...Issues Based on the case scenario, Doris, Betty, and Charlie formed a company called Bechdo Pty Ltd. The three members are the directors and Betty who is major shareholder holds 40% followed by Charlie and Doris who hold 20% each while the 20% is held by the rest. Based on the company constitution, a managing director has capacity to enter into a contract o behalf of the company up to a maximum of $100,000. Moreover, he/she can enter into contracts to the value of $900,000 upon getting consent for the board of directors. In this case, Bechdo Pty Ltd operates without a managing director since none was elected. The major issue is that Betty being the majority shareholder went ahead and entered into contract with BB Ltd, Jillo Pty Ltd, and Con Development Ltd. All the contracts made were over USD 100, 000, and the last two were over USD 900,000. Upon realization of the contracts, a meeting was convened and a resolution was made that stated that Betty acted improperly and failed to discuss the contracts with board members. As a result, the three contracts have been labeled as void and ultra vires and Bechdo Pty does not recognize them. The paper seeks to advise, Bechdo Pty Ltd, BB Ltd, Jillo Pty Ltd, and Con Development Ltd in regard to their liabilities and legal rights to the contract. Moreover, advice is given on legal grounds that may be taken by Bechdo Pty Ltd against Betty, Charlie, and Doris. Rules First, a corporation or a limited company is an artificial entity which...
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...Memorandum To: Chief Executive Officer CC: From: Rizwan Raja Date: 10/11/2012 There are certain legal restrictions that should always be considered in the planning process particularly as it relates to human resources planning. Title VII of the Civil Rights Act of 1964 prohibits discrimination on grounds of race, color, sex, religion or national origin. Considerations on the sexual deviations that prevent its employment or promotion, too, is a violation of Title VII of the Act (SEC. 2000e-3.Section 704). A former employee of our company has filed a claim against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee alleged that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. Agreements with trade unions, too often impose legal restrictions on the program of Human Resources, as they are specified questions about promotion, kind of work for certain categories of employees, wages, the procedure for resolving conflicts, etc. The leaders that govern the activities of workers - union members need to know all aspects of the industrial relations system in their organization. All managers and administrators should receive appropriate training in the legal constraints imposed by agreements with the unions. Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees and...
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...There has always been much debate and deliberation throughout the years over the controversial topic of self-defence. This level of disputation is especially heightened when factors of innocents come into play, particularly that of an innocent threat. An innocent threat is that which threatens your right to live however is not acting from an intention to kill you. Such that - even though regarded as ‘innocent’ - still imposes an issue to oneself that if no action is taken this undeniable threat will kill you or cause harm. Therefore action proportional to the threat, I believe must be put under the banner of self-defence and as result be deemed permissible. Throughout philosophical history two main concepts upon innocence and self-defence have shone through; the restrictive theory and the permissive theory. The restrictive theory very much supports innocence as a holistic body in that even though a threat, the threat remains innocent thus it is impermissible to cause harm or death. On the other side of the spectrum is the permissive theory. This theory supports the man that is being threatened as it believes threats immediately lose their right to live, thus it is permissible to defend oneself. The restrictive theory is more so then not based on rights whilst the permissive theory embodies a more intuitive and consequential approach hence why it is better for worldly application. J.J. Thompson - a philosopher whose field is in ethics and applied ethics - is in full support...
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...Assessment Task 1 – Issues in Financial Reporting Question 1 There are many potential benefits associated with the international standardisation of accounting standards. Firstly, the standardisation of accounting standards makes it easier for international investors to better understand, compare, and interpret the financial performance and position of companies from different countries that are in competition with each other or are operating within a similar industry. Greater comparability and analysis of information helps these international investors to make more efficient, educated and intelligent investment decisions, particularly when it comes to deciding between the alternative investments on offer, and helps them to take advantage of the risk reduction that is possible through international diversification. Secondly, the harmonisation of international accounting standards reduces barriers to capital inflows by helping companies raise capital in domestic as well as international markets. This is useful particularly for those companies that find it difficult to obtain the funding necessary for their long-term growth and expansion projects in their local economy due to a scarcity of resources. To overcome this problem, companies can have their securities listed on foreign stock exchanges and in doing so, be able to significantly expand their base of capital funding. Harmonisation makes this possible because investors as a result are better able to understand the status...
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...BLOQUE IV: ASPECTOS LEGALES 27 y 30 4-2012 ESTRUCTURA DE UNA NORMA ESTRUCTURACIÓN O COMPOSICIÓN DE UNA NORMA: -PREÁMBULO -ARTICULADO -DISPOSICIONES Toda Norma siempre empieza con un PREÁMBULO. En el preámbulo se razonan la finalidad de la Norma y se declaran los principios y voluntades, que tienen menos importancia que el articulado. En pocas palabras, el PREAMBULO es la explicación de la Norma. A continuación viene el ARTICULADO, en el que se divide y se ordena los ARTICULOS. El número del artículo no significa la importancia de los artículos, todos los artículos tienen la misma importancia. En general, con respecto a la importancia, los artículos tienen el mismo nivel jerárquico, a no ser que la misma Norma lo indique. Por ejemplo, en la Constitución Española (CE), ella misma dice que “hay Derechos más importantes que otros” (el Derecho a la vivienda es inferior a los Derechos fundamentales). Agrupando los Artículos en unidades organizativas superiores, obtenemos de menor a mayor rango, el siguiente esquema: ARTÍCULO SECCIÓN CAPÍTULO TÍTULO LIBRO Por último vienen las DISPOSICIONES, que tienen el mismo valor que el articulado. Existen 3 tipos de disposiciones: * Disposición de orden derogatorio: qué pasa con las normas actuales. * Disposición transitoria: qué pasa con las Normas que se están tramitando. * Disposición de entrada a vigor: 1 disposición que establece la fecha de entrada en vigor de la Norma. Normalmente 20 días después de su publicación...
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...Ókor (5.sz.-ig): -Hivatás turizm.,vallási turizm. -kereskedelmi állomások (Selyemút, Borostyán út). -kiterjedt bir.igaugatása gyakori Utazással jár.-Hippokratész gyógyfürdot Javasol betegeinek.- i.e. 776 óta olmpiai Játékok,-szabadok ztazása a tengerpartra És gyógyfürdokre,-patríciusok utazásai Görögo.-ba,Közel-Keletre és Egyiptomba. -templomok,szentélyek látogatása, zarándoklások a Szentföldre,fesztiválok - római bir. Kituno feltételeket alakított ki az utazáshoz: úthálózat,utak mellé telepített fogadók. – i.sz. 170-ben egy 10kötetes Görögország útikönyv jelenik meg (Pausanias) Középkor (5-15.sz.) -helyhez kötöttség a jellemzo,földesurak Kiváltsága az utazás(gyulésekre,vendégségbe, Nyári szálláshelyre) -kereskedelem,katonák,papok,céhlegények útjai Egyetemek között tanár-diák csere -zarándoklatok -vallási ünnepek (ált. nagyobb utazás nélkül) →holy days -Marco Polo, 1230: elso földrajzi enciklopédia -a lovas kocsi elterjedése (az elsot a 13.-14.sz- Fordulóján Kocson készítették) Újkor (16.sz.-tól): -postakocsi:útvonalán fogadók épülnek,családi Szállodák(elsot David Low építette 1744-ben Covent Gardenben) -1784 elso London-Bristol postakocsijárat -gyógyfürdok divatja,1572 Bath és Buxton ,- 1663 angliai Hertfordshire-ben útadót Vezetnek be az útépítés költségeinek fedezésére -1752: Dr. Richard Russel: Dissertation ont he Use of Sea Water -Grand tour:eu. Szárazföldi kulturális kp.jainak Meglátogatása,eleinte 3évig tartott, a 19.sz.-ig Külön...
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...Oracle – PeopleSo- Takeover Contents • • • • • • • • • • • Introduc-on Products Market Structure Why PeopleSo8 Oracle’s / PeopleSo8’s View Timeline of the Acquisi-on Pre-‐Merger Post-‐Merger Defense / An-defense Strategies A8er Takeover Conclusion Oracle -‐ PeopleSo8 Takeover 2 Introduc-on • The acquisi-on would enable Oracle to capture the Enterprise Applica-on so8ware business, used by large companies. • Merger would be a legi-mate rival to SAP. • Oracle made a hos-le bid of $10.3 billion for PeopleSo8 in June 2003 • Lasted for 18 months Oracle -‐ PeopleSo8 Takeover 3 Oracle • Founded in 1977 by Larry Ellison (CEO) • One of largest developers of “Database Management Systems” • More than 41,000 employees and reported revenue of more than $10.2 billion in 2003 Oracle -‐ PeopleSo8 Takeover 4 PeopleSo8 • Founded in 1987 by David Duffield &Ken Morris • Craig Conway is CEO • Specializes...
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...Stage 1 information processing and publishing Assessment task type 2: issues Analysis * The issue You are a graphic designer and you are really stretched for time because all of your work is due around the same time so you decide that you need to find some short cuts so that you get your work done on time. You think that it would be easy to just download text, images, logos etc. and pass them off for your own work. You’ve talked to your peers about this and they have recommended you not to use other people work and they have explained the consiqueses to you. It is against the law to use someone else’s work and pass it off as your own without their permission, But the problem with this is if you don’t ask for permission to use that piece work from the original owners they can take you to court for using it. The issue is that of taking someone else work and using it for your own purposes and there is a law saying that you can’t use someone else’s work. * Ethical/ moral implications + consequences Using someone else’s work is stealing and stealing is against the law, would be ok for you to steal a car or a TV? Well the same theory is used for copyright, e.g. download some images off of the internet and using their work to make a profit you are effectively stealing from someone else. If you use someone else’s work and they find out about it there can be some serious legal consequences that can happen, all of dot points below demonstrate the stages of punishment when...
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...article “The Battle against Common Core Standards” in which the argument is made that the education system and nation has suffered due to the low expectations of new college students and lawmakers should not consider giving more power to the executive community. 3) Define the term premises. A premise is a claim offered as evidence to support an argument’s conclsion. Premises has to be accurate Statements offered as reasons to support a conclusion are premises. Logicians generally pay more attention to the reasoning, that is, the relationship between premises and conclusion. They rely on scientists to determine the accuracy of the premises (Eldridge, 2001). 4) What premises support the conclusions in each article? That the Federal legis 5) How convincing is the conclusion of each article? Explain your answer. 6) Define the term biases. a tendency to believe that some people, ideas, etc., are better than others...
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...Introduction In this paper I will identify the five stages of discipleship according to the growth process described in the book DiscipleShift: Five Steps That Help Your Church To Make Disciples Who Make Disciples. These five stages are spiritually dead, spiritual infant, spiritual child, young adult, and parent. In addition I will also discuss what is called the Four Spheres of discipleship. Spiritually Dead The Apostle Paul described in Ephesians 2: 1-5 those who were dead in their sins and transgressions. These are people who have not accepted Christ as Savior, instead reject His sacrifice on the Cross. They sometimes claim to seek a God or Higher Power but there is no evidence of any relationship with God whatsoever. These people are what the authors call Spiritually Dead. In fact the author compares these people to dead men in a casket just waiting to decompose. When speaking to the “walking dead” the authors teach how to identify the common “phrase from the stage” in order to assess where a person is in their walk with God. These typical phrases are usually: * I don’t believe in God. * The bible is just a myth. * Religion is a crutch for the weak. * Christians are intolerant and homophobic. * There are many paths to God. (Oprah Winfrey & Joel Olsteen) * I don’t believe in hell. Or hell is on Earth. * My good deeds will save me from hell. * There is no right or wrong, ‘do what thou will’ Once a person is identified as spiritually...
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...CLASSROOM AS A DEMOCRACY All make laws -- legislative function of govt All enforce/implement laws – executive function of govt All judge/interpret laws – judicial function of govt What will be taught, who will teach it, how students will be graded, what are rules of classroom behavior, when you have to leave, when you have to be stopped in particular behaviors, how we will support our teaching ideas, etc. In direct democracy all are legislators, executives, judges – find rules like unanimity, super-majority, majority, etc. In representative democracy, some are chosen (usually by election or rotation among all members) to make laws, enforce laws, and judge laws. Can separate legis, exec, and jud pwr into different persons to protect of too much power in a few persons hands – SEPARATION OF POWERS Can divide powers so that all agree on some rules, but separate groups can make own rules on others – DIVISION OF POWER [FEDERALISM or SHARED SOVEREIGNTY] In Germany, nobles gained more and more power until the emperor was only figurehead by 13th C. Princes and leading churchmen ran ministates as wanted – Germany was crazy quilt of hundreds of independent principalities and cities. Split b/t Catholics and Protestants made this fragmentation more severe. The Habsburg Emperor, Charles V in the middle of the 16th C almost crushed Lutheranism. Solved problem of different religions by cuius regio eius religion – whoever reigns, his religion. Then the 30 years war won...
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...prind ca un vietnamez incatusat de americani Nu o sa ma faci in rime nici peste 1000 ani. Cand apar eu, ar fi bine sa te ascunzi, si fa-o bine Ca si in gaura de maus langa jerry, si pe Luna dau de tine. Dau in tine cu vorbe mai grele ca Greul Greilor SI te dau jos cu usurinta din randul zeilor Unde ai patruns prin efractie, dat fiind nu meriti Sa ai un loc sus, de aceea oponentii tari ii eviti. Dar eu te rad de pe fata pamantului ca Gillette Ca si comparatie, u esti Dacie, eu sunt Corvette Si-mi inchei pledoaria in sunet de trambite Si las din tine doar un amalgam de schitze. Acum te-a zguduit in sfarsit impactul cu relitatea Si ai inceput sa citesti si singur din cartea Ce ne educa pe toti, sa fim mai buni, Fara stapani, legi, catushe si minciuni. Ai deschis ochii sa vezi ceea ce altii nu pot sa vada Si ai reusit sa crezi ceea ce altii nu vor sa creada. In sfarsit intelegi de ce sistemul ne leaga Precum victime tinute in fata leilor ca prada. Si prada inima din tine sa afli mai multe SI sufletul tinde ritmul sa-l asculte. Ai aflat secretul, si ceea ce ne tine incatusati.... dar trebuie sa ramanem frati "SUNTETI PIONI DE SAH PE O MASA DE TABLE TRAITI DE PE-O ZI PE ALTA SI CONDUCETI RABLE CUM V-AS PUTEA TREZI PE RESTU DACA NU PRIN POEZIE SI PRIN RIMA GANDITA CE CUSURUL VI-L STIE" Am vazut ca va dati rapperi voi Cand vorbiti eu ma scarpin la coi De la un timp voi o luati doar in rime mac mac Ca si cand as da battle cu Donald Duck Si v-a mai...
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...ANSWER 1: Sharing the contents of another person’s email without their permission 1) Limits on use of personal information 2) Limits on disclosure of personal information As it is clear from the acts that it is a clear violation of personal information. Suppose if a company leak their clients email address and other companies start sending spam without their consent, it is company responsibility and can be prosecute for this act. Going through someone’s personal network directory. 1) Access to records containing personal information 2) Information relating to records kept by record-keeper If you have high clearance and can access to your colleagues details, it is not allowed to do it without their consent or it will be consider as Disclosure of confidential personal information without consent. ANSWER 2: Normally anyone can call, will get weekly invasion of privacy. Example: People selling unwanted things like soap and vacations, or people selling harmful things like ant viruses that collect your data. When on DNC register, a much smaller amount of people can call, which helps protect privacy. Also, the people calling may be much more preferable to the person that is being called. Example: Charities collecting for a good cause or surveys that help improve the government. Even though the DNC could be improved further by restricting all unsolicited calls, it is still an improvement over being exposed to all callers. ANSWER 3: Yes doing such an...
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...Cash Flow and Payment Terms Cash flow is the lifeblood of any organisation. Companies in the private sector generally focus on increasing profits, but it is inadequate cash flows that can cause serious financial difficulties. With increased fuel and food prices and predictions of a US recession, never has there been a more important time to track cash flow. As value protectors and risk managers, this is a key role for the procurement function. Cash flow is a major concern to SMEs and often threatens commercial survival. Several large retailers in the UK have recently raised their payment terms to 75 days from the end of the month of invoice, with a further percentage discount for paying within these terms. The impact of this on the rest of the supply chain could be any of the following: ■ ■ ■ ■ ■ ■ Vulnerable suppliers in your supply chain; Suppliers covering the cost of late payments into their products or services; Supplier providing a lesser standard or quality of product or service due to having to cut costs; Inflating prices in the supply chain and/or market; Becoming unattractive to suppliers and having fewer responses to tenders or future work; Can create poor buyer-supplier relationships. Supply Management last month reported that “A study of 1,500 small companies by the Forum of Private Business (FPB) found 88 per cent were not paid on time by their larger customers. The majority of the respondents, 72 per cent, said their standard billing period is 30...
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...LEGAL METHODS OUTLINE COMMON LAW REASONING • Role of precedent • Law is not unchanging • Distinguishing cases based on the individual facts to come to new conclusions o Judges give more or less weight to different factors • Narrow/broad interpretations of common law rulings • Rules vs. Standards o Rules: more stringent result (binding) ▪ DEMAND that a decision maker respond a certain way to the presence of triggering facts. ▪ ROL is ostensibly neutral and general; however ▪ Severe impartiality can lead to inhumane results (Think Palsgraf and ct costs) ▪ Consider: The Restatement has no precedential power…do cts sometimes neglect careful analysis of problems b/c of their willingness to defer to the restatement? ▪ Bright line rules: The more the law is settled, the more likely it is that people won’t litigate. Highly predictable outcomes. o Standard: more general interpretation (more leeway in end result) ▪ If there are multiple criteria for analyzing the law, almost always use the standards approach. ▪ direct application of a background principle or policy ▪ Standards mean that there will probably be a lot more for the jury to decide (their sympathies come into play) • Legal doctrines that collide => different levels of generality o Deciding the facts that turn the case • Power...
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