...BURGER KING CORPORATION v HUNGRY JACK’S PTY LIMITED (S175/2002) Court appealed from: Supreme Court of New South Wales (Court of Appeal) Date of Judgment: 20 November 2001 Date of grant of special leave: 19 April 2002 The appellant was the franchisor of the second largest food chain in the world. The respondent was the largest franchisee in Australia and for many years had been the sole franchisee. The respondent used its own name Hungry Jack’s for its franchised stores rather than the Burger King brand name. In 1990 after several years of disputes the parties entered into four agreements, which together with the individual franchise agreements in respect of each of the respondent’s stores, governed the contractual relationship of the parties, including the respondent’s development rights in Australia. Under the Development Agreement, the respondent had an unrestricted non exclusive right to develop throughout Australia and was required to develop a total of at least four restaurants per year in Western Australia, South Australia and Queensland. There were continuing disputes between the parties which developed and intensified from 1993 onwards. On 18 November 1996 the appellant served two Notices of Termination of the Development Agreement. On 26 November 1996 the respondent commenced proceedings against the appellant. The primary judge made various findings against the appellant including that the Notices of Termination were invalid and...
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...WiMax.com article Haste Makes Waste in the Broadband Stimulus Process By Charles Bobo The Broadband Stimulus program is the equivalent of a 'land grab', comparable to the Oklahoma Land Rushes of 1889 and 1893, events that coined the term, Sooners. Companies big and small are scrambling to grab their piece of rural America broadband real estate. Consider there are seven times more funding requests than funds to disburse in round one. At first glance it appears many of the applicants either misunderstood the NOFA (Notice of Funds Availability) guidelines, or just chose to ignore them. The question looms, how is a small organization, without the necessary manpower or resources, able to submit an application without being rejected due to the slightest violation of a guideline? Before we address that question, let’s review a few of the program’s basic facts and challenges. An Excellent Program in Spirit The Broadband Stimulus Program is an excellent program in spirit. According to statistics, more than 10-million residents in rural communities through this country are without high-speed broadband; which, according to the NOFA, is a very modest 768k. That’s a speed most of us upgraded from 10-years ago. But to rural Americans, it equates to exchanging the mule for a tractor. It provides farmers with access to agriculture markets, students with access to school, and families with access to an incredible array of tools and opportunities to improve their quality of life. ...
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...HCS/341 Legal, Safety, and Regulatory Requirements The United States regulates employment organization practices through state, federal, and local level laws. Human resources processes within the workplace are impacted by regulatory requirements. Regulations such as legal and social are necessary for organizations to control the existing workforce as well as future labor supplies within the workplace. The paper will attempt to discuss the effects that regulations have on the processes within the human resources department when relating to rationale and compassion within the workplace being replaced by litigation. The Civil Rights Act of 1964 is a law that was put into effect to protect individuals from being discriminated against during hiring processes. The Civil Rights Act has three sections which include equal opportunity, affirmative action, and sexual harassment (Cliff Notes, 2011). These three sections have an impact on the human resources department and it is important that human resources managers comply with these laws. The Equal Employment Opportunity (EEO) laws protect individuals from being discriminated against based on their age, gender, or race. Equal Employment Opportunity regulations help ensure that all individuals are given an equal opportunity when applying for a job or when individuals are considering working towards a promotion. Affirmative action requires that employers put forth additional effort to select and promote individuals who belong to a protected...
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...Treaties and Tribunals Unit 5 IP Cassandra Waller AIU Online November 5, 2011 Treaties and Tribunals Judges and authorized persons investigate and make decisions on a certain affairs given to them using the same standards (Tribunals). A good example of this is when special international criminal tribunals that were established in Yugoslavia and Rwanda by the United Nations to prosecute the ones responsible for the atrocities which happen at war and genocide time. Another example to see what tribunal means is the trials of Saddam Hussein and the other Baath Party officials (Tribunals). Tribunals which are important part in the justice system make contributions in peoples’ lives. They deal with more than 500,000 cases a year. Some of the vulnerable cases are victims of crime, discrimination, treated unfair, persecution, and disputes about tax, employment, and benefit entitlement and they are managed by tribunals. Tribunals help the people recuperate the confidence that they can achieve justice when dealing with the federal, state and international levels. They need institutions that can empower them to work out their disagreements fairly, proportionately, and quickly. Tribunals help problems to be more manageable for the people. Tribunals are also important because two countries are so far away from each other and it helps make the relationship between two countries stronger because they are the checks and balances in the relationship between the two countries....
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...America contains many people with different attributes, with bilingualism being in the middle of one of the conflicts America has; what should America’s native language be? Most Americans feel it should be English while other feels it should not be determined because of the diversity America has. Either way it presents both a positive and a negative insight and depends on the person. Bilingualism seems to be becoming a necessity because of how many people comet to the United States every minute, hour, and day, which presents a time to change and adapt to meet the needs of those coming to the freedom country. While there are people that feel the people coming to the country should learn the countries ways and while not change. Either way both sides of the conflict have great points, so who is right? Researching the internet they is much information to support both sides some negative some positive. One website states the positives that could come from a country that is bilingual, stating that it well benefits business, education, and possibly the economy. This can create an all-around country. Another site that is the opposite in a summary has a negative view. This site presents that having bilingualism in schools can affect the students, which can present issues such as heavy homework loads; students are more than likely to drop out of school because of the work load. The site goes further into detail regarding the issues. The second site that also presented a negative...
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...the “To Drill or Not to Drills” question the side that I agreed with is that the United States should search for oil in Alaska, the Gulf Coast, and other areas within the country that are currently not being explored. The United States has always been so dependent on outside resources to get oil and energy from and that’s one of the reasons why we stay into these wars with other countries. Gas prices and oil prices skyrocket continuingly and as that happens, the people of America pay for it at the pump. According to fair disclosure wire (06/02/2011).” Alaska, with the oil and natural gas industry supports 43,000 American jobs, and that makes up 60 percent of the percent of the state wealth.” If we were to use these resources, it would help decrease our dependence on foreign sources. Some of the key habits that were effecting my thinking was analyzing the both agreements was kind of unsure about the use of oil and energy from foreign resources and I had to make sure I did the proper research before I had a judgment. I found myself going through both the production phase and the judgment phase trying to come up with a good argument to why the United States should find other resources for energy and oil. What I should do to overcome those habits would be to be more confident in what I believe in, take more time to do better research be open minded and listen to both sides, the good and bad of the United States energy needs and breakdown my thoughts better into sub problems and just...
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...Police Organization CJS/210 Police Organization Police agencies are all organized very similar to each other, but the main difference is in their jurisdiction. Local police agencies make up the largest number of law enforcement officers in the United States. Local agencies are responsible for patrolling, and doing investigations of crimes committed within their own jurisdiction. Local police departments are broken down into levels which are patrolled by separate organizations. City level - Full jurisdiction within respectful city, Sherriff's Offices- County Level - which is full jurisdiction within their respectful county, and these organizations have limited jurisdiction outside of their areas (Grant & Terry, 2008). State agencies are given the ability to make arrests, and execute search warrants if an offense is committed in the presence of an officer. One level of the state agency policing is the State Patrol or better known as Highway Patrol (Grant & Terry, 2008). These patrols have jurisdiction to enforce traffic laws, and investigate accidents on any highway or interstate in the respective state that they work for. State Troopers are given full jurisdiction throughout the entire state weather they are in a township, county, interstate, or highway. State police officers are frequently called upon to assist other law enforcement agencies, usually agencies that are in small towns or rural areas (Grant & Terry, 2008). Federal level agencies are made up of...
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...Main Problem Certainly the main problem of Becton Dickinson is that going into a transnational business evolves many upsets among the managerial force, from all different levels of the organization and also all around the globe. Another very big issue is like since most of the revenues were earned in the local U.S. market, this local market has a priority than its other business in Europe, Asia and Latin America; local managers in foreign nations where frustrated because they did not get enough resources to satisfy its local market, and at the same time the headquarters wanted more profits and get more market share to their other locations. Company's situation Becton Dickinson Company a medical manufacturing company, with operations worldwide, and revenues of over $2 billion dollars, almost half of it from outside the U.S. B.D. is a supplier of two main product lines of clinical products, divided in medical and diagnostic. The U.S. domestic production was starting to give way to international sales, making necessary a European division, which in the 1980's the company, was divided by local business divisions centralized with decisions made in the U.S. focusing production mainly in the U.S. market needs, given the remains to other divisions like Europe and Asia. Recommendation An excellent recommendation is that the company should take more in consideration of create a new environment of cooperation among colleges from all over the world, the firm should mold...
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... 6/15/2011 | INTRODUCTION United Airlines is a major airline based in the United States and one of the world’s largest airlines. It was formed in 1934. It is a subsidiary of United Continental Holdings Inc. Its headquarters are located in Chicago, IL. United is a founding member of the Star Alliance, the largest alliance in the world. On October 1, 2010 United and Continental airlines merged together forming the world’s largest airline in revenue passenger miles and second largest in fleet size and destinations. “The new United will offer customers an enhanced travel experience, combining the best products and services each carrier has to offer,” (The World's Leading Airline, 2011). The airline is suppose to be the airline that customers want to fly, the airline employees want to work for and the airline shareholders want to invest in. The key highlights of the merger are the following: * World’s most comprehensive global network, including world class international gateways to Asia, Europe, Latin America, Africa and Middle East with non-stop or one stop service from virtually anywhere in the United States * Most modern and fuel-efficient fleet and the best new aircraft order book, among U.S. network carriers * Industry-leading frequent flyer program that will provide more opportunities to earn and redeem miles worldwide * Optimal hub locations in 10 cities, including hubs in the four largest cities in the United States As of right now the two...
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...Chapter 15, Question #14 Three main limitation to national income accounting that I would like to discuss are; errors in measurement, subcategories that are misrepresented, and how welfare is not measured (EconPort). The gross domestic product, also known as GDP, is the market value of all final goods and services produced within a country in a given period. Errors in measurement come into play because we are unable to accurately figure out the United States gross domestic product numbers due to the Black Market. Also known as the underground economy but commonly referred to as the Black Market, effects a major part of the United Sates GDP but cannot be accurately accounted for nobody knows the overall numbers that the Black Market brings in. Therefore the so called overall GDP for the United States is only half of the real GDP of the nation. Subcategories are interpreted when it comes to the national income accounting. Government spending plays a huge factor but are sometimes not included all the time. Decisions are always made about what is to be included where, but minor discrepancies will always arise. The gross domestic product seems to only measure the market activity and not welfare as well. Situations such as unemployment could come into effect which could lower the nation's spending and eventually lower the GDP which will look like it is based on market value and not on welfare value. Chapter 16 Question #5 Frictional unemployment is important to have in our economy...
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...The Federal Government should provide health care for citizens who cannot afford it. Actually the Government should provide health care for all citizens and legal residents, whether they can afford it or not. Healthcare should be a right; everyone should be entitled to proper healthcare and not be subject to being medically treated or not, based on their financial status. Because of the economic downturn, there is a much higher percentage of citizens that cannot afford to pay for healthcare. Here in the United States the healthcare system is quite complicated; it is operated under a managed care system. There are many people today that are hard working honest citizens that cannot even afford to pay for the healthcare insurance even if it is offered at their job. There are quite a few countries in the world that provide healthcare for all citizens including the United Kingdom and Canada. Right here in the United States the Commonwealth of Massachusetts Healthcare reform is set up to provide healthcare for those who cannot afford, why can’t it be done nationwide. The new health Reform or ‘Obama care’ as it is becoming popularly known as, is designed to assist those who cannot afford proper healthcare. In my opinion, every citizen or non citizen of a country should be entitled to proper healthcare. Healthcare should be a right and not judged on how much income you have. There are people in this country that have not been treated properly because they do not have any health coverage...
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...This short paper will cover the trait of independence, and it will answer a few questions posed to look at the trait of independence from a few different angles. These angles include personal definitions of the trait and how a person should be able to demonstrate that trait. The paper will cover how the AICPA looks at Independence, how the State of Texas vies this trait, and a look at a current article showing the impacts of the trait independence. Upon the conclusion of this paper the reader will have a better understanding of how independence in accounting is defined and how to identify it As we see defined in our class text on page 162 is that independence is defined as, "the state of mind that permits the performance of an attest service without being affected by influences that compromise professional judgment, thereby allowing an individual to act with integrity and professional skepticism. To appear to be independent, the CPA should avoid circumstances that might cause an informed third party to reasonably conclude that the integrity, objectivity, or professional skepticism of a firm or member of the audit (attest) engagement team has been compromised." Within the frame work of my own personal definition I define independence as having the ability to have both the personal courage and institutional ability to analyze, state conclusions, and act in the best interests of the public. As pulled from http://www.tsbpa.state.tx.us/firms/alt-business-structure.html on...
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...Race and Your Community Ethics 125 The analysis of different cultures is a very interesting thing this world is full of all kinds of people. No one is going to be exactly the same yet some a very similar. This paper will cover the impacts, differences and the effects that difference ethnic groups have on my life. The differences between ethnic groups make the world a place of challenges and variety. In my community I have to say that I do look like most of my immediate community. However I live in a part of Houston that is commonly called “the rich part of town” it is mostly a white neighborhood with very few ethnic varieties. If you look all over Houston there are many different cultures and ethnic groups, as I look across the city I have seen an abundance of Mexican Americans, as well as Asians, Indians and African Americans. These different ethnic groups tend to stay in separate regions of the city, although they are not separated by laws they tend to stay separated by choice. I feel like this is one of the only cities that I have lived in that feels very segregated. Leaders in my community often look like me, however after this past years election there now is the very first Hispanic Sherriff in Houston (Harris County Sheriff’s). I was ever excited for the different groups of Hispanics in the area, I am aware that many of these groups feel like they are underrepresented, and this was a major step in the advancement of there representation in the community. For the...
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...| New Health Medical Systems | Memo To: NHMS Management From: Shakeia Cork CC: Date: 12/12/2011 Re: Staffing Strategy New Health Medical Systems is a large hospital and healthcare system in the southwestern part of the United States. The Board of Directors recently announced a new strategic direction to become a regional center for critically ill patients. As a part of that strategy, the organization has opened a new cardiovascular unit, where patients can receive care for heart attacks, strokes and other types of cardiovascular disease. It was quite easy for the unit to recruit quality physicians but there is a problem finding qualified technicians. The technicians in the immediate region are already employed and aren’t actively seeking jobs with other organizations. The director of staffing for the organization has been asked to create a new staffing strategy to fill the 35 new positions in this department. After considering alternatives, she is recommending the following. 1. Place advertisements in the local newspapers. 2. Contact staffing agencies that specialize in placing technicians into health care facilities. 3. Organize a job fair and invite local professionals to attend. 4. Offer a $1,000 signing bonus to anyone who joins the organization and stays for at least 180 days. After I evaluated the current staffing strategy, I don’t believe the adequate enough to fill the 35 new positions that are being offered. The strategy is still only focusing locally...
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...IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF Illinois Justin King, Plaintiff vs. Anheuser-Busch, Defendant Civil Action No. 12345 PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT Pursuant to Fed. R. Civ. P. 33, Plaintiff hereby submits the following Interrogatories to Defendant. Plaintiff requests that Defendant serve its answers, in writing and under oath, to the undersigned counsel for Plaintiff at 262 Millers Ridge, Lebanon Junction, Kentucky 40150, within 30 days of service of these Interrogatories. For the purpose of these Interrogatories only, Plaintiff has used the definitions set forth below. Interrogatories 1. State your company's annual/monthly/quarterly maintenance records/requirements for all of your trucks. 2. State your company's policies as far as far as length of time that a driver can be on the road. Can you provide a copy of the drivers log? 3. State your companies accident reports and insurance policies and procedures in regards to your trucks that are on the road delivering daily. 4. State any conversations that you had with police officers about the accident, including: a. The date, time, and place of each conversation. b. What your driver stated to each officer/paramedic, attending physicians, if you cannot remember the exact words, state them as you remember. c. What each officer/attending physicians recited or said to you verbatim or what you remember. 5. State all of...
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