fraud if one party deliberately conceals facts with the intent to induce the action of other party. The duty of disclosure is more comprehensive when there is a fiduciary relationship between the parties to the compromise. At the same time, it cannot be presumed that the elements of fraud exist only because of the existence of a fiduciary relationship. Likewise, a person who makes a compromise as a result of duress invalidates the same. Duress is defined as the imposition, oppression, undue influence
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Shareholders (iii) Directors (iv) Employees (v) Creditors PROMOTING REFORM AND SHAREHOLDER ACTIVISM ROLE AND RESPONSIBILITIES OF DIRECTORS AND MANAGERS (i) Directors and Managers Distinguished (ii) Appointment and Proceedings of Directors (iii) Fiduciary Duties (iv) Powers and Responsibilities of Directors (v) Liability of Directors (vi) Executive and the Non-executive Directors (vii) The CEO 1 3 3 4 7 8 10 12 17 17 19 20 20 21 22 26 26 26 32 38 42 42 45 III. IV. V. VI. (viii) (ix) (x)
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* BYP 1-7 Ethics Case Paper * University of Phoenix This case’s purpose is fully to examine how Ethics plays a vital role in the decision-making process within the given scenario. First of all, the stakeholders in this situation need to be defined before examining the issues. Next, the examination of the ethical issues involved within the context of the given scenario needs to be looked at. Finally, an analysis of what ethical actions I would have taken if I
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to take care in fulfilling the duty owed. There is no comparison to the two. One is done on purpose and the other is done by not paying attention to what is going on. Interference with Contractual Relations and Participating in a breach of Fiduciary duty: a person that intentionally and improperly interferes with the contract. The interference
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WITH#NEW#HOPE#PUBLISHING#COMPANY## ...........................#6# A. Question#Presented#....................................#6# B. Scope#of#Review#.......................................#6# C. Merits#of#the#Argument#................................#6# 1. Praise# fiduciary# duties# when# they# made# no# attempt# to# balance# the# overriding# pecuniary# interests# of# the# public# benefit# iden certificate#of#incorporation# .....................#6# # a. The# Board# of# Directors# failed# to# adhere# to# which# is#
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Advanced Software Engineering Spring 2015 Exam #3 Please answer all questions, meeting the minimum word count. Do not copy and paste anything, all words need to be typed by your own fingers. Explain the 4 areas of cyber law and what they encompass. What is the difference between criminal law, civil law, and administrative law in the area of cyber law? How does Constitutional law differ from the other 3 areas? (200-250 words) cyberlaw means as the law pf the internet ,computer
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Case Study The Satyam scandal is a case that details carelessness of fiduciary duties, total collapse of ethical standards, and a lack of corporate social responsibility. The corporate governance mechanisms at Satyam ultimately led to the downfall of the company. Two words can clearly explain this scam: greed and desire. The CEO of Satyam, Ramlinga Raju, exhibited greed that overshadowed the responsibility to meet fiduciary duties. To compound the issue, vital information was withheld from employees
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Shannon Allen Agency Relationships The relationship established between two parties for lawful purposes, in which one party, named the principal, requests the other party or agent to represent him is called Agency. Agency relationships create fiduciary duties between the principal and the agent (Kubasek et al., 2012). In this paper, Team B will discuss the different types of Agency and the legal consideration surrounding each of them. Expressed Agency Expressed Agency is known as an agency by
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Ethics Chapter Questions Chapter 1 1. Why have concerns over pollution become so important for management and Directors? Stakeholders increasingly expect that a company's activities respect their values and best interest. Companies are held accountable to stakeholders (i.e.: responsible for smog, polluted water, acid rain, and oil spills.) 2. Why are we more concerned now than our parents were about fair treatment of employees? Activist groups have increase spreading awareness, leisure
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| | Abstract: Section 2(h) of the Act defines the term contract as "any agreement enforceable by law". To form a contract there must be free consent of all the parties, and undue influence, as defined in section 16, Contract Act 1872 puts a obvious obstacle in making the consent free. The kernel of undue influence basically lies in the relationship
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