Commercial and Corporate Law Research Paper

Commercial and Corporate Law Research Paper Bill and Simon were the executive directors of an unlisted public company called First Class Racing Ltd. Philip, Helen, and Robin were the non-executive directors of the company.

Commercial and Corporate Law Research Paper
Commercial and Corporate Law Research Paper

Philip was also the chairman. The company is involved in the development of an online betting system which they hoped to sell globally.

Commercial and Corporate Law Research Paper

The company had initial funds from investors of $12m and 100 shareholders. The funds were raised specifically to develop the online betting system.

In May 2014 when Philip and Helen were away on holidays, Bill, Simon, and Robin called a board meeting and passed the following resolution. The quorum required for board meetings was 2 directors. The resolutions passed were:

  1. Tobuyaracehorseforupto$5m
  2. To award the development of the software contract to a company called ITZW Pty Ltd at a cost of $502,078

When Philip and Helen returned from holidays they found out about these two transactions. Further investigation by them showed that the horse was owned by Billís father in law who was forced to sell because of his impending divorce. Bill did not disclose this to the other three directors. Bill, Simon, and Robin did not get a valuation of the horse nor get it checked by a vet. Unfortunately, the horse got stung by a bee and developed an infection and later died.

Commercial and Corporate Law Research Paper

The contract to ITZW Pty Ltd was proposed by Simon as his brother ran the company and was in need of work. The other two directors Bill and Robin did not ask questions and approved the contract.

Commercial and Corporate Law Research Paper Required

Philip and Helen on their return find out about all three transactions. Advise them as to whether Bill, Simon, and Robin have breached their duties to the company.

Page 1 of 2

Question 2 (15 Marks)

John Pty Ltd, which imports garments from overseas, has three directors, John, his wife Grace and his mother-in-law Maria. Both John and Grace are actively involved in the running of the company. Grace is the company’s accountant, while John Is in charge of operations and the day-to-day management of the company. Maria was appointed to the board solely on the basis that she made a considerable financial Investment in the family company.

However, Maria does not attend any board meetings and her ‘responsibility in the company’ is viewed by all the persons who are involved In the Company as simply a ‘voluntary’ one on the part of the other directors as recognition of her considerable financial contribution to the company and she does not take an active role in its management or decision-making. In fact, she is also very sick and spends more time in the hospital than at home.

Commercial and Corporate Law Research Paper

Although John Pty Ltd often enjoys a reasonable and profitable turnover (20m in 2008 financial year), it does unfortunately on a regular and frequent basis, suffer some significant cash flow problems.

The company is extremely slow in paying and meetings its bills as and when they fall due and currently it has a large number of overdue bills, such as wages and salary, superannuation, electricity, insurance, and rental bill. To add to the problems being faced by John Pty Ltd, one of its biggest clients, Bella Moda Pty Ltd, has been placed into liquidation on 5 January 2009. In a creditors meeting on the same day, the liquidator advises Grace that John Pty Ltd will only be able to receive one cent in the dollar on the amount owed to the creditors by Bella Moda Pty Ltd.

Commercial and Corporate Law Research Paper

Grace does not inform John about what the liquidator told her in respect to the fact that their major client has gone into liquidation because she does not want to make him concerned as he has enough to deal with in respect to the management of the company.

On 7 January 2009, John places a large order ($2.5m payable in 60 days) with their local supplier ABC Pty Ltd. Grace hears about the above order on 8 January 2009, and ‘suspects’ that John Pty Ltd may be insolvent. However, Grace expects the economy will be strong in 2009 and the business could get better very soon and requested a warehouse be repaired, which cost the company $50,000 payable in 30 days.

On 19 January 2009, John realizes the financial difficulty and calls a board meeting to decide the future of the company. Maria attends the discussion over the phone, and in her capacity as a major shareholder of the company, she indicated her willingness to lend $1m cash to the business if necessary (assume there is no contract being made, and Maria has no duty to make the payment). Accordingly, the board takes no action after the meeting.

Commercial and Corporate Law Research Paper

On 1 February 2009, the $2.5m goods arrive in one of the companyís warehouses and are immediately destroyed in a fire. John Pty Ltd is not compensated in any way and bears a total loss of $3m.

On 1 April, a liquidator, Philip was duly appointed. From an initial review of the financials of the company, it appears that the unsecured creditors are likely to receive only 10 cents in the dollar. The unsecured creditors are very angry at this prospect and seek the liquidator’s assistance to determine if there is any other way of raising additional funds from the company.

Please advise Philip, the liquidator, to what extent, the directors of John Pty Ltd may be held personally liable to the companyís debts. Please also discuss possible defenses under 588H.

Key US federal antitrust and EU competition laws

Key US federal antitrust and EU competition laws
Key US federal antitrust and EU competition laws

Key US federal antitrust and EU competition laws

Assessment Brief: Identify and summarise the key US federal antitrust and EU competition laws used to deter and punish cartel participants.
– please cover everything in the question
– no more than 4 slides in the PowerPoint
– use OSCOLA for referencing
– write a speaker note in the Word document which is cover all the slides (in the presentation I will just speak for 2 minutes)

Your assignment must follow these formatting requirements:

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

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Business law Case Study Essay Assignment

Business law Case Study
Business law Case Study

Business law Case Study

Helen contracts with a local builder to construct a church in her neighborhood. The locals will benefit by having a church that may raise the housing value in the locality. The builder breaches the contract and the locals intend to hold him legally liable for nonperformance. Discuss an argument for or against the intentions of the locals.

All responses must be APA compliant in every way.

Just in one paragraph with full answer please

View Turntin for grading Rubric

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Competition in Contracting ACT CICA

Competition in Contracting ACT CICA
Competition in Contracting ACT CICA

Competition in Contracting ACT CICA

  1. The Competition in Contracting Act (CICA) is one method that establishes a method for promoting full and open competition in government contracts. Contract by Negotiations are governed in what part of the FAR? Explain if Contract by Negotiations are more beneficial to the government vs. a Sole-Source-Procurement.

Learning Activity #2

  1. What is CICA and is it a beneficial procurement method for the Federal Government and why?

Use at least three (3) quality references Note: Wikipedia and other related websites do not qualify as academic resources.

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.

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U.S. trademark law jurisprudence Burger King Case Study

U.S. trademark law jurisprudence Burger King Case Study
U.S. trademark law jurisprudence Burger King Case Study

U.S. trademark law jurisprudence Burger King Case Study

Burger King, the national franchise, is banned from opening a restaurant within 20 miles of Mattoon, Illinois. So, there is not a Burger King there; no problem, right? Not so fast! In the late 1950s, Gene and Betty Hoots trademarked the iconic name. Well, they trademarked it in Illinois at least. When the national company decided to open a chain close by, the Hoots sued and won their case. However, the national chain was able to keep the name Burger King, but the Hoots were also able to keep the name in accordance with the stipulation that the national chain could not open a store within a 20-mile radius of the original store in Mattoon, Illinois.

In a minimum of 500 words, explain the reasons why this decision was made, and discuss the significance of this case in U.S. trademark law jurisprudence.

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Need Attorney For Recurring Work paper

Need Attorney For Recurring Work
Need Attorney For Recurring Work

Need Attorney For Recurring Work

Need Attorney For Recurring Work

Looking for a good aggressive attorney to help us out on a recurring basis with letters, contract stuff, and just general advice.

To start, we need a cease and desist letter for a defamatory matter sent
out immediately, so we can start with that.

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Use at least three (3) quality references Note: Wikipedia and other related websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

Business Law and Ethics philosophy of economist Milton Friedman

Business Law and Ethics philosophy of economist Milton Friedman
Business Law and Ethics philosophy of economist Milton Friedman

Business Law and Ethics philosophy of economist Milton Friedman

Essay topic: Reflecting on the concepts you have studied in the course, research a company and discuss the legal and ethical issues surrounding it. You will need to research the company through the University library. Your essay should include the following four sections:

1) Identify and discuss two to three specific laws that apply to the company. For example, the laws mentioned in the EEOC readings.

2) Apply three general legal topics that were discussed in the required readings, i.e. Appendix B. Make sure you include in-text citations to the course materials, as failing to cite your sources will result in no credit in this section. The weekly lessons are not the required readings. The required readings are listed in the lessons section under “Required Readings.”

3) Discuss how the philosophy of economist Milton Friedman may have influenced the executives of the company.

4) Identify an ethical framework other than the shareholder theory that applies to this situation and discuss how it may have influenced the executives of the company.

Solyndra and British Petroleum may not be used as your company for this assignment.

Your essay should be 1800 – 2450 words and in APA format. Use at least seven credible sources for your essay, including at least two new sources from the University library (in addition to the course materials.) Submit this essay as a Microsoft Word attachment in the Assignment section of the class, no later than Sunday of week seven.

You must support your statements with materials from the required readings in the course, as well as outside research. Cite your sources in APA format. An abstract is not needed. A great source for those unfamiliar with APA formatting is http://www.apastyle.org/learn/tutorials/basics-tutorial.aspx. All material must be appropriately cited with an in-text citation (author, date) and a reference page listing.

The focus on this essay should be on the legal concepts. Your discussion of the history of the company should consist of no more than one page of the essay.

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Business Law Insider Trading Discussion

Business Law Insider Trading Discussion Each answer must be between 250-300 words. Discussion Question

Business Law Insider Trading Discussion
Business Law Insider Trading Discussion

1: What must directors do to avoid liability for honest mistakes of judgment and poor business decisions? What is the “business judgment rule” and how does it relate to directors and/or officers? What guidance does scripture provide for corporate directors and officers? Discussion Question 2: What is insider trading? What law(s)/court case(s) prohibit insider trading and why? A recent Securities and Exchange Commission (SEC) action highlights the need for regulated entities and public companies to have in place policies to prevent insider trading and to follow such policies. In July 2011, Janney Montgomery Scott LLC (Janney), a registered broker-dealer, settled an administrative proceeding in which the SEC alleged that Janney willfully violated section 15(g) of the Securities Exchange Act of 1934 the (Exchange Act), which requires registered broker-dealers to establish, maintain, and enforce written policies and procedures reasonably designed to prevent the misuse of material nonpublic information by such broker-dealers and their associates.

International Business Law Term Paper

International Business Law
International Business Law

International Business Law

Multiple Choice Questions

1. Only stats (nations can be parties to the case before the world count

A.True                                                                                                  B.False

2. Only of the major objectives of European Union regulation is to ensure the free movement of people, capital, goods, and services.

  1. True
  2. False

3. Under NAFTA, a country can make citizenship a requirement for intellectual property rights protection.

  1. True
  2. False

4. The united states is one the few nations of the world that regulates advertising to children.

  1. True
  2. False

5. In a prosecution for violating the foreign corrupt practice ACT ( FCPA,) the defendant conduct will be excused if he r she can prove that the payment was paid as a result of extortion by the foreign official.

  1. True
  2. False

6. Assume article X is manufactured in Country Y. it is shipped to country Z where it is substantially transformed before being imported into the united states for resale. For the purposes of imposing import duties under U.S. law, article X will be considered a product of Country Y.

  1. True
  2. False

7. Forms of international business can include all of the following except:

  1. Foreign direct investment
  2. Trade
  3. Licensing of intellectual property
  4. There is no exception. All of the other choices are forms of international business

8. Under the harmonized tariff schedule, all countries charge the same rate of duty upon the import of the same or similar products.

  1. True
  2. False

9. Remedies for breach of contract under the UN convention on contracts for the International Sale of Goods (CISG) can include cancellation of the contract, an extension of performance, money damages, specific performance and price reduction.

  1. True
  2. False

10. The United States is part of the common law system.

  1. True
  2. False

11. GATT stands for:

  1. General administration of Tactical Trade
  2. General assistance for traffic in trade
  3. General administrative trade treaty
  4. General agreement on trade and tariffs.

12. If mediation is chosen as a form of dispute resolution, it will be:

  1. A mandatory process
  2. Binding on all the parties
  3. Not available in international disputes.
  4. A voluntary process.

13. In interpreting the harmonized tariff schedule, the courts will look at the common and commercial meaning of the items being imported.

  1. True
  2. False

14. Europe Is part of the civil law system.

  1. True
  2. False

15. Copyright, patents and trademarks are intellectual properties.

  1. True
  2. False

16. Some foreign countries require employee input into strategic decisions, prescribe employee representation on boards of directors and place impediments on dismissals.

  1. True
  2. False

17. European Community competition law applies only to agreements and transactions that:

  1. The European community wishes to have its approval and involvement.
  2. Involve a European community-based company
  3. Have a direct impact on foreign commerce
  4. Have an effect on intra-European community trade.

18. An independent firm that purchases goods for resale directly from the exporter assumes credit risks in the local market, and provides product service and support is known as:

  1. A freight forwarder.
  2. A foreign distributor
  3. A customs broker
  4. A foreign sales representative.
  5. A sales agent

19. The International Chamber of Commerce is:

  1. None of the other choices are correct.
  2. The headquarters for GATT
  3. A worldwide organization with business community memberships
  4. Part of the United Nations with emphasis on tariff reductions.

20. Letters of credit are a flexible banking arrangement that gives parties an opportunity to experiment with doing business with each other.

  1. True
  2. False

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Legislation Liebeck vs McDonalds Case

Legislation Liebeck vs McDonalds Case Three web resources posted on D2L offer your views about the Liebeck v. McDonald’s case.

Legislation Liebeck vs McDonalds Case
Legislation Liebeck vs McDonalds Case

You may also wish to conduct further research to support your opinions. Your post should be 6 to 8 sentences. Many people have heard about the elderly woman who was burned by coffee she purchased at a McDonald’s drive-thru. Many people believe that the woman herself was driving the car when she spilled the coffee and that she received over $3,000,000. However, neither of these beliefs is true. In fact, the jury award to the woman was reduced by 2/3 by the trial judge, and in fact, she was sitting in a stopped car at the time of her injury.