...Unit 2 Individual Project William Hurley Legal and Ethical Environments of Business INTRODUCTION Today’s topic is on is on the subject of linking and when is it trespassing. Linking is a common practice where one web page or site links up with another web page or site. I sent an email about eBay Inc v. Bidders Edge Inc to a friend. She wants to design an internet dating site and doesn’t want to be involved in any illegal complications. After reading my email she responded with some questions about how she could accomplish that. She wants to know what Bidders Edge does that is different than eBay’s normal customers. Why does it matter to eBay? What is the definition of traditional trespass to personal property? Does the definition of trespass to personal property in your text differ from the California definition of trespass to computer services? How? I will do my best to respond to all of her questions. EBAY V. BIDDERS EDGE Bidder’s Edge is an auction aggregation site designed to offer on-line auction buyers the ability to search for items across numerous on-line auctions without having to search each host site individually. ( www.tomwbell.com) EBay is a person to person trading site. On eBay people put items up for auction and other people bid on these items. Basically, Bidders edge would crawl onto different auction sites and obtain information on items for their customers to bid on. Bidder’s edge customers would not have to search a bunch of different sites to...
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...1. Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. Provide an example of each type of property and why it falls into that classification. There are 2 main classifications of property which are real property, and personal property. There are also subcategories that fall under these two major classifications tangible personal property, intangible personal property and fixtures. One's house is considered real property as the definition of real property is realty, land and things that are attached permanently to the land. A car is considered is considered tangible personal property, because it is a physical object that does not fall within the realm of realty nor fixtures. An email account is considered to be intangible personal property because it is not a physical object that one can touch and is rightly yours to use or delete. 2. Eminent domain is defined as the right of government to take private property for a public purpose. Provide an instance of when you have seen eminent domain in action in your community. If you have not seen this situation, create an example of how this may occur. Though I never lived in Chicago or the state of Illinois. The move by the government to condemn and tear down the Cabrini Green projects was one of the biggest exercises of eminent domain that I can think of in my lifetime. The city used a multitude of methods to move the habitants...
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...To whom it may concern: Hello my name is englewooand recently I applied for FEMA. I am writing because I disagree with FEMAS decision. My personal property eligibility was summed up to $529. I strongly disagree with this decision based on the receipts I have to show what was actually destroyed by the recent disaster. I explained all of this to the inspector that came out to my home and showed pictures that my basement was a finished basement before the disaster, even though I wasn’t obligated to show them to the inspector during that time. I have attached numerous receipts of what I had in the upper level part of my home the rest of my receipts I kept in the basement but was destroyed. Some of the bigger items that were destroyed I was able to obtain copies of purchase online which has also accompanied this letter. My husband and I bought this home June 2011 so everything and all the work done to our home is fairly new construction work. We had a stand in shower , toilet and vanity sink in the bathroom that was in my basement (which I also have pictures of)….that alone was more than $529, my washer which I have also attached a copy of and was only 2 years old costs $451.36. My 3 piece sofa set that I ordered from overstock and have attached the receipt for costs over 800$ Having some of the proof of my destroyed personal property and getting an 529 amount really confused me. I don’t know really how this works or how things are calculated but a fully finished basement that...
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...Personal property, also referred to as movable property, is anything other than land that can be the subject of ownership, including stocks, money, notes, Patents, and copyrights, as well as intangible property. Real property is land and ordinarily anything erected on, growing on, or affixed to it, including buildings and crops. The term is also used to declare any rights that issue from the ownership of land. The terms real estate and real property generally refer to land. The term land, in its general usage, includes not only the face of the earth but everything of a permanent nature over or under it, including minerals, oil, and gases. In modern usage, the word premises has come to mean the land itself or the land with all structures attached. Residential buildings and yards are commonly referred to as premises. Personal property is property owned by an individual or business which is movable and is not affixed to or associated with the land. Basically, personal property is everything except real property. Personal property for a business would include equipment, office furniture and equipment, cars/trucks purchased and used by the business, and, basically, everything that isn't "nailed down." In other words, personal property is movable, while real property is not. Because of the mobile nature of personal property, it is more difficult for a credit to use personal property to secure a loan. For example, if a bank loans money on a building, it can be sure that the building...
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...National Law Institute University Tata Consultancy Services Vs. State of Andhra Pradesh AIR 2005 SC 371 Submitted to: Submitted by: Dr. Sanjay Kumar Yadav Ankit Premchandani Associate Professor 2010 B.A. LL.B. 40 Contents Facts 3 Legal History 3 Issue 4 Relevant Statutory Provisions 4 Andhra Pradesh General Sales Tax Act, 1957 4 Appellant’s Contentions 4 Respondent’s Contentions 6 Opinion of the Court 7 Question as to Interpretation 10 Decision 11 Comment 11 Facts * That Tata Consultancy Services (herein after the Appellants) provided consultancy services including Computer Consultancy Services. * Pre-manufactured software or Computer Software Packages off the shelf (canned software) is sold in the capacity of sub-licensees. (oracle, lotus etc.) * Further, as a part of the business, custom made software is also made and loaded on their customer’s computers. (hereinafter referred to as “uncanned software”) Legal History * In respect of the canned software the Commercial Tax Officer, Hyderabad, passed an order under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 [hereinafter called 'the Act'] holding that the software are goods. The Commercial Tax Officer accordingly levied sales tax on this software. * The Appellate Deputy Commissioner of Commercial Taxes also held that the software were goods and liable to tax. However, the matter...
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...Doctrine of Lis Pendens INTRODUCTION The broad principle underlying S. 52 of the Transfer of Property Act is to maintain the status quo unaffected by the act of any party to the litigation pending its determination-even after the dismissal of a suit, a purchaser is subject to lis pendens, if an appeal is afterwards filed-if after the dismissal of a suit and before an appeal is presented, the ‘lis’ continues so as to prevent the defendant from transferring the property to the prejudice of the plaintiff-no reason to hold that between the date of dismissal of the suit plainly be impossible that any action or suit could be brought to a successful termination if alienations pendent lite were permitted to prevail-The doctrine of lis-pendens is founded in public policy and equity and if it has to be read meaningfully such a sale until the period of limitation for second appeal is over will have to be held as covered under S. 52 of the TP Act. The principle of the maxim pendente lite nihil innovetur is incorporated in this section. The section provides that during the pendency of any suit in which right to immovable property is in question, neither party to the litigation can transfer or otherwise deal with such property so as to affect the rights of the opponent. The Explanation makes it clear that lis shall be deemed to commence from the date of the presentation of the plaint and to continue until the suit or proceeding has been disposed of by a final decree or order, and complete...
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...NAME: BONGANI FANA SURNAME: KHUMALO ID. NO: 31EMB 13510 PROGRAM: MBA, EVENING COURSE: BUSINESS LAW LECTURER: MR. MTAMBO INTAKE: 31, MBABANE QUESTION: What are the rules governing the passing of ownership and risk under the Roman Dutch Law? Do they differ from the rules under English law? CHAPTER ONE Introduction: Ownership does not, as in English law, pass on account of a mere agreement between the parties. Delivery of the goods is required. South African law adheres to the “abstract system” of passing ownership whereby the mere intention of the parties to transfer and accept ownership is sufficient, independent of the existence or non-existence of a valid underlying causa. Ownership will pass even if an underlying causa (like a contract of sale) is lacking, putative or invalid. Among the essential requirements of ownership, in which we are specifically interested include the conditions that (i) the delivery must be made by the owner of the goods, or by an agent of his/her who is expressly or by implication authorized to alienate them. This rule follows from two complimentary principles: (a) that which belongs to a person cannot be transferred without his own act – “id quod nostrum est, sine facto nostro ad alium transferri non potest,” (b) no-one can transfer to another a greater right than he himself has – “nemo plus juris ad alium transferre potest ipse harberet.” (ii) The transferor must have the intention of passing the ownership of the thing, and not merely...
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...East by legally protected wetlands. Silatel believed the area’s beauty would attract and inspire top research talent, which could help ensure the venture’s success. M-Core management, however, believes that success hinges on the development of a 90-acre research and development campus that includes office, laboratory and research space. Plans also call for artistic landscaping, walkways and green areas, an open-air design that M-Core management believes will relax and inspire campus workers. To the West and South of the New Oxford facility are older homes, most built prior to World War II, some as early as the 1800s. The residents of New Oxford are proud of their homes and take great pride in maintaining these impressive, historic properties, many of which boast beautiful gardens. In fact, each year the town sponsors a garden contest with a $500 top prize. To move development along with minimal delay, M-Core has made generous offers to these residents whose homes sit on the 86 acres surrounding Silatel’s donated plot. Most of the homeowners were happy to...
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...Question 1. Wether OB has taken on and breached a fiduciary duty to either, or both of SB and MPL, ultimately depends on the nature of its relationship at any given time with the parties in question. For this I consider the situation with each of the counterparties to OB individually, and throughout the various stages of the financing deal. Relationship with MPL A fiduciary relationship is one of confidence and trust whereby one party assumes particular obligations to act in good faith and not against the interest of another (i.e. counterparty). Fiduciary duty arises automatically when the relationship is one of agent and principal; trustee and beneficiary; director and company; partner and partner; or employer and employee. In its dealings with MPL, OB appears to be primarily engaged in a banker and customer relationship. As this does not fall under any of the categories of relationships specified above, there is no inherent fiduciary relationship. That being said, OB may have assumed a fiduciary capacity under common law, subject to satisfying the conditions arising from the Hospital Products Ltd vs United States Surgical Corporation (1984) 156 CLR 41 case. OB would be a fiduciary to MPL if it can be shown that it was acting in its interest and in a dominant position rendering MPL vulnerable to potential abuse. On the given facts, there is no clear-cut case to suggest that MPL, by virtue of its directors’ expertise, is vulnerable to abuse by the dominant OB. Therefore OB...
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...significant impact on how a company conducts business. Real property and personal property laws also vary between the states and play a significant role in business decisions. Research into insurance laws, environmental regulations, and the impact of real versus personal property laws in states considered for business operations is paramount to a successful business venture. Real and personal property acquisition A whitewater rafting business requires operating from the ground up. In searching for the best place suited to start up this business three sites where chosen, the Nolichucky River in North Carolina, the Chattooga River in South Carolina, and the Colorado River in the Grand Canyon in Arizona. There are two kinds of property, personal and real. Personal property in all three states is classified as movable. Mobile homes are classed as personal property and may be acquired with minimal formality. According to all state laws, mobile homes as personal property depreciate in value. Real property is immovable or attached to the land and the civil law protects the status of real property in real estate markets. Accountants "distinguish personal property from real property because personal property can be depreciated faster than improvements while land is not depreciable at all" (Wikipedia, 2012 Feb. 19). There are certain fees and other expenses that become part of the cost basis in the property. Real properties are...
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...DUE DILIGENCE MEMORANDUM TO: JJJ Company FROM: Riordan Manufacturing DATE: September5, 2012 RE: JJJ Company to complete the Due Diligence to complete by- Setember5, 2012- For any transaction takes place. As a result to the investigation of the proposed acquisition, Riordan Manufacturing needs more information from the company to make a firm decision on behalf of the company. Please provide us with the information stated below. Please note this memorandum is designed so you can indicate your response on the form, in substantial time frame. Accordingly, please check all appropriate boxes to the right that apply to you as indicated in the request make sure to indicate whether the boxes is applicable or not applicable and relevant documents or explanation is enclosed. To make sure your response item satisfies the responses request in other items, please so stated. Unless something else different is stated, please enclose all requested information for your company and all of its subsidiaries. Make sure that all documents are completed and sign on the last page as indicated in the request and return a copy with the memorandum to Riordan Manufacturing, along with the applicable documents. When sending the documents to the company makes sure to retain a copy to help facilitate the preparation of the schedules to the definitive purchase agreement. All information that is provided will be treated...
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...Know About Real Estate - Pittsfield MA real estate Real estate is basically a property which consists of a land with some buildings on it. It also contains natural resources like water, crops and minerals. There is also a real estate business in which buying and selling of this property is dealt. In United States of America’s law the word real estate is used for relating a thing and is used to differentiate from a person. This means that a real state property is a land property which is differentiated from personal property that is furniture, clothes and money. So this is a term which differentiates between movable property and immovable property. In United States of America Pittsfield MA real estate is 276 out of 331 largest municipal areas. Total population of Pittsfield MA real estate is 130,518 and has 38 zip codes. Different figures taken from different surveys are as follows Real estate Pittsfield MA has total area of 931 square miles; area of water is 14 square miles, People are living approximately 140 people per square mile and total districts in Real estate Pittsfield MA is 1. Location of Pittsfield MA is in the eastern region of United States of America. Note that all these figures are according to the latest survey reports and changes may happen. In United Kingdom the term real estate is used as real property or the property that is fixed. With the recent advancement in private property sector the business of real estate has been boosted and has become the main sector...
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...Chapter 6 Property Accountability at Unit Level This chapter discusses concepts and procedures for accounting for organizational property and weapons. Another major concept introduced in this chapter is the command supply discipline program. It also introduces the basic methods for the relief of property accountability. 6-1. ACCOUNTABILITY AND RESPONSIBILITY. Property accountability is one of the greatest challenges a company commander will face during his tour of duty. The commander can do many things during a command tour but still fail as a commander if he does not maintain proper accountability of his equipment. The commander has the responsibility to keep the unit's property in serviceable condition. The commander must stress to the soldiers that each person is responsible for all property in his charge and not just for property that is listed on the unit property books. Commanders must also ensure their soldiers properly account for unit property. AR 710-2 and AR 735-5 contain the Army policy for property accountability and responsibility. DA Pam 710-2-1 contains the manual procedures for property accountability. DA Pam 735-5 contains procedures for officers conducting a report of survey. Property Accountability. Property accountability is the obligation of a person to keep an accurate formal record of property issued to him. The record should show item identification data, quantities, balances, and transactions. This obligation may not be delegated. The accountable officer...
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...Chapter 50 1. Which of the following is NOT essential to the transfer of real estate by deed? Signature of the Grantee. 2. Which of the following carries with it no warranties or guarantees of title? Quitclaim deed. 3. If Stan's land is condemned in order to build a subway system for the city: he must be given the fair market value of the property as of the time of the taking. 4. In order for a deed to be effective between the seller and purchaser, the deed must: be in writing, signed by the seller, and delivered to the buyer with the intent to transfer title. 5. The seller's warranty that he has marketable title to the land would be breached if the buyer discovers: a lien on the land. a defect in the chain of title. a lease on the premises. All of the above. 6. The action through which the mortgage holder takes the property from the mortgagor, ends the mortgagor’s rights in the property, and sells the property to pay the mortgage debt is: foreclosure. 7. The elements of adverse possession include: continuous, open, actual, and exclusive of the true owner. 8. A typical enabling statute grants municipalities which of the following power(s)? To establish setback lines. To limit the intensity of use of lot areas. To restrict the location of industries and trades. All of the above. 9. Marketable title means that the title is free from which of the following? Encumbrances. Defects in the chain of title appearing in the land records. Events depriving...
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