Business and Corporation Law Business Ethics

Question: Discuss about the Business and Corporation Law for Business Ethics. Answer: Introduction: Consideration is the value that a party gets in a formal contract in exchange of some promise or value. No contract without consideration can be enforceable by law. It is necessary that consideration cannot be based on past performance. Consideration should be the valid as per the law. Payment of debt cannot be considered as valid consideration (Smith et al, 2013). For example in bank loan, the loan amount is consideration for the party for which party ready to pay the principle amount with the interest and for bank interest is consideration for that they are remitting loan to party. Therefore, consideration refers to exchange of some promise or value by the parties. Issue Analysis - Jane has Lotus Super 7 sports car. She is going to overseas and due to that reason she offers her car to jack. It is also given that the market value of the car is $25000. Jack accepts this offer. Rules- As per the language of law, consideration stands for exchange of promise or products having some worth. Consideration can be one thing, which is received by one party in exchange of some promise or valuable. From point of view of Jack, there is nothing performed or promised by Jack, so car cannot be stated as consideration for Jack. Therefore, in this case there is no consideration (Slorach and Ellis, 2016). It is mandatory as per law in the agreement that consideration must be exchanged by the parties. For example A completes his diploma in engineering. After completion of diploma, he offers his books to one of his friends i.e. B. Market price of books in good condition is $2000. B accepts this offer. In this situation, there is no consideration, as there is no any promise made by B for which A has offered his books. This agreement is not enforceable by law, because there is no consideration in this agreement and consideration is mandatory for a valid agreement and a valid contract. In this offer, there is no disclosure of the money or price, on which Jane offers her car to jack. Only the market price of product is given in the case. Jack accepts this offer. It cannot be considered that Jane has offered her car for purpose of sell. It is possible that Jane had offered the car is gift. So, in this situation, there is no consideration (Lambiris and Griffin, 2015). Issue analysis Jane offer to sale her Lotus Super 7 sports car to jack. She coats the price of offer as $25000. The market value of Lotus Super 7 sports car in the good condition is approximately $25000. Jack accepts the offer of Jane. Enforceability of agreement This agreement is enforceable by law. In this contract, all the things of valid contract are clearly mentioned. Consideration is present in this case for both the parties, as both the parties are exchanging some value. In this case, car is consideration for Jack and for Jane, the consideration is $25000 paid by jack. For enforceability of law, it is also necessary that consideration should be legal and this thing is available here. The presence of offer and acceptance are mandatory in an agreement. Example A offers to sell his books to B at a price of $200. The market price of books are in good condition is $200. B accepts this offer. This is an example of where consider is present since there is an offer and acceptance. In this case, Jane offers to Jack his car at $25000 and jack accepts the offer. The free consent of both the parties is also available in this agreement (Jones, 2013). Both the parties are willing to do the contract and exchange the consideration. There is no undue influence in given case. All the essential elements of valid contract are present in given case such as free consent, consideration, offer, and acceptance, legal object are present in the contract (Smith et al, 2013). Therefore, after all the evaluation it proofs that the agreement is enforceable by law and valid. Issue Analysis Jane offers her sports car to Jack. Offer price that is by quoted by Jane is $2500. The market value of Lotus Super 7 sports in good condition is $25000. Jack agrees to the offer of Jane. Enforceability of Agreement In this agreement, the offer price that is quoted by Jane is very low in comparison to the present market price. The offer price of car is $2500 and the present market price is $25000. However, this difference in the prices do not affects the agreements legality (Marson, 2013). The reason behind this is both the parties are agreeing to perform this agreement. No party forces another party to perform the agreement. There is free consent of parties are there in the contract. In addition to this, there is no consideration in law of Australia that the value of consideration must be equal to market price of the assets. As per law, the value of same assets may differ from person to person. For example, the value of car may be $2500 for Jane, as she is leaving for overseas. This agreement is enforceable by law, because in this case there is no information that makes this agreement void or voidable. Example A offers to sell his books to B at price of $15. The market price of books are in good condition is $200. B accepts this offer. In this case, the offer value of books differs from market value of books. But there is valid consideration in the offer and acceptance. For this reason, it may form a valid contract. The consideration in this agreement is present for both the parties. For Jane the consideration is $2500 that is obtained from Jack (MacIntyre, 2015). At the same time, car is consideration for Jack. Therefore, this contract is valid. Issue Shipbuilders build a contract with North Ocean Tankers to build a tanker. This contract is done in US dollar but at the time of contract, they do not mention any information about currency fluctuations in future. But when the United States devaluated dollar by 10 percent then shipbuilder asked that buyer pays extra US$ 3 million, if it was not done, then it would stop the construction of tanker midway only. In this situation, the buyer had to pay extra amount because North Ocean Tankers already booked a charter for the delivering the tanker. But after the nine months of delivery, buyer didnt take any action to recover the excess payment. Now, buyer wants to take action against the excess payment. This issue is to be analysed whether at this time North Ocean Tankers will be successful or not in recovering the excess payment. Rules of Law: In this case below law is identified, which can be applied: Duress: Duress is a condition in, which the individual is threatened to enter into a contract. In the current time, Duress includes the violence and illegal threats but courts have the different economic duress to increase the validity of claim. When an individual enters into this type of contract then it has the power to terminate contract. Along with this, the basis of duress includes the free consent and it operates based on the common law. Apart from this, undue influence is also a contract or condition, which affects the mutual consent of the contractors. This condition helps the individual in taking the advantage of trust during a contract (Wild et al 2014). Furthermore, it includes the situation where one party has the better position over the another party. This contract and condition doesnt involve the duresss threats but at same time it involves the uncontrolled pressure of the party. Duress to the person: Duress of the person can be expressed by the threat of violence. In this type contract, a person or individual comes by the fear of threat of physical violence. This type situation has the needs to prove that pressure was the reason and what was the cause behind entering into contract (Mann and Roberts, 2011). If the individual is not able to prove the reason then the contract can set aside by the court on the basis of threats. Duress to goods: The threat of damage or crush the property may duress. Along with this, threat to seize and detain the goods through the wrongfully is also called the duress. Apart from this, when a person or individual enters into contract through the pressure and pay extra money for the recovering the goods in terms of avoid the seizer and damage of goods (Trevino and Nelson, 2010). For this type of situation courts recognized that, the concerned party has no alternatives and they can claim for the duress. Economic duress: Economic duress occurs in the situation, when the threat of the contract cancellation situation occurs. But if they want the contract to continue then on party agrees on the other parties demands. Apart from this, doctrine of economic duress is a specific and separate doctrine, which helps in the providing solution for the difficulties in the commercial transactions at the time of contract formulation (Fried, 2015). In this case, the doctrine of economic duress will be applied because at the time of contract formation, they dont make any consent about the currency devaluation. Along with this, doctrine of economic duress covered the different aspects such as someone enters into the contract for the threat to damage the financial interest and other different kinds of the threats (Chandler, 2015). Therefore, doctrine of economic duress include the some essentials, in particular case that shipbuilder makes pressure on the North Ocean Tankers to pay excess payment to take the delivery of tanker, which is illegal (Spark, 2013). Moreover, shipbuilder also maker a pressure on the North Ocean Tankers that for completion of tanker buyer make the excess payment, if it will not done the work of the tanker will be stopped in mid only. This pressure of shipbuilder forced the North Ocean Tankers to enter into a contract, which is illegal. Conclusion: Shipbuilder company made a contract with the North Ocean Tankers. After the half construction of tanker shipbuilder told to North Ocean Tankers that they pay an additional sum of US$3 million to meet the losses from the devaluation of currency by 10 per cent by the United States if it will not done then the construction of the tanker will be stopped at the mid. If the contract is cancelled by the client because tanker is not ready it would affect the reputation of company and this can might the reason of heavy claims. Moreover, this increases the cost of the North Ocean Tankers because they additionally make a contract with a charter company for the delivery. On the basis of above discussion, it can be concluded that North Ocean Tankers made an additional payment to shipbuilder under the duress so, now North Ocean Tankers is the able to recover its excess payment after the nine months as per the provisions of the contract law. Remedies The major issue in this case is that the shipbuilder puts the pressure on the North ocean tanker and threatens them that they pay the amount i.e. $3million and if not then they breach the contract midway and stop further work. North ocean tankers had already entered into a contract with a charter company for the delivery of tanker. Therefore, at this time they pay the extra amount to the shipbuilder to avoid the loss of business and reputation. After the nine months, North ocean tanker can go to the court for indemnify loss because North ocean tankers made the payment to shipbuilder in the duress and due to intimidation. In this case, North ocean tankers can be successful in the recovery of excess payment. For this particular case, evidences can be collected from the Kolmar Group AG Vs Traxpo Enterprises Pvt Ltd. Case. In this case, the contract was done for the supply of methanol, but Traxpo refused the supply of goods on the predetermined price and offer to Kolmar Group that if company wants to take the supply of methanol for this company, then they should pay extra price. Therefore, company accepts the new prices if it is not done as the company stopped the supply of methanol (Andrews, 2015). At this time, Kolmar Group have the requirement of the supply of methanol so, under pressure Kolmar Group accepts the contract in terms of new higher price. After sometimes, this case was taken to the court and it was held by court that Kolmar Group made promise of the paying the higher price under the duress and tort of intimidation. Therefore, applicant was entitled to recover the excess payment. References: Fried, C. (2015) Contract as promise: A theory of contractual obligation. USA: Oxford University Press Jones, L. (2013) Introduction to Business Law. USA: OUP Oxford. Lambiris, M. and Griffin, L. (2015) First Principles of Business Law 2016. Australia: Oxford University Press Australia New Zealand. MacIntyre, E. (2015) Essentials of Business Law. USA: Pearson Education Limited. Mann, A. and Roberts, S. (2011) Smith and Robersons business law. USA: Cengage Learning. Marson, J. (2013) Business Law. USA: OUP Oxford. Slorach, J. and Ellis, J. (2016) Business Law 2016-2017. USA: Oxford University Press. Smith, D., Lawson, R. and Painter, A. (2013) Australian Business Law. Australia: CCH Australia Limited. Smith, D., Lawson, R. and Painter, A. (2013) Business Law. UK: Routledge. Spark, G. (2013) Vitiation of Contracts: International Contractual Principles and English Law. UK: Cambridge University Press. Trevino, L. and Nelson, K. (2010) Managing business ethics. USA: John Wiley Sons. Widdowson, A. (2010) Business Law. UK: Pearson Longman. Wild, J., Wild, K. and Han, J. (2014) International business. New York: Pearson Education Limited. Andrews, N. (2015) Contract Law. UK: Cambridge University Press. Chandler, A. (2015) Law of Contract. UK: Oxford University Press.

How to Pick the Sample of Persuasive Speech Essay

How to Pick the Sample of Persuasive Speech EssayTo write a convincing persuasive speech essay, you must know how to pick the sample of persuasive speech that is best suited for your objectives. However, this can be somewhat difficult. All you want is to be able to appeal to the reader and persuade them to listen to your thoughts. This is the way to achieve this.A persuasive speech is a guide that contains a variety of methods and persuading strategies to draw a different point of view. It is designed to present one's ideas, attitude and interests so that the audience will get what he or she wants. And if they are getting the message, they will do what you want them to do as well. In this way, a person's mood will be a factor. What is the effect of that on the audience?To make a persuasive speech, a good writing needs to be developed. If you are trying to persuade people to do what you want them to do, then your speech needs to make them want to do it. This will make the speech all t he more effective because the audience will be craving for your words.This is the power of the persuasive essay and it is certainly one of the most powerful thing you can use when you want to persuade others. With this, you will be able to persuade the listener to come up with the idea that will serve your purpose. You can also use this for other purposes such as a sales pitch. You can actually sell your products and services in a conversational tone and you will be able to entice people to buy them. The key here is to create the right kind of atmosphere so that the listener will want to buy what you are selling.When writing a persuasive speech, the fact that a person has to entice the listener can only be done through the writing. When you are making the speech, you need to ensure that the flow of words that you use is doing exactly that. You cannot go for very lengthy speeches because if they are too long, the listener may not be able to take in all that you have to say. In order to entice your listeners, you need to make it short and concise.A persuasive speech also needs to be appealing to the listeners. If you talk about the same thing over again, the listeners will get bored. Therefore, what you need to do is include things that the listener likes. This is one of the ways to make your speech all the more interesting.The persuasive speech also needs to be persuasive in the first place. You cannot just tell a boring story and expect them to believe in it. You need to be able to persuade them to believe in it. You can do this by mentioning things that will convince them of your story and talk about it as if you are an expert.It is also essential that you use rhetorical questions while writing a persuasive speech. This is to make sure that your listeners do not get bored listening to the same talk. You can make them think about something that will make them ask you a question. After answering the question, you can move on to something else.

Website Analysis Essays - Humancomputer Interaction, Web Page

Website Analysis The Rhode Island Department of the Attorney General' s Website is very easily accessed through any Internet provider. The domain address for this site is Http://www.riag.state.ri.us. This site was just uploaded in June when Sheldon Whitehouse took office. The site was completely re designed. When the home page is opened, the background is a soft white. The logo for the attorney generals office is a banner across the top of the page. The page shows a small picture of the Sheldon Whitehouse, the attorney general of Rhode Island. The site links are on the left side of the page. These links are broken-down into three categories: The Department, Divisions, and Public Information. Current news is down the right side. Under neither the picture of Sheldon Whitehouse are some other bulleted links. Below that is a contact line that encourages questions and comments. Along the bottom of the page is a navigation bar that gives the user access to any of the links along the left side of the page. Graphics and Design The home page is has a classic WebPages design. The two graphics on the page do the best to not draw away from the overall purpose of the page. The graphics are subtle enough but give it a nice change of pace, other than just text. The design after this is the same on every page. The text or information is on the left and the links are on the right of the page. The links are organized in a block navigation bar. The categories are titled in white with a blue background. The individual links are in black with a yellow background. The navigation box is very user friendly and they work. All of the other information on the page is links also. They are linked in blue hypertext. All information on the home page is linked to articles with more information once selected. Along the left side is the current news. All of the links that are attached to the homepage are design with the same plain white background and have the logo across the top of the page. The links are placed in the same spot. The link turns red when you are actively on that page. And all have the navigation bar at the bottom of the page. The linked pages are mostly text. There only two other pages with graphic these are the linked pages call organizational chart and the Tour of the departments. Content The content of the page is mostly geared toward giving people general information about the office of the Rhode Island Attorney general. The sites content is broken-down into three parts. First the Department, this links pages about Sheldon Whitehouse, the mission, past history, a tour of the department, and an organizational chart. The next part is Divisions; this has links to the four divisions of the office of the Attorney General. These divisions are the Executive, Adminstrative, Criminal, and Civil Divisions. Also has a link to their Policy and Prevention. The last grouping is the Public Information section. The section has links to the Public Information office, Press Releases, and Access to public records. The links also include the Open Meeting Act and Advisory opinions. These links can be accessed from any page on the website. Other links include the Bureau of Criminal investigation, Consumer Information, Domestic Violence, Senior protection, Victim/Witness Assistance, Law enforcement and Judicial links. The Content also includes Press releases of current news and complaints. Ergonomics This site has above average ergonomics, especial for a fairly new site. The site is easily navigated through. Each Link is clearly stated what you are accessing when you click on each individual link. When one clicks a link the page is brought up promptly. The user is given the option to navigate to any page when one selects a page. The home link is always at the top of the page. The user will have an easy time moving through the site quick and smoothly. Interactivity The site does not have much interactivity. The only interactivity the site suggests is a contact link that contacts the user directly to the site's e-mail address. The email address to the site [emailprotected] I did contact the host. An

Slavery and Federalism essays

Slavery and Federalism essays The emphasis on natural rights and freedom during the American Revolution and its aftermath that resulted in the formation of an independent United States of America contradicted sharply with the institution of slavery that existed in the country at the time. It was, thus, logical that slavery should an important issue in American politics during the 19th century. While the industrialized Northern states set about abolishing slavery from their territories after the revolution, the agricultural South whose economy depended on slave labor was adamant to retain slavery. Several attempts were made to reconcile the differences but the issue of slavery proved too hot to handle, and ultimately led to the secession of the Southern states and the Civil War between the North and the South in 1861. This essay examines the impact of slavery upon federalism in the United States with particular emphasis on the Missouri Compromise of 1820, Compromise Measures of 1854 and the Kansas-Nebraska Act Federalism and Slavery The United States began as a confederation[1] with a weak central government that ruled the country from 1783 to 1789 under the Articles of Confederation. There was no chief executive or central body to enforce the provisions of the articles or even to impose taxes. Individual states imposed heavy taxes on inter-state commerce that virtually paralyzed the functioning of the government. As a result, the need for a stronger central government was realized. The Constitutional Convention in 1787 resulted in the framing of the US Constitution in which the broad principles of Federalism (i.e., the formation of a strong central government without trampling the rights of the states) were laid. The delicate balancing act performed by the framers of the US constitution between the powers of the federal government and the states, left quite a few grey...

What are some Issues that Lead to the Rise of the Labor Movement and Essay

What are some Issues that Lead to the Rise of the Labor Movement and the Problems Organized Labor Faced both Internally and Externally in their Struggle for Social Equality - Essay Example Most employers since as early 19th century have been known for their ruthless treatment of their workers without considering their wellbeing and the civil rights to which they are entitled. For workers in the industrial sector, labor movements were organized with the core objective of bettering wages, reasonable hours, improved conditions at the work place. The movement’s efforts have since transformed the labor society to what it is today. It has resulted to dismissal of child labor, health benefits accrued to workers as well as provision of assistance to workers who get injured in the course of duty and support to for the retired group. Factors that have led to the emergence of the labor movements include mistreatment of workers at the work place by their employers. Incidences of workers mistreatment had become prominent in the American society that compelled them to form unions in an effort to fight for their rights and protect them from the inconsiderate, self-centered employees. The workers were kept working for longer hours with little or no pay at all. Such terms of contract fuelled formation of mass protest by the workers in protest of the cheap labor. Another factor that was key in the rise of labor movement was political involvement and sensitization of the workers. Local leaders and politicians played a significant role in the formation of unions as they sought to fight for the rights of their people. Most leaders of the time sensitized their community to stand their grounds and fight for their rights. The call by leaders propelled residents who were getting unfair treatment to congregate together and stag e a protest against their masters. This was evident in the colonial era where political leaders led their troops against their masters who were taking advantage of them to gained cheap labor leading to reforms in the sector. Marxism taught believed that trade

Dunkins brands strategic performance Article Example | Topics and Well Written Essays - 1000 words

Dunkins brands strategic performance - Article Example The growth rate is healthy due to lucrative returns for franchisee and surging sales in the Dunkin’ Donuts outlets in U.S. Answer: In the fourth quarter of 2013, the corporation announced an increase by 13.3% in terms of revenues to about $183.2 million. It is believed that the performance was optimistic due to rising sales of Dunkin’ Donuts same-stores which was about 3.5% and at Baskin-Robbins U.S. sales increased by 2.2%. Despite the decline in consumer spending power and harsh conditions of weather, Dunkin’ Brands appears to be doing extraordinarily satisfactorily. We are optimistic about future sales as we are expecting that our sales of Dunkin’ Donuts will increase in between 3-4% in U.S. and Baskin-Robbins in between 1-2% during the period of 2014. Moreover, dividends were also increased by 21% in the quarter which is a positive indication of our firm’s financial performance. Dunkin Brands Group Inc. is the well-known QSR Company which has more than 17,000 distribution points in more than sixty countries globally. It is recognised for being the world’s top ranked franchisors of QSR which is serving a unique range of baked goods, hot and cold coffees and ice creams. In order to effectively manage the business operations, it has four vital components classified as Dunkin’ Donuts, Baskin-Robbins, Nutrition Advisory Board and Culinary Dream Team. Since it has international operations, it is employing franchise model in global destinations. As of 2011, there are 100% franchised business models which comprise of about 10,500 restaurants of Dunkin’ Donuts and 7,000 outlets of Baskin-Robbins. For the period of 2012, Dunkin’ Brands reported sales of more than $8.8 billion generated from its franchisees. The corporation has its headquarters in Canton, Mass. Dunkin’ Brands is well-aware of the fact that the strength of a company lies in its skilled, loyal and experienced workforce and it strives to develop

How College Students Use Wikipedia for Course-Related Essay Example for Free

How College Students Use Wikipedia for Course-Related Essay Why then are academics so wary about the use of Wikipedia within universities? There are a number of related reasons. Before outlining them we should acknowledge that there may be differences according to academic discipline in attitudes towards Wikipedia. Speaking to academics from the natural and medical sciences over the last year, it seems that those subjects are less concerned with issues of originality of source than the arts and social sciences. It also may be [pic] and this is genuine speculation [pic] that academics in the English speaking world, where most of the academic controversy over Wikipedia use has been, are more sensitive to the source than in other parts of the world. These qualifications aside, there are definite reasons why Wikipedia use is, at the very least, contentious in universities. First, it is the product of anonymous individuals rather than known authorities, Wales is quite explicit on this: One of the fastest things we’re beginning to lose is the view of the world that there are a handful of thoughtful, intelligent people that should be broadcasting their views to everyone. And then the public is some sort of crazed rabble, easily swayed by rhetoric and so forth. Now we have to have a more nuanced understanding. Wikipedia is not necessarily anti-academic but it is anti-elitist as evidenced by the short shrift given to eminent academics in debates when they expected deference (see Keen 2007, 43[pic]4). Second, the non-proprietary nature of Wikipedia cuts against academic culture which valorises the rights of the author and publisher. Third, the anonymity of Wikipedia articles is alien to the cache of the named writer of the journal article or book. Fourth, the collaborative process challenges the norm of individual creation, prevalent in the arts and social sciences. Fifth, as intimated, Wikipedia departs from the standard mode of vetting by peer review. It is not true that articles are not reviewed. On the contrary, they are scrutinised by far more editors than for any journal. However, as the contributor is generally not an academic expert, so the reviewer is not generally an academic expert. So Wikipedia rejects academic custom in the compilation of knowledge. In addition, there are a number of what might be termed ‘learning and teaching’ issues pertaining to its use within universities. First, there is the issue of the accuracy of Teaching in Higher Education 651 Downloaded by [University of Glasgow] at 05:27 12 December 2012 Wikipedia entries, something that relates to the lack of formal expertise and peer review. Reviews of the accuracy of Wikipedia entries by formal expert(s) have actually been generally positive (for natural sciences see Giles 2005; American history Meier 2008). Despite this, the suspicion still surrounds Wikipedia that it cannot be trusted. O’Sullivan’s (2009, 119) assertion that ‘most people probably have an ambivalent attitude toward Wikipedia, thankful for its existence, using it frequently, but with reservations about its total reliability’ seems valid. Some academics would no doubt sympathise with the sardonic observation of comedian Frankie Boyle that Wikipedia entries should begin with ‘I reckon’. Second, some have questioned whether Wikipedia’s determination for studied neutrality is convincing. O’Sullivan (2010) complains that as Wikipedia only displays one voice, diversity is not incorporated and therefore articles become bland. Wales’s response is unapologetic: ‘Guilty as charged, we’re an encyclopedia’ (in Read 2006). Not that his approach to knowledge is without theory, it derives rather from his admiration for the convoluted ‘objectivist philosophy’ of Aryan Rand, the Russian e?migre? philosopher and novelist (Younkins 2007). A third learning and teaching concern is that, regardless of the reliability of Wikipedia, it is in itself an illegitimate form of research. Here the thinking would be that a student who culls Wikipedia for assignments does not understand scholarship. This consists of the consideration of various sources: a judicious sifting and ordering of knowledge, rather than lifting bite sized chunks of text that purport to capture a subject. On this Wales concurs, telling students: ‘For God sake, you’re in college; don’t cite the encyclopedia’ (in Young 2006). Some universities in the US have banned Wikipedia use, whilst others recommend a more discriminating approach (Jaschik 2007; Murley 2008). The latter is what Wales and others within Wikipedia advise: it should be used only as a starting place in academic research, a references source and a revision aid. What, however, is the evidence on Wikipedia use by students and academics at universities?