...to treat. (Wu, M, A., Vohrah, B., 1991) The offer is one person to another person, plus hinted that he was willing to accept the proposition propositions. In the case, when the advertisement is an “OFFER”, Sue will become an offeror then Rose, Ryan and Ramesh will become an offeree. (Nor Sa'adah Abd. Rahman 2011.) Rose v Sue In the first case Rose v Sue, the legal issue is depend on the element of agreement is offer, counter offer, acceptance of counter offer ,seeking of more information and revocation. In the material facts, Rose see that offer from Sue there are RM40, 000 and calling to Sue, and Rose make an offers of RM35, 000. Sue need to consider then Rose must hear from her by 9:00 pm then Sue was agreeing to sell on Rose term. But at the night on 9:30pm Sue asks Rose to ignore that letter. The apply law to facts of this case Sue and Rose, Rose was telephone Sue and discussed price with Sue, Sue would like to consider. Rose tell Sue must heard from her by 9pm. Sue is agree her price at 3pm in the same day. Sue now becomes an offeror. The communication of the proposal is complete when Rose receives the letter. But Rose did reply Sue in the same day....
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...Fraud and Money Laundering Definition Money laundering is defined as: ‘The funnelling of cash or other funds generated from illegal activities through legitimate financial institutions and businesses to conceal the source of the funds.’ Anti-Money Laundering, 2nd ed., IFAC, 2004 Fraud is a general term for deliberate misrepresentation and may include money laundering. The problems of fraud and especially money laundering are increasing at an unprecedented rate. Governments worldwide are introducing new legislation and penalties for such white collar crimes. However, the huge amounts of money involved in these illegal activities ensure that criminals continue to exploit ways of increasing their activities. They clearly weigh up the potentially vast profits against their chances of being caught and the subsequent penalties. Context It is a fact that legitimate financial institutions and businesses may be involved in fraud and money laundering. It is therefore crucial that CIMA members, whether in practice or in business, are fully aware of this possibility and are alert to the signs of money laundering which can affect their business. Examination candidates should be aware of the risks involved, especially at strategic and TOPCIMA level. They should ensure that they know the signs of possible money laundering and the steps they must take to report it. 3 Topic Gateway Series Fraud and Money Laundering Overview There are a number of ways in which criminals commit...
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...state created privilege has held up in federal cases. A decade later, as part of the IRS reform, Congress enacted IRC §7525. The section provides that with respect to tax advice, the same common law protections of confidentiality which apply to a communication between a taxpayer and an attorney shall also apply to a communication between a taxpayer and any federally authorized tax practitioner to the extent the communication would be considered a privileged communication if it were between a taxpayer and an attorney. Section 7525 would not apply if the communication between a taxpayer and an attorney was criminal information discuss. 10. Explain the relationships between FOIA and IRC §6110. Does the section augment or limit...
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...credit management system will help you reduce the amount of capital tied up with debtors (people who owe you money) and minimise your exposure to bad debts. Good credit management is vital to your cash flow. It is possible to be profitable on paper and but lack the cash to continue operating your business. Credit management tips It is best to minimise the likelihood of bad debts through good credit management practices. The following suggestions will assist you in preparing your own policies and procedures for credit management: Terms and conditions Clearly state in writing your terms and conditions of trade and your credit policy in writing. Draft terms and conditions that suit your business. It is strongly advised you seek legal advice before finalising the document to ensure it has internal consistency and covers all the key issues. It's also important to ensure the document does not contain any illegal terms and can be relied on in the event that court action is necessary to recover a debt. Include your terms on all quotes, estimates, contracts , agreements, purchase orders, and related documentation. Clearly specify what will be supplied, when the work will be done, and when and how payment is to be made. Obtain a written acceptance of the agreement along with written approval of any variations to the original agreement. Some terms and conditions to consider include, but are not limited to: * penalties for late payment – you must specify the exact fees and...
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...CANADA-U.S. Business Travel Guide Released February 2013 CANADA-U.S. BUSINESS TRAVEL GUIDE INTRODUCTION Word from Jayson Myers, President & CEO, Canadian Manufacturers & Exporters T he advent of global supply chains has led to significant changes in the way manufacturers do business. In today’s day and age, the business of manufacturing is no longer simply about getting a product out the door — it is rather about providing innovative solutions to customers’ problems. Manufacturers now deliver value to customers by embedding their skills, innovation, financing and logistics solutions in the tangible goods they deliver. To compete and win in today’s environment requires constant interaction between manufacturers and their suppliers, customers, business partners, and services providers. Despite recent advances in information and communications technologies, much business is still conducted face-to-face, and deals are still done with a handshake. Whether it’s engineers working together to develop a new manufacturing process, executives meeting to negotiate a licensing agreement, or industry leaders getting together at a conference to map the future of their sector, creating value requires business people to meet and interact. Given the intensity of Canada’s trade relationship with the United States, this is especially the case between our two countries. Not only are we each other’s largest customer, but our businesses increasingly work together...
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...COMMUNICATION PROCESS AND PROCEDURES AT THE WORKPLACE IN REFERANCE TO PUBLIC SERVICE A PAPER PRESENTED DURING THE INTERNAL AWARENESS SEMINAR : UGANDA INSTITUTE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY BY HAJJI BOGERE ABBU PRINCIPAL HUMAN RESOURCE OFFICER MOICT OBJECTIVES OF THE PRESENTATION: At the end of the presentation participants should be able to: Define key concepts; Be familiar with the ways in which to communicate in the Public Service; Be familiar with the communication protocol in the Public Service, and Appreciate the do’s and don’ts of communication in the public service PRESENTATION OUTLINE Introduction, Hierarchy in the Communication, Do’s and don'ts in Communication; Channels of communication in the Public Service; Communication language in the Public Service and Conclusion. INTRODUCTION Communication is the process of transferring information from a sender to a receiver with the use of a medium in which the communicated information is understood by both sender and receiver. It is a process that allows organisms to exchange information by several methods. Communication is like a double-acting hinge, swinging outward to release your own ideas and swinging inward to receive the worthy thoughts of others. – Stacey Huish A two-way process of creating, transmitting and interpreting ideas, facts and feelings. There must be a sender (source) who facilitates the communication and a receiver to receive that message; ...
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...30/11/2013 Rhetorical Analysis of Advice to a Friend on Choosing Mistress Advice to a Friend on Choosing Mistress is a letter written by Benjamin Franklin in June 25th 1745 to his friend. The speech of this letter is essentially communicated to single men. The author gave advices particularly to his friend on which type of woman he should date if he is not ready to get married. Franklin preceded his lustful consulting by an apology for the marriage, recalling his friend how much carnal pleasures are favourable in a legal and recognized union. In his message, Franklin advises his friend that marriage is the best solution not for only sexual desires but also the undisputable source of solid happiness. Having suspicions that his friend would not follow his guidance, Franklin recommends him to choose older mistresses instead of younger ones and lists eight valuables reasons to better support his argument. Franklin commences his essay by presenting advantages of the marriage. He says ‘’ I know of no medicine fit to diminish the violent inclinations you mention…Marriage is the proper remedy. It is most natural state of man and therefore the state in which you can are most likely to find solid happiness’’. Through those sentences, Franklin seems to estimate that from a masculine’ view, one of the main advantages of the marriage is to bring pacification toward requirements of the flesh. The recipient of the letter who was the friend of the author seemed to be looking for...
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...Answer 1. In our case study, King and Queen are the auditors and the plaintiff that is taking legal action against them is EFL. Negligence can be defined as any conduct that is ‘careless or unintentional in nature and entails a breach of any contractual duty or duty of care in tort owed to another person or persons’.(Godsell, 1993 P23) If EFL wants to claim for negligence than they will have to prove that the four elements exists (Gay & Simnett 2010, p. 153). 1) Duty was owed to the plaintiff by the defendant 2) Breach of duty of care 3) Plaintiff suffered loss or damage 4) Causal relationship existed between breach of duty and the lose or damage. In the case study of Pacific Acceptance Case, they established 10 principles and one of it was that whenever an auditor feels some suspicious activities, which may be because of some irregularities and which indicates towards some fraud, the auditor must take some action (Gay & Simnett 2010, p. 156). In our case study there was no action taken by the auditor even though they came to know that impulse was going through liquidity problems which was due reduction in inventory turnover and debtor turnover. If we have a look in the Thomas Gerrard & Son case, auditor should gather proper information when inventory are involved. Physical stock take should be done unless it in not rational to do it for the physical existence. (Gay & Simnett 2010, p. 155). In our case study auditor breached...
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...Muhammad & Muhammad Attorneys at Law 1234 Main Street Los Angeles, Ca 92314 (323) 340-4000 October 1, 2015 Mr. Jeff Gellar 885 Seventh Avenue Los Angeles, Ca 93535 Dear Mr. Gellar: Recently you wrote to us about the possibility of filing a lawsuit against Mr. Smith for Breach of Contract and other Fiduciary Duties, Fraudulent Transfer and Violations of Corporation Laws. Specifically, you have asked for advice on the question whether Smith breached a contract with you and the other contract attorneys under the circumstances described below. After researching the issue, and based on the facts given, It is likely that a court would conclude that Smith, as President and Owner of Smith Law Group, liable to Gellar for non-payment of debts including wages due and breach of this and other fiduciary duties such as an implied duty of good faith and fair dealings inherent in any contract. The court will likely find that Smith breached a fiduciary duty because and employer has an absolute obligation to abide by the contract and pay the agent in a timely manner for services rendered. I will explain this conclusion more fully below after first setting out the facts as I understand them. As you've described it, You worked as a contract attorney at Smith Law Group and performed the duties of processing loan modifications. Mr. Smith failed to pay wages owed to you for work completed as well as for time spent on work in progress. Furthermore Smith Law Group has become...
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...Law firms Project What is the legal aid? Payment from public funds allowed, in cases of need, to help pay for legal advice or proceedings. Legal aid can help meet the costs of legal advice, family mediation and representation in a court or tribunal. Legal aid are limited, which mean that people who earns a certain amount of money, would not be eligible to have a legal aid. Legal has been reduced by 15 pound comparing to the previous hourly pay of 44 pound. The government is cutting off pay rates of 8.75%. Law firm or law centre Law centres defend the legal rights of people who cannot afford a lawyer. They are specialists working in their local communities to uphold justice and advance equality. Procedure within a law company? The procedure are first of all they would speak to you to see if/how they can help. Then they would tell you about the costs. They would also be able to tell you if legal aid is available. Can I get help with my employment tribunal case? Thinking about making a claim to an employment tribunal can be scary. Many people find it helpful to get some advice before they take action. There are lots of organisations that might be able to offer you advice, or help with your case. You can find more information and contact details on this page. You might also want...
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...UCP 600 - Key Issues The UCP 600 became available for incorporation into letters of credit from 1st July 2007 and replaces UCP 500. It is expected that letters of credit issued after that date will be subject to the UCP 600. The UCP 500 has not been repealed and as such and in principle, parties could still opt for the UCP 500. Rationale for the UCP 600 Revisions of the UCP 500 were initiated by International Chamber of Commerce (“ICC”) which mandated the Banking Commission of the ICC to bring the UCP procedure in line with the present times. Though the UCP 500 had obvious benefits, the international business community found the procedure embedded in the UCP 500 cumbersome and open to ambiguity, error and document rejections. New and Simplified Structure One striking feature of the UCP 600 is its lean and simplified look. It is set out in a new and simplified structure. The number of articles have been reduced from 49 to 39. The practice of position papers which were issued previously to clarify rules have been discontinued. The old UCP 500 was subjected to major drafting changes. Every single article has been re-drafted and tightened with a view to not only to bringing simplicity and clarity to the language but to remove ambiguity and reduce document rejections. UCP 600 Summary of New Provisions Set out below is a summary of the new provisions: • a leaner set of rules, with 38 articles rather than 49 articles; • a new section of “Definitions”, containing...
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...Examination Number: 1842 Examination Number: 1842 Advice Letter. Matter: Liability for leaving keys in the ignition. Examination number: 1842 Professor: Hether Macfarlane Class: LL.M. Legal Research, Writing & Analysis Advice Letter. Matter: Liability for leaving keys in the ignition. Examination number: 1842 Professor: Hether Macfarlane Class: LL.M. Legal Research, Writing & Analysis Spring Semester, 2015 Deadline: before 18:00pm on April 19 Number 1842. Spring Semester, 2015 Deadline: before 18:00pm on April 19 Number 1842. John Snow Law firm. 101 J Street Sacramento, California, 95817 April 17, 2015 CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGE Mr. Adam Ewing 1629 Chatham Street Sacramento, CA 95817 RE: Move It Now´s duty of care. Dear Mr. Ewing, During our conversation last week, you asked me to research whether you would be able to successfully sue Move It Now, Inc. and its owners because of the injuries you received when your car was struck by a truck owned by Move It Now and that had been stolen from Move It Now´s lot. My opinion is based on the following facts: The Cavendishes own Move it Now, a franchise located in an area zoned for commercial use in Sacramento. The...
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...Mary and Barnett Hospital-----------------------------------------8b Mary and Joe---------------------------------------------------------8c Mary and Thomas--------------------------------------------------Conclusion---------------------------------------------------------------Reference/Bibliography------------------------------------------------ Pages Executive summary [Type text] Page 2 This report is made of eight sections (case studies)-case study one deals with offer and acceptance, invitation to treat, counter offer as regarding a contract. Case study two is about principles of part payment under consideration, the exceptions for the rule and principle of promissory estopple . Case study three deals on intention to create legal relation which is based on the type of agreement that results in a contract and...
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...Business Law BMAIE003 17th March 2013 Assessment 2 - Forming a Business Individual Consultant’s Report (2500 Words) Feed forward Document Based upon Draft Submissions Submission Rules. I require a copy of your Consultant’s Report to be upload using that Final Submission upload button which is located in the relevant Moodle Portal Area before the deadline. – try not to leave it until the last possible date !!!!!!!!!!!!!!. Please save your word document using the agreed formula: You should save your file using the following protocol – Surname followed by capital letter of first name followed by the word”final”. Thus when I look at it, it should look this this – “sawyerjfinal.doc” or “sawyerjfinal.docx” Your Consultant’s Report may start with a “Front Page” with your business details (nothing too fancy) HOWEVER it must contain the following information: Your Name, Student ID Number, Course Title, Course Code, Assessment Number (“2”) and Type (Consultant’s Report.) and the word count. You should include a short formal declaration that the final work is your own work and that all plagiarism rules have been complied with NB Put your “Instructions” at the back of the document as an Appendix. If you use an introduction and executive summary if it is in italics I will not count it towards the word count. Your document must be in Times New Roman or Calibri 11. Your footnotes must be in TNR or Calibri 9 No other Fonts are acceptable This is a Consultant’s Report...
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...objectives used for legal study are ordinarily included two substantial parts - primary sources and secondary sources. The primary sources are declarations of the enactment from the government such as, an executive agency, legislature, court, governor, or president. The secondary sources suggest a deconstruction, a rephrasing of the primary law. The secondary sources are used to boost determine and demonstrate the primary sources of law. The secondary sources might impact a legit judgment but these sources absolutely do not have the commanding jurisdiction like the primary sources of law. Primary sources of tax law The following are the primary sources of Federal tax law: * United State Code (USC) Title 26; * Court of Federal Claims , Decisions of the USC, federal circuit courts, district courts, and the United States Supreme Court; * Title 26 of USC - Treasury Regulations; * Revenue Rulings , Revenue Procedures, Announcements, and Notices - IRS guidance published in the Internal Revenue Bulletin, and * Other IRS material, including Private Letter Rulings and Technical Advice Memoranda. * ("Tarlon Law Library", 2011). * The secondary sources of tax law There are some of secondary sources such as: * Dictionaries that are designed to give information about terms used in law called "Legal Dictionaries" * Some words & phrases that give the expression and cross-references * The source that contains brief, broad summaries of legal topics which...
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