multiple issues ranging from legal frameworks, imposed tariffs, financial issues, company structures, and the market among many other issues. These transactions require proper structuring and elaborate contract guidelines in order for the parties involved to actualize their intended profits.
The police are members of society entrusted with the responsibility of enforcing the law, working to deter crime, and keep the public safe. In order to accomplish this purpose,those who work in the field of law enforcement depend on the cooperation of the public as well as their training and the use of the latest technology.
With the emergence of trade and commerce and the coming of the industrial age, there emerged a new world order where the ruling principle was that of globalization and world marketing. This included the tearing down of the tax boundaries between countries and increased circulation of trade between various nation states
There have been attempts made by the government and the legal system to ensure that there be some kind of control exerted over monopolistic powers of larger and more enterprising businesses to protect the interests of no just developing and newly evolving businesses but the interests of the consumers as well.
As has been shown in the case study, KM has been using GS to market its dishwashers in the European market. The contract between the two companies has been renewed in writing showing the willingness of the other party to continue with the trade agreement which could imply that both were finding the arrangement helpful in maximizing their profit.
Lombroso’s theory presupposes that criminals are born and that they are the products of defective births in the evolutionary process which he calls “atavists’. His theory was greeted with enthusiasm in his time of 19th century when the criminal justice system of Italy utilized his expert witness to convict suspects based on their physical features
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If a certain criminal activity creates significant profits, the group or individual involved is forced to use a method to control the funds without drawing attention to the activity and this is accomplished by moving the funds to a less suspicious area, disguising the sources, or changing the form.
The contract with Unimeal was subject to English law and the Hamburg rules. The goods were destroyed on board the Carrier. Karg Animal Foods is entitled to a claim for damages in the contract against the Sellers and in tort and contract of carriage against the Carrier. Karg is as well entitled to reject the goods.
It is a universal truth that any person on earth who makes an investment does so to get a return from business. There are two types of investment either through debt or through equity. Any person can invest in Equity or Debt according to his or her requirement and intention to invest and depending on different criteria.
There are two ways that the families and friends can provide money for capital as they promised Sara. Friends and family members can choose to loan her or can choose to invest in her business. There are two forms of receiving this money. In business finance, they are known as debt financing and equity financing.
Money from friends and family. There are several ways for a corporation to raise funds to finance its business operations. If there are friends and relatives who have the money and who are willing to invest in the venture that Sara has started, the cash may be brought to the company coffers either as equity or as debt.