StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Business Law Core - Case Study Example

Comments (0) Cite this document
Summary
Reference to the facts given in David and Angela case I suggest that they use partnership. Partnership is the relation which subsists between persons carrying on business in common with a view of making profit (www.qp.gov.bc.ca).Partnership "is the relation between persons who have agreed to share profits of a business carried on by all or any of them acting for all"…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER99% of users find it useful
Business Law Core
Read TextPreview

Extract of sample "Business Law Core"

Download file to see previous pages This can be enumerated as follows:-
1. Agreement: - the first essential element of partnership is agreement. It is a relation between persons who have agreed to share profits. There can be no partnership without an agreement. Therefore the relation of partnership arises from contract and not from status.
2. Business: - The second essential element of partnership is "business" because without business there can be no partnership. Business includes every trade, occupation and profession. It is not necessary that the business should be of long standing and permanent. A single commercial transaction may constitute a business (Abenneim (1913) 109 LT 219, 220). According to Lindley (Lindley on partnership, fourteenth Edition. P.116) if the persons are not already partners, share profits and losses of a particular transaction, they may be partners for the said particular transaction.
3. Sharing of profits: - Another essential element of partnership is sharing of profits of a business. If two or more persons agree to carry on a business but their objective or motive is not to share profits, it shall not constitute a partnership. Thus sharing of profits or participation in profits of a business is one of the important essential elements of partnership. Prior to 1860 this essential element was considered so much important that if two or more persons agreed to carry out a business with the objective of sharing profits, it was considered to be decisive of constituting a partnership between them. In 1860 the decision in Cot v. Hick man (1860) 8 HLC 268) brought about a revolutionary change in this respect. Delivering the judgment Lord Cranworth of the House of Lords said that sharing of profits is good evidence that the business in which profits have been incurred is being carried on behalf of the persons who are sharing profits. In other words, sharing of profits is prima facie evidence of partnership. But the decisive test is mutual agency. The real basis of liability is that the business is being carried on behalf of the persons sharing profits.
4. Manual agency: - if two or more persons agree to carry on a business to share profits, it is still possible that the partnership may not come into in order to constitute a partnership in addition to the above noted three elements, the case of Cox v. Hickman (supra) deserves a special mention in this connection.
Lord justice Lindley defined company as "an association of many persons who contribute money or money's worth to a common stock and employ it for a common purpose (Dr. N. C. Paranjape, company law, 2002). In undertaking the operations of the hotel and restaurant, both parties need to form ad incorporate the company either by special statute or by registration under the companies Act for the time being in force. Further the company many also be incorporated by Royal charter which is perhaps the oldest mode of incorporation. Therefore the means that it means that if David and Angela decide to run their business as a company then their property will be the partnership it is appropriate as their property will continue to be theirs and they will only share profits and losses of the company.
There are several disadvantages and advantages of using partnership over a company in the prevailing case of David and Angela. These can ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Business Law Core Case Study Example | Topics and Well Written Essays - 3000 words”, n.d.)
Business Law Core Case Study Example | Topics and Well Written Essays - 3000 words. Retrieved from https://studentshare.org/miscellaneous/1533821-business-law-core
(Business Law Core Case Study Example | Topics and Well Written Essays - 3000 Words)
Business Law Core Case Study Example | Topics and Well Written Essays - 3000 Words. https://studentshare.org/miscellaneous/1533821-business-law-core.
“Business Law Core Case Study Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/miscellaneous/1533821-business-law-core.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Business Law Core

Business Law - land law

By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one's claim for possession of the real estate. A claim to title by adverse possession often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person's claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under color of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another person's Last Will and Testament....
3 Pages(750 words)Case Study

Core

... to create an artificial unity between the rich and poor in order to put an end to class conflict and war and the unity necessary to fight off the aggressor provided this. 3. More importantly, how was the American Dream impacted if at all by the results of World War I and the emergence of the US as a global player? The American Dream refers to the ideals of freedom, equality and opportunity available to every American. It also refers to the personal happiness and material comfort sought by individuals in the US. This dream seems to have been seriously impacted by the laws passed during WWI. The espionage act seriously restricted freedom of speech and the draft law is against personal freedom of choice. During and after the war...
2 Pages(500 words)Essay

The Core Functions within the Business

Farm management deals with the organization and operation of a farm to maximizing profits from the farm business continually; thus a farm manager needs to adjust his or her farm organization time by time to keep abreast of changes in methods of farming, prices variability, and the available resources among other factors. This means that for a farming business to succeed, a manager should, therefore, develop core functions to secure the success of the business. Some of the main functions that should be developed, in this case, a coffee farming business, include internal, external, and support functions (BROWN, 2008, p. 53-56). This paper will, therefore; discuss the roles and responsibilities of these functions and the significance...
6 Pages(1500 words)Term Paper

Law of Financial Services

For instance, the European Commission’s Regulation No. 1049/2001 which very specifically details rules and regulations governing the public access to European Parliament, Council and Commission documents. Article 8 of the regulation states that “personal data shall only be transferred to recipients … (b) if the recipient establishes the necessity of having the data transferred …” (Regulation 1049/2001). Although this law is not at all related to the data protection of banks and their customers, it does give us an impression of how serious the EC is in protecting the integrity of data.
In saying that the laws that we have on data protection have adequately addressed the needs of banks and custom...
6 Pages(1500 words)Article

Business Ethics in the Case of Timberland-City Year

The purpose of this study is to focus on the ethical considerations and dilemmas faced by the organization Timberland in terms of its coalition to City-Year and the steps that are taken and should be taken for the solution of those ethical issues.

In the merger of the two organizations, Timberland and City Year, there are many ethical considerations. To develop legal business relationships between Timberland and City Year and to consider the stipulations of the required business laws, the following ethical considerations should be deemed:
  • None of City Year’s earnings should be incurred to any private shareholder or an individual.
  • City Year cannot participate in any political campaign or...
6 Pages(1500 words)Case Study

Core Statutes on Criminal Law

... to take the view that Jim was reckless in his actions39. Jim could argue that it was not reasonably foreseeable that the bomb would go off early, or that Edward would ignore the instruction not to try to disarm the bomb. He could also argue that it was not reasonably foreseeable that Sam would die as a result of the shock. However, in the circumstances, the courts would more than likely infer that Jim intended to cause serious harm, and therefore should be held liable for the deaths. Bibliography Allen, C, Practical Guide to Evidence, 2nd Ed, 2001, Cavendish Publishing Ashworth, A and Blake, M The presumption of innocence in English law [1996] Crim LR 306 Cook, K, James, M, and Lee, R, Core Statutes on Criminal Law, 2006-2007, Law...
13 Pages(3250 words)Assignment

Business Information Systems

... the monthly sales Calculating monthly cost and benefit Calculating employs salaries (over time, bonus, etc.) Data Mining for Business Performance According to (Thearling, 2009) and (Berson, Smith, & Thearling, 2000), “Data mining is the method of extracting hidden predictive information from huge databases. Data mining is a commanding modern technology with huge potential to facilitate organizations spotlight on the vital information in their data warehouses”. Data mining techniques for the business management of Club IT is aimed to position the actions through which they would be able to find out the new laws, undiscovered relations, concealed knowledge, defaulting in data in huge databases. The initial purpose of data mining at Club...
8 Pages(2000 words)Case Study

Business Administration

...Master Business Administration – Pre Admission Essay Please describe your main interests and leisure activities, and any other experiences or involvement that has significantly influenced your career or personal development. 100 Words I was born in India where Cricket is played across the country. I received my inspiration and motivation to play this game after India won the 1983 World Cup Championship. I have played this game representing my school and college in various tournaments. During my leisure time I watch the television. The channels that I generally watch are the sports, movies, and entertainment ones. I also have an interest in the technological gadgets. During my childhood, computers were the only gadgets which influenced me...
6 Pages(1500 words)Essay

Business Plan Real Estate Agency

re representing our company as their business consultants and our responsibilities are limited to the knowledge of the client’s business and information provided by the client.
The company Of-Fit has been operating as office supplies and equipment supplier since 1998. Their corporate office is in Aberdeen and it has excellent industry relations. The company is a sole proprietorship and its owner is Mr. Andrew Schwatz who has been working in the industry for more than 20 years. The company current staff is 8 and its revenues are £115,690 and £156,178 in 2008. The company aims to expand its operations in other business areas and regions of the UK.
The detailed business plan developed for this report incor...
12 Pages(3000 words)Business Plan

The Main Threat to Small Business

When it comes to reliability factor big businesses are able to sustain because of their track record. Big businesses are able to pacify their customers using their past successful track records.
Nowadays most of the business opportunities and orders are posted online. This means that business providers need to be well integrated with supplier systems through online facilities. The infrastructure of the business model needs to be updated. But this is not an easy task for small businesses. E-based procurement is possible only with a well-maintained network on the internet. This requires a lot of financial and technical necessities which could not be supported by small businesses. On the other hand, Big businesses are well equip...
8 Pages(2000 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

The Relationship Between Common Law and Custom, Equity, and Books Of Authority

This follows the common law theory that cases that have a great deal of similarity should need to be dealt with similarly and decisions or court verdicts passed accordingly, although this may not be viewed as strict practice. Custom, as a historical source of law, could be said to be the legislative statutes or laws that need to be implemented from time to time, and could also be termed as statutory laws that monitor public conduct. Thus, it could be said that while regulatory laws are created and nurtured by legislations and regulations, through the executive powers enforced by executive branch agencies, this is done through the delegation of authority from the top downwards. However, in the case of common law or case law, decisi...
6 Pages(1500 words)Assignment

Analysis of Employement Law Cases

For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

Other statutes, such as the Working Time Regulations 19983 and the National Minimum Wages Act 19984, are appliable to workers, in addition to employees5. Hence, all these rights and protections are available to Fred, even if he were to be deemed a self-employed person.

Some of the more important rights bestowed upon employees by the employment law are the right to claim wrongful or unfair dismissal and payment for redundancy. Other legislation, such as the health and safety statute and the insolve...
7 Pages(1750 words)Case Study

Globalization and Business Enterprise: Climate Change

Since globalization encompasses political, economical and environmental issues, there has been much debate amongst companies on how resources are to be allocated in order to minimize climate change. Climate change is being dealt with on a global scale. The “Green investing is on the rise”, where investors are buying stocks that are environmentally friendly. New Zealand, like other countries, is supporting the cause for environmental protection by legislative measures in trade, bills regarding carbon emissions and by being part of agreements with the UN and the Kyoto Treaty.

Climate change and globalization are intricately linked. With the passage of time, many environmental issues, like global warming, have...
6 Pages(1500 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Business Law Core for FREE!

Contact Us