...Weekly Case-studies for Small Group Seminars Semester 1, 2012 Week 2 case study Deciding what legislation means Case-study: The toxic waste Late in the afternoon on 1 December 2009 Alex Demetriou, who owns a waste removal business, collects a truckload of contaminated soil from excavations at a building site in Melbourne. He drives the full truck back to his company’s yard in Werribee. He leaves it parked there overnight, intending to drive it to a remote dump the next day. A municipal inspector sees the truck in the yard and discovers that the soil in the truck is toxic waste. The inspector tells Alex that the law forbids storing such materials near a river or river bed without a special permit. Alex admits that the soil is contaminated and says that he cannot produce a permit. The Werribee River is three kilometres from the haulage company’s yard. The inspector makes a report to the Police, who charge Alex with a breach of s 3 of an Act called the Contamination Avoidance Act. Alex is given the option of admitting guilt and paying a fine of $1,000. Otherwise, he will have to defend the charge in court. Alex asks for your advice. He admits the soil was left in the yard, but says it was only left there overnight and that he always intended to move it the next day. He says that, in these circumstances, he does not think he contravened the Act. You are asked...
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...Acknowledgement I would like to express my gratitude to Mr.Frank Gunasekara who gave me the possibility to complete this assignment and for the guidance and support they gave in preparation of this study. Especially, I would like to give my special thanks to my parents who enabled me to complete this work. However, it would not have been possible without the kind support and help from my friends. Last but not the least I would like to thank all our peers and staff at I.C.B.T and specially Mr.Dilum our coordinator who were ready to lend a hand in whatever way they can. I am making this project not only for marks but also to increase my knowledge. Thanks again to all who helped me. Executive Summary The reason of this study is to learn the basic legal principles for which we can use in the practical aspect of business. Also from the case studies which is given is very helpful for practical day to day issues. This study is focused on non-lawyers therefore we should give a clear picture of the concepts such as the contracts, negligence torts , breach of conditions etc. this is also helpful to understand and learn the legal terms used in business contracts. This study helped me to understand the key elements of a business contract, Tort of Negligence and also the consequences of breach, and also to apply the rules and laws for practical scenarios. Contents Acknowledgement 1 Executive Summary 2 Introduction 4 Task 01 5 1.1 Simple contract 6 1.2 Contract under...
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...1 Index Importance of Legislative and Ethical Issues in Research and Written Communication Plagiarism • What? • Why? • What is Plagiarism • Example of Plagiarism • Case 1 & Case 2 with Outcome • Definition • Examples of IPR • Case 1 & Case 2 with Outcome Intellectual Property Rights Ethical Issues • Definition • Examples of Ethical Issues • Case 1 & Case 2 with Outcome • Definition of Copyright Law • Brief History of Copyright Law • Example Cases of Copyright Law with Outcome • Definition of Privacy Law • Example case 1 and Case 2 with Outcome Copyright Law Privacy Law References • References Used 2 What is Ethical Issues in Research? Ethical issues in research arise on how the researchers carry out their studies and the interpretation on the moral of the problem and their presentation (Creswell,2003). 3 The purpose of the Research need to be communicated to the participants. (Creswell, 2003) Why? This will protect the subject being researched from any harm Make sure that everyone involved have shared enough knowledge. 4 The research problem being identified is important to have one that will benefit everyone being studied.(Creswell,2003) Why? Make sure that researchers have no irrational , unsafe or selfish demand made by them 5 Participant should never be put at risk and their right should always be protected. (Creswell, 2003) Why? To show respect to those who will take part in research....
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...level of analysis required may be greater and more reliance on primary sources (e.g. precedent cases and legislation) and secondary sources (textbooks, articles) may be required. But the basic fundamentals are still the same: a well-structured piece of work that leads the reader through a discussion of a particular problem or issue. There should be an introduction, a body and a conclusion. Inevitably, either you will be required to put up arguments for hypothetical parties dealing with a hypothetical business problem or you may be asked for your view about a particular legal issue. It is essential that you base your arguments and views on legal principles and cases and thus reliance on what others have written is necessary. This guide attempts to provide you with some assistance in writing and referencing law academic papers. Some basic resource materials are also noted. [NB: This guide is a starting point only.] There are two types of Law Academic Papers Students who take the Business Law Major will inevitably be expected, at some stage, to answer at least two different styles of legal questions: legal case studies and essays. Legal case studies These are questions based on a set of hypothetical facts. The purpose of legal case study questions is both to engage you in problem solving and to consider the issues relevant to risk management. In particular, case studies test your ability to complete an IRAC analysis of the question. This analysis proceeds as follows: ...
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...is articulated. The cases in this resource cover a range of academic integrity issues in Australian universities with application for a wider audience. These case studies have been developed by the Academic Integrity Standards Project. “…I suspect that every senior manager needs to have some training in the issue of academic integrity principles. I learnt mine on the job, so I think that needs to be worked through so that the policy and the implementation and the people who have that power understand those principles …So I think the case study models really useful. How would you deal with someone who had this story; you know, what would you do, and then work out what you'd do pragmatically versus where the policy fits from there.” (Senior Manager, University B, Academic Integrity Standards Project) Although they may be based on real life stories, they have been adapted and anonymised for the purposes of this project resource; pseudonyms are used in every instance. The case studies are designed to be used as triggers for discussion in group seminars and primarily target teaching staff, although they could be used for discussion with students or other academic integrity stakeholders. Support for this project/activity has been provided by the Australian Government Office for Learning and Teaching. The views in this project do not necessarily reflect the views of the Australian Government Office for Learning and Teaching. Case studies on academic integrity ...
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...students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial attendance and Participation 22 7. Final Examination 22 8. Unit of Study Content 23 9. Teaching Method 24 10. Texts and References 24-25 11. Plagiarism 25 12. Student Support programs 25-26 13. The Internet as a Research...
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...theories we utilize daily, I will be discussing these theories and provide an example of each. These theories include Deontology, Utilitarianism, Naturalism and Virtue ethics. I will go onto discuss confidentiality and how it pertains to reasonable limits. Finally I will be discussing a case in which cultural values relate to and influence healthcare. This case describes Mrs. Z, who just moved to the United States two years ago with her family, who finds out she has a positive breast biopsy and does not want to inform her family nor pursue treatment. Deontology is defined as, “a group of ethical theories based upon the rationalist view that the rightness or wrongness of an act depends on the nature of the act, rather than the consequences that occur as the result of it.” (Burkhardt, 2008) This simply means that a person needs to uphold one’s duty. An example is a parent has an obligation to take care of a child. Or in medicine if a nurse witnesses a medication error, she has the duty to report it to the manager, even know it might get the other nurse in to trouble. This is important in healthcare because we need to uphold our practices to ensure the patients are safe at all times. In the case presentation, the Dr. F must uphold her medical duty to take care of Mrs. Z. The doctor has a duty to follow up with Mrs. Z. and provide her with all of the pro’s and cons of the treatment options that would benefit Mrs. Z. the most. Utilitarianism is defined as, “a theory which holds...
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...Case Study 3: Boss, I Think Someone Stole Our Customer Data Evaluate the obligation Flayton Electronics has to its customers to protect their private data. Develop the communication strategy you would take to notify the customers of the potential security breach. Recommend procedures that Flayton Electronics should take to prevent future security breaches http://hbr.org/product/boss-i-think-someone-stole-our-customer-data-harva/an/R0709A-PDF-ENG Flayton Electronics is showing up as a common point of purchase for a large number of fraudulent credit card transactions. It's not clear how responsible the company and its less than airtight systems are for the apparent data breach. Law enforcement wants Flayton to stay mute for now, but customers have come to respect this firm for its straight talk and square deals. A hard-earned reputation is at stake, and the path to preserving it is difficult to see. Four experts comment on this fictional case study in R0709A and R0709Z. James E. Lee, of ChoicePoint, offers lessons from his firm's experience with a large-scale fraud scheme. He advises early and frank external and internal communications, elimination of security weaknesses, and development of a brand-restoration strategy. Bill Boni, of Motorola, stresses prevention: comprehensive risk management for data, full compliance with payment card industry standards, and putting digital experts on staff. For the inadequately prepared Flayton, he suggests consulting an established...
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...Introduction 3 1.1: IMPORTANCE OF THE ESSENTIAL ELEMENTS OF THE CONTRACT. 4 1.1.1. Agreement 4 1.1.2. Consideration 5 1.1.3. Intention to create legal relation 6 1.2: IMPACT OF DIFFERENT TYPES OF CONTRACT 6 1.2.1. Face to Face 6 1.2.2. Written contract 7 1.2.3. Distance Selling 7 1.3. ANALYSIS OF TERM IN CONTRACT 8 1.3.1. Condition 8 1.3.2. Warranty 8 1.3.3. Innominate term 9 1.3.4. Express 9 1.3.5. Implied 10 1.3.6. Exclusion Clauses 10 2.1. APPLICATION OF ELEMENTS OF CONTRACT IN 1ST SCENARIO 10 2.1.1. Agreement. 10 2.1.2. Consideration 11 2.1.3. Intention to create legal relations 11 2.2. APPLICATION OF ELEMENTS OF CONTRACT IN 1ST SCENARIO 11 2.2.1. The law on terms in the case study 1. 11 2.2.2. The law on terms in the case study 2. 13 2.3. EVALUATION OF EFFECT OF DIFFERENT TERMS 14 2.3.1. Condition 14 2.3.2 Warranty 14 2.3.3. Innominate Term 15 REFERENCE 16 TABLE OF FIGURES Figure 1: Composition of an agreement (Komma Naveen Kumar,2011) 5 Figure 2: Types of contract (Business Law,2013) 7 Figure 3: Innominate term 10 Introduction Vietnam JSC Software is a company that specializes in designing software applications for business organizations. The company has derived from applied outsourcing group and e-commerce for the US market in 2000 and it register business in 2003 and continue growth with high speed during recently years. JSC Software is evaluating to be a young company and have a lot of potential to exploit about...
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...our respective businesses must navigate successfully if they are ultimately to maximize stakeholder value. We will do this during Week 1 by covering our two most important TCOs: A and I. These will be foundational for the term. As TCO A is our ethics TCO and TCO I is our international TCO, note that both of these TCOs will be important under and inside each of our topical TCOs (e.g., contracts, environmental law, employment law, etc.) | | Business Ethics | | As we move through the course, each learned TCO should remain in the back of your mind. We will build on them while learning the law. As you will find, most of the TCO A ethical strategies include as a first question the following: Is the behavior illegal? A "yes" answer will (usually) lead you to decide automatically that the behavior is unethical, unless the law itself is unethical (as is sometimes the case). Therefore, as we learn what is and isn't legal, we will want to utilize that information in solving ethical dilemmas. When we move our businesses overseas or to Mexico or...
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...strategies for revision It is important to prepare a good set of revision notes to assist you in your preparation for the Corporate Law exam. Please note that section numbers and page numbers may not be accurate. PREPARATION OF NOTES Make your notes as user-friendly as possible. • Summarise the law; divide into relevant areas (eg. transactions with shares prohibited by the Corporations Law: share buy backs; financial assistance; capital reductions; indirect self-acquisition...) • Similarly, summarise the relevant sections of Legislation in each area (eg - what is a variation of class rights? See s 246C) • in any summary, cross reference it to the relevant page in your notes • Index your notes with table of contents or "Flags". Practice using your materials in exam-type conditions When do the majority commit fraud on the minority in common law? ("An abuse of power whereby the majority secures an unfair gain at the expense of the minority") |Expropriation of company's property |Ratification of breach of directors' duty |Expropriation of members' property | | | | | |1. Wrong against the company [LH 554-555] |1. Wrong against the company [LH 555-557] |1. Wrong against minorty member [LH 557-558]| |2. Cases |2. Gen meeting has a wide power to ratify |2. General rule...
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...Case Study Week 5 Eric A Brock DeVry University Case Study Week 5 Before I explain how you can apply risk management to our corporate security policy, I want to take a look at the basics of risk management. The risk management process involves answering three simple questions, what assets do you have that are worth protecting, what are the known threats to those assets, what can you do to keep those threats from actually occurring. When it comes to the assets that are worth protecting, your mind probably immediately jumps to your company's hardware inventory. First, it should educate the company's employees as to what is expected of them regarding cybersecurity (prevention). Second, it should be a guide that dictates the appropriate response to a variety of security incidents. To accomplish these two goals, you need to limit your policy to a manageable size. If you're trying to educate users on security strategies, keep the documentation short and simple. Users will usually ignore anything that's over a couple of pages long or that's overly complex. If you want to get technical, the real asset is your data. Since authentication credentials are the gateway to your data, they should also be treated as an asset that needs protecting. Clearly, passwords can be disclosed by users with no malicious intent. The resulting damage, however, can be just as serious as if the security breach were malicious. Therefore, when making your list of known...
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...Law Assignment Aalene Williams Business Studies Aalene Williams Business Studies Table of Contents: Case……………………………………………………………………………………Pg2 Issue 1………………………………………………………………………………….Pg3 Issue 2………………………………………………………………………………….Pg5 Issue 3………………………………………………………………………………….Pg7 Issue 4………………………………………………………………………………….Pg9 Issue 5……………………………………………………………………………...….Pg11 Issue 6…………………………………………………………………………………Pg13 Issue 7…………………………………………………………………………………Pg15 Conclusion…………………………………………………………………………….Pg17 CASE: On Wednesday, Tom a vintage car dealer placed an advertisement in a weekly Moto Sports Magazine offering to sell a trump T86 for $10,000 Cheque accepted. Chris saw the Advertisement on Thursday and immediately posted a letter to tom saying he would be willing to pay $8,000 cash and give his office fax number. On Friday morning tom replied by fax ‘Cheque preferred for advertised amount. Yours for that unless I hear from you on the contrary.’ On receipt of the fax Chris posted a Cheque for $10,000. However at 6:45pm on Friday evening, Tom decided not to sell the car to Chris and sent a fax to him to his office to tell him so. The office had closed for the weekend when the fax arrived. Chris did not see it until earlier Monday morning. Chris’s letter arrived at tom’s address on Saturday but was not opened by him until late Monday morning. On Saturday tom sold the car for $8,000 in cash. Chris now claims that tom is in breach of contract. Advise Chris of his legal position...
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...NORTHCENTRAL UNIVERSITY ASSIGNMENT COVER SHEET Student: Max Boller THIS FORM MUST BE COMPLETELY FILLED IN Follow these procedures: If requested by your instructor, please include an assignment cover sheet. This will become the first page of your assignment. In addition, your assignment header should include your last name, first initial, course code, dash, and assignment number. This should be left justified, with the page number right justified. For example: BollerMPM7000-6 1 | Save a copy of your assignments: You may need to re-submit an assignment at your instructor’s request. Make sure you save your files in accessible location. Academic integrity: All work submitted in each course must be your own original work. This includes all assignments, exams, term papers, and other projects required by your instructor. Knowingly submitting another person’s work as your own, without properly citing the source of the work, is considered plagiarism. This will result in an unsatisfactory grade for the work submitted or for the entire course. It may also result in academic dismissal from the University. | | PM-7000 | Dr. Christopher Barrett | | | Procurement Project Management | Assignment 7 | | | Comments: ------------------------------------------------- ------------------------------------------------- Faculty Use Only ------------------------------------------------- ...
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...Nakia Henson University of Phoenix HCS/ 335 Ethics: Health Care and Social Responsibility February 6th 2012 * * * Describe the issue and its impact on the population it affects most: The article that I chosen to write about present a case study that focus on the problem between an individual’s right to ones space and the rights of patients and staff to know when a professional standards has been broken or violated. An order of methods by which the administrator picks or decides a course of action is looked over in the condition of workplace realities through an ethical analysis. The increase of information systems and the progressive involvement of third parties in decision making have created new problems dealing with confidentiality and the letting go of sensitive information for health care personnel who are in a the eye of public trust. The problems that are facing nursing administrators are very complicated and of specific concern are the conflicting demands of giving quality care with not much resource. In this article the author talks about different plan of action that has to deal with the work environment, problems that give left to the possibility for abuse as well as different way to help an impaired colleague who attempts to reenter the workforce. When talking about the two types of ethics, institutional and organizational ethics, they are becoming more familiar about the latest health care systems. The areas with the most ethical challenges...
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