Sunday, December 29, 2019

Business Law - 1268 Words

29.2 Mercedes Connolly and her husband purchased airline tickets and a tour package for a tour to South Africa from Judy Samuelson, a travel agent doing business as International Tours of Manhattan. Samuelson sold tickets for a variety of airline companies and tour operators, including African Adventurers, which was the tour operator for the Connollys’ tour. Mercedes and injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable? Connolly alleged that the International Tours and Samuelson were negligent in failing to advise her that a walking tour was part of the tour. She was injured when she slipped on a rock. She alleged that they failed to provide her with a safe tour. The tourist further contended that†¦show more content†¦The suppliers sued the partnership to recover the money owed them. The partnership assets were not sufficient to pay all their claims. So the question is who is liable to the suppliers? Where the partners of a real estate development partnership charged one of the partners and his company with the responsibility of developing the real estate, they effectively made him and his company agents of the partnership. Applying the provisions of the Uniform Partnership Act to the case at bar, when the partners of Vermont Place charged McGowan and his company, Advance, with the responsibility of developing Vermont Place, they effectively made McGowan and Advance agents of the partnership. Under the law of partnership, all partners were jointly and severally liable for the debts, because the acts of one partner, acting within the apparent scope of his authority, bound the entire partnership. The court found that the trial court did not clearly err in determining that the mechanic s liens, held by the suppliers, were inferior to the construction mortgages perfected by the banks. The mortgages were recorded prior to the commencement of the construction of the improvements on ea ch project site, so they were prior to the suppliers liens, relating to construction materials obtained thereafter. Further, the mortgages were valid under Ark. Stat. Ann.  § 51-605, because the aggregate sum requirement in the mortgage satisfied theShow MoreRelatedBusiness Law And Ethics : Backoffice Business Brief1862 Words   |  8 Pages Running head: BACKOFFICE BUSINESS BRIEF 1 Business Law and Ethics BackOffice Business Brief Patten University BACKOFFICE BUSINESS BRIEF 2 Constitutional Rights and Guarantees BackOffice is a new startup business that will provide potential clients with an application (app) that woul d automate certain business functions. BackOffice will be selling the app to certain business clients that will use it to facilitate their customers’ transactions. It is important that the owner of this companyRead MoreLegal Underpinnings of Business Law Essay609 Words   |  3 PagesLegal Underpinnings of Business Law OMM 670: Legal Environment February 25, 2013 Legal Underpinnings of Business Law Business | Type of Business | Liability Exposure | Compare | Contrast | Tinker’s Home Security Service | Sole proprietorship | Unlimited | Monetary rewards are from both the Proprietor amp; business | Sole Liability | Tinker amp; Tailor’s Home Security Service | General partnership | Unlimited | All partners are responsible whether silent or active | If you areRead MoreLaw 531 Business Forms Worksheet1386 Words   |  6 Pagesï » ¿University of Phoenix Material Business Forms Worksheet There are seven forms of business: sole proprietorship, partnership, limited liability partnership, limited liability company (including the single member LLC), S Corporation, Franchise, and Corporation. 1. Research and provide three advantages and three disadvantages for each business form. 2. Provide a 100- to 200-word summary in which you provide an example business that you would start for each form. What is legally necessary toRead MoreBusiness Law3143 Words   |  13 Pages2012 – OCTOBER SEMESTER 2012 STUDENT NAME: CHU THI HONG TUYEN ID No.: 2448481 BMLW5103 – BUSINESS LAW ASSIGNMENT Question 1 Discuss the enforceability of an agreement which lacks consideration. Using legal authorities (relevant statutes and cases) to support your discussion. Answer: A valid contract is an agreement made between two or more parties that creates rights and obligations that are enforced by law. What does the consideration mean? And what does it effect to the agreement? ConsiderationRead MoreBusiness Law : Labor And Employment Law891 Words   |  4 PagesBusiness Law: Labor and Employment Law Each and every day business throughout the United States are met with challenging situations that are centered around labor and employment law. As the director of human resources for Company X, I have been tasked with analyzing three situations that may or may not violate any federal acts. The federal acts that will be considered are the Family Medical Leave Act of 1993 (FMLA), the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans withRead MoreBusiness Law762 Words   |  4 PagesB Bai 1 : Business Law: 40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rearRead MoreBusiness Law Development Of Mongolia2212 Words   |  9 PagesCourse Paper Myagmarsuren Jargal International American University BUS 540: Business Law for Managers Flavia LLoyd June 28, 2015 Business Law Development Issues in Mongolia Mongolia is a developing country, which is encountering challenges to develop modern business law. During the twentieth century, Mongolia had been a socialist country and developed almost fifty years of non-private property regime. However, the end of the twentieth century, the country changed its regime to democraticRead MoreBusiness Law1345 Words   |  6 PagesQn 1: Whether James can hold the Happy Holiday Hotel for the loss of his property under the common law? The issue of this case will be whether James can hold Happy Holiday Hotel responsible for the loss of his property notwithstanding the exemption clause found in the hotel rooms. Under the Exemption Clauses in Common Law, it states that in order for this clause to be valid, the clause must be included in the contract when the contract is made. If there is any attempt to include it in after theRead MoreBusiness Law1088 Words   |  5 Pagesconditional constitute consideration? Yes, such a promise consideration even if the condition is unlikely to occur. 3. What is the general rule about the adequacy of consideration? The adequacy of the consideration is irrelevant because the law does not prohibit bargains. 5. Is there consideration when a secured note for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount? Explain. No, because if a secured not for a lesser amount is given andRead MoreBusiness Law2474 Words   |  10 Pagesnature of liability in negligence amp; (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC amp; (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned to VJSC 8 Conclusion 11 References 12 Introduction Law plays important roles to protect benefits, obligations and

Saturday, December 21, 2019

The Abolitionist Appeal On Slavery Essay - 1318 Words

Fredrick Douglass’s goals in writing the abolitionist appeal was to shed light on why slavery is something that should be condemned and talks about how the society should not use slaves to get things done. He was just trying to eradicate slavery and everything it stood for, and that shows what kind of person he was and speaks volumes to who he was as an individual. He was a tough person who never backed down, the best word to describe him would be a fighter, he fought for his country in a time where he gave voice to all those who felt oppressed and scared to speak out because of the possible consequences and the repercussions for doing so. He believed in equality to the highest degree and would not back down from his stance, he especially believed in fairness and equality when it came to race and the abolishment of slavery, he would go to any length to show his support in the end of slavery. It was as if he had a fire in the pit of his stomach and the only way to extinguish it was to completely eradicate slavery but the whole idea of servitude was a sensitive subject given his odd and difficult upbringing. He was born into the slave world as a planation worker in an unfortunate situation where his father is the one who owns the plantation. The one thing that made Fredrick Douglass stand out was the fact that he was an intelligent individual, he was book smart and he could spell, which showed that intelligence could be in more than just the white slave owner and that a slaveShow MoreRelatedThe Abolition Movement Of The American Revolution1575 Words   |  7 Pagesindignation towards slavery and racial discrimination. Abolitionists believed that slavery was immoral and illegal and supported these ideas with the two most important laws at that time, the Bible and the Constitution. Although the ideals between abolitionists were similar, their means of bringing slavery to an end were completely different. The late 1830’s brought the distinction of tac tics between radical and conservative abolitionists. Conservatives strove for a gradual abolition of slavery while radicalsRead MoreThe Speech By Frederick Douglas890 Words   |  4 PagesJuly?† was spoken, by Frederick Douglas, to the supporters and abolitionists at the Rochester Ladies Anti-Slavery Society of Fourth of July. In his speech Frederick Douglas speaks heavily on the subject of abolitioning slavery. Frederick Douglas provides comparisons and analogies, appeals to the audience s logic, and appeals to the audience’s emotion in order to convince the audience to more vigorously fight for the abolition of slavery. Douglas provides comparisons between the founding fathersRead MoreSlavery : A Stand On Slavery1605 Words   |  7 Pages2111 November 11, 2015 Take a Stand on Slavery – Abolitionists The movement to eliminate slavery in the United States during the antebellum years was difficult and did not go unchallenged as there were many people who were pro-slavery while others were anti-slavery. Before the Civil War there was debate over the issue of slavery. Slaves were considered property, and were property because they were black. Many people in the South were strong advocates of slavery, while people in the North were opposedRead MoreAbolitionism and William Wells Brown987 Words   |  4 PagesDouglasss anti-slavery agenda, Brown began his career as a pacifist who boycotted political abolitionism in the 1840s, but his writings over the course of the following decade reflect his growing militancy and preference for political activism to end slavery. Slave narratives have clear political and social agendas, as they seek to expose and record the evils of slavery, but some of the most compelling antislavery writing appeared in nonliterary genres, as well. While many abolitionists adopted severalRead MoreThe Rhetoric of Henry Highland Garnet in His ‚Äà ºAddress to the Slaves of the United States‚Äà ¹1042 Words   |  5 Pages His spiritual and loyal appeals complimented rigorous and sometimes conflicting principles as seen in his â€Å"An Address to the Slaves of the United States of America.† The captivating rhetoric of Garnet and his ability to form new alternatives and redefine elements of contention signifies the rhetoric of strife, promoting African American loyalty and emphasizing the courage of African American males. Garnet was a dynamic elocutionist, enabling him to emotionally appeal to his audience and contributeRead MoreEssay on The Cruelty of Slavery and Opression in America1599 Words   |  7 Pagespopulation of the US was exempt from these â€Å"inalienable rights† and heavily oppressed by society. The cruelty of slavery and oppression as a whole reached its peak in the 19th century bringing upon the abolitionist movement, which eventually aided in the historic removal of slavery and the continued fight for equal right of citizenship for African-Americans. Of the many abolitionists who fought for equality in the 19th century, Angelina Grimke, Frederick Douglass, and Harriett Jacobs stand out asRead MoreHistory Essay 21355 Words   |  6 PagesMontreal Gazette and the Letter to an English Abolitionist by James Henry Hammond, shared their strong opinions on the important issue of slavery. These documents were written in the 1800’s during an era of progressive changes. One can identify similarities and many differences in their opinions, motives, and goals for their writings. I believe Bell’s account was written to show the perspective of slave s’ brutal view, compared to Hammond’s letter justifying slavery and the rights of the slaveholders. Read More Abolition Essay870 Words   |  4 Pages A Stronger Resistance The abolitionist movement in the United States sought to eradicate slavery using a wide range of tactics and organizations. The antislavery movement mobilized many African Americans and some whites who sought to end the institution of slavery. Although both black and white abolitionists often worked together, the relationship between them was intricate. The struggle for black abolitionists was much more personal because they wanted to end slavery and also wanted to gain equalRead MoreSlavery And The Slavery Of Slavery933 Words   |  4 Pages Slavery, up to this point has progressively gotten weaker. In 1787 slavery is made illegal in the northwest territory. In 1793 Eli Whitney made the cotton gin making the demand for slaves increase. In 1820 the missouri compromise was written to ban slavery in all states above the northern missouri border. In the year 1831 Preacher Nat Turner starts a rebellion that is known to be the largest slave uprising in American Hist ory. also that year William Lloyd Garrison started publishing the LiberatorRead MoreEthos, Pathos, and Logos: Black Abolitionist Arguments Against Slavery1420 Words   |  6 PagesIn the mid-1800s the issue of slavery had emerged in the U.S. as a major conflict. In the northern states a small but very articulate group of abolitionists formed to speak out against the abomination of slavery. Several of the most influential and outspoken abolitionists were actually former slaves. Three such speakers during that time were Sojourner Truth, Frederick Douglass, and Harriet Jacobs. All born into slavery, and having witnessed its horrors first-hand, these three black reformers publicly

Friday, December 13, 2019

Rate of return Free Essays

Depending on the facts and circumstances involved In a particular research and development arrangement, true payments by the entity to the other parties ostensibly for royalties or to purchase the partnership’s interests in or to obtain the exclusive rights to the research and development results might actually be any of the following: * a. The settlement of a borrowing ; b. The purchase price of an asset * c. We will write a custom essay sample on Rate of return or any similar topic only for you Order Now The royalties for the use of an asset. The financial reporting of an entity that is a party to a research and development arrangement should represent faithfully what It purports to represent and should not subordinate substance to form. † Without specific guidance and this as a launching point we need to look at this transaction and really see what’s going on. From the agreement presented in the case this Is what I have been able to cull out of the extreme ambiguity. The first piece of the agreement we should comb over Is the future royalties to be received by PIE from the sales of an established Pharmacy drug for a defined period of time. An established drug in the market has reasonably estimable future cash flows. I. E†¦ Pilfer could predict with reasonably certainty sales of Vicarage this year. Thus, PIE Is constructively lending Pharmacy money now, with repayment of the borrowing coming in the form of royalties for a defined period of time. Lending money with recurring repayments of that principal over a defined period of time is essentially a bond. That Is also what Is going on here. The question is how much is PIE lending Pharmacy? If we accept that the future royalties associated with Pharmacy existing drug are reasonably estimable and for a defined period of time, we can do some math and discount the future cash flows and apply an appropriate return for similar debt Instruments’ cash flows to arrive at exactly how much of Pep’s money to Pharmacy Is constructive lending. The number we arrive at for the constructive lending would be recorded as a note receivable (or more specific verbiage could be used) for PIE and a payable for Pharmacy in the form of a royalty payable to satisfy lending obligation. Now, as Pharmacy proceeds with their best efforts in developing drug X, and the amount of cumulative cash PIE has Infused Into Pharmacy at each threshold exceeds the amount previously quantified as constructive lending we have a new situation. The money is no longer lending, so what is it? ACS 730-20-25-8 states: â€Å"To the extent Tanat ten Atlanta rills escalate Walt n ten research Ana development NAS Eden transferred because repayment of any of the funds provided by the other parties depends solely on the results of the research and development having future economic benefit, the entity shall account for its obligation as a contract to perform research and development for others. † If we look from Pep’s point of view, they inserted the future royalties of the existing drug into the agreement as a guaranteed return of some of their invested capital. We can assume the PEE fund isn’t incompetent and understand that up to a certain investment point, presumably to the same dollar amount of expected cash flows from the existing drug royalties they are entitled to, they can’t say that a return on investment drug X is more likely than not. However, once they start giving their incremental investments beyond the constructive lending amount we quantified earlier I think it is safe to say PIE sees a return on drug X as probable. So, PIE would need to record any cash sent to Pharmacy beyond the constructive lending amount as an investment, Just as any other investment is recorded. They would need to be wary of impairment, perhaps, more so than other forms of investment, but this is strictly now an investment in Pharmacy. For Pharmacy, as stated in ACS 730-20-25-8 above, now has an obligation to perform research and development in the amount of any cash provided by PIE in excess of the constructive lending portion of the agreement. As we saw in ACS 730-20-05-9 at the top of this analysis of the agreement, there is an extreme amount of supposition involved in these types of RD agreements and the code says they need to be accounted for with the substance of the transaction above the form. I believe the aforementioned constructive lending portion and investment portion of the agreement satisfy the substance of the arrangement best under the circumstances presented. Also, the code itself seems to recognize its lack of ability to clearly delineate the proper accounting treatment and throws us a nice blanket piece of code to ensure the proper disclosure of the agreement in the form of 730-20-50-1 stating, â€Å"An entity that under the provisions of this Subtopic accounts for its obligation under research and development arrangement as a contract to perform research and development for others shall disclose both of the following: * a. The terms of significant agreements under the research and development arrangement (including royalty arrangements, purchase provisions, license agreements, and commitments to provide additional funding) as of the date of each balance sheet presented * b. The amount of compensation earned and costs incurred under such contracts for each period for which an income statement is presented. † This Just means the agreement needs to be disclosed on both ends. How to cite Rate of return, Papers

Thursday, December 5, 2019

What outrages you free essay sample

What outrages you? What are you doing about it? 1000 characters l dont know, one of the most common phrases which is a limit we place on ourselves. We accept our lack of knowledge and prevent further thought. A limit Is defined as something that bounds or confines. Nothing drives me crazier than watching this. Accepting a limit creates a comfort zone that does not allow for Improvement. Through coaching and tutoring I am able to help others challenge themselves. Coaching, I was introduced to girls who TLD push their limits. These girls TLD reach out to teammates and accepted loss. I explained to them, that they always needed to give all their effort. The following game was their only win all season. Tutoring my peers, I hear I dont know at least 10 times a day. I challenge anyone I tutor to go the whole time without saying this phrase. We will write a custom essay sample on What outrages you or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Without this phrase, they think much more about the question, whatever It may be and thus, progress their knowledge. By challenging our Limits, we allow for growth and ultimately achieve greatness. On my school varsity team, we faced a very similar challenge. It was the regional quarter-finals of my senior year, possibly the last match Id ever play with my team. We were down 21-10 and all hope seemed lost. I went back to serve with the intention of pushing past what I thought were my limits and getting every single ball up. This attitude quickly spread throughout the entire court, to the bench, and all the ay through the stands.It seemed as if we were a new team in a new game that had never lost. Like the girls Id coached, we came back and won that night which allowed our season to continue. One small amount of determination to push past easily accepted limits can completely change the outcome. I have tutored a friend, and the one thing I will not allow him to say is l cant do it because in saying this, you accept your failure at something and are thus unwilling to try until it is achieved.