Business Law Essay - 825 Words

Business Law Essay (Essay Sample) Content: Business LawSubjectNameInstitutionIn studying hotel management or any service providing sector one needs to understand employment law. This will help the stakeholders the employers and employee to do as it is expected by their profession. The law helps both parties to understand what is expected of them and failure to do these results to breach of contract which attracts remedies. Remedies are laid down penalties to any party that breaches the terms of the contract. Employment law has been put in place to protect employees from exploitation of their employers and protect employers from the exploitation that might be brought by employees (Lambiris, 2012). Question 1.a TermsEmployment contract is made by terms which are implied and express. Implied terms are duties that both parties should play during this engagement. Express terms are terms such as salaries, time of engagement, company policies and what the company expects from an employee. Therefore, in Darcys case st udy the implied terms are duties that he was supposed to perform at the company. Therefore, the implied terms include, exercising skill and being competent, but Darcy breached this term because he was not competent with the computer system (Gibson and Fraser, 2013). This led to mistakes that had consequences to the company. Darcy is also not honest because he gave information in exchange of $50 and yet he is not supposed to do such a thing. The express terms that Darcy breached were the company policy of confidentiality where he gave information to the media of which he was not supposed to do such a thing. Another express term was that the company had a computer reservation system which the staff are well trained on how to use, but Darcy have made mistakes on several occasions that led to guests missing on their bookings. This is because he did not press the confirm button. Darcys manager Renoir had orally reminded him severely on how to use the confirm button. The breached terms a re sufficient to guarantee termination of the contract because Darcy was not working in the best interest of the company (Latimer, 2012). Question 1.b TerminationThe termination can be termed as unfair dismissal to some extent and to some extent it was just dismissal. The reason behind this is that Darcy was not given notice before he was dismissed and yet he had been in employment for a reasonable time. Also, there was no valid reason related to the termination of Darcys contract because he was not at fault because the booking was through internet. Darcy was not given a chance to explain and give his reasons; therefore, this could amount to unfair dismissal. In referring to an earlier case Bi lo vs. Hopper (1992) 53 IR 224 where Hopper was accused of stealing cigarettes from the company because he had marked cigarettes. He was not given a chance to explain just as the same as Darcy. However, termination could be termed as just because Darcy had breached some of the policies of th e company such as being efficient in using the computer reservation system (Lambiris, 2012).Part twoQuestion A The person conducting the business has not breached work health and safety legislation because the supervisor has been trained on the procedure to follow during operation. The supervisor has also been provided with a safety booklet. The owner of the business has done as required by the law to provide the necessary safety precaution and measures to their employees. The employer has taken all the measures to ensure that his employees are not exposed to any health hazard related to performing their duties (Emerson, 2009). The employer has also done what is required by the law that any person who employs more than five people should have a health policy. This is well formulated in section two of the Health and work safety Act. Therefore, in part of the company there is no breach of Act because the supervisor is aware of process and responsible of letting the other employees awa re of the policy (Gillies, 2004). Question BJack the supervisor may also be responsible for breaching the safety legislation because he is the one responsible of letting the junior employees be aware of the safety precautions they should take in performing their duties. Jack also told Emily that she could use protective wear whenever she wanted and yet the safety booklet stated that the protective wear should put on always. The supervisor did not insist on emptying the oil when it is cool as required in the booklet (Goldman and Sigismod, 2010). The supervisor also did not warn Emily on emptying the oil while it is hot and the consequences that might follow in case such a thing happens (Miller and Cross, 2004). Emily has also breached the work health and safety legislation in that...

Case Study 4 - 751 Words

Andy Sparks BUSI 600 1. What would you recommend to the board of NCRCC with respect to adding or changing programming activities like social activities for adults, families with children, and children? Based on the initial investigation, and after the discarding of error sources, I would recommend to the board to incorporate more social activities for the adults (Cooper Schindler, 2014, p. 256). This is due to the seasoned members’ complaints on the lack thereof. After a poll was taken and the external validity was verified through scientific measurement, social activities seemed to be one of the biggest concerns for the tenured members. An index was created to further measure customer satisfaction of the younger group in regards to†¦show more content†¦Of the 41% of the tenured customers that stated they belonged to a swimming and tennis club, 80% of them agreed that a cultural change would suffice. Finally, since the formal dining room generated the highest dissatisfaction scores, I would especially spend some time in this area. I would recommend that the dining room was re-designed to a modern theme, after there would be a unanimous decision from theShow MoreRel atedCase Study 4 Essay1350 Words   |  6 Pagesï » ¿Module 08 Case Study: CNS Movement Disorders Part I—Harry Questions 1. What condition or conditions (disease/diseases) could Harry have as described in this case? Which one would be your primary diagnosis? In a very general explanation, describe this condition/disease. (1 point) Harry suffers from Amyotrophic Lateral Sclerosis, also known as Lou Gehrig’s disease.   This disease affects a person’s motor neurons affecting voluntary motor control by damaging both the upper motor neuron and lowerRead MoreCases Study 4 C846 Words   |  4 Pages1. Identify, illustrate and describe the type of structure that best describe the organization, CG Chocolates. According to the cases study CG Chocolates structure is Tall hierarchical structure. g In CG Chocolates company chairmen is Charlie. He is very tuff he follow by autocratic management styel.Chalei believed that people are motivated by a reword and Punishment system. He also believes in a clear chain of command. He followed through on his approach by giving monetary bones ever quarterRead MoreCase Study week 4909 Words   |  4 Pagesï » ¿Case Study: Southwestern University: F The recent success of Southwestern University’s football program is causing SWU’s president, Joel Wisner, more problems than he faced during the team’s losing era in the early 1990s. For one thing, increasing game-day attendance is squeezing the town of Stephenville, Texas and the campus. Complaints are arising over parking, seating, concession prices, and even a shortage of programs at some games. 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Matisse s Bonheur De Vivre ( Joy Of Life ) And Picasso s...

The purpose of this paper is to discuss Matisse’s Bonheur de Vivre (Joy of Life) and Picasso’s Les Demoiselles d’Avignon. This paper will also discuss how both works of art can be simultaneously seen as (1) inspired by, and (2) breaking free of Paul Cà ©zanne’s work The Large Bathers. This discussion will also make note of specific visual references. Matisse (Courtesy of https://upload.wikimedia.org/wikipedia/en/b/b9/Bonheur_Matisse.jpg). Bonheur de Vivre (1905-1906) is considered to be a work created during the Fauvism period of art. Fauvism separated the use of color, from its purpose of representing objects in the real world, and was inspired by works from Vincent van Gogh, Paul Gauguin, Georges Seurat, and Paul Cà ©zanne.†¦show more content†¦2). Paul Cà ©zanne s work at the Salon d Automne in 1907 deeply influenced Picasso and Georges Braque, as Cezanne had used geometric planes and shapes to represent the natural world in a ground breaking way. In a way, Cezanne’s work became a form of posthumous challenge to both Picasso and Braque. Les Demoiselles d Avignon is an important piece of work to the Cubist movement, but it was more like a prototype. Picasso had abandoned the idea of using three dimensions, and instead flattened his subjects onto a two-dimensional plane. The women themselves at times are distorte d and rely on particular geometric shapes to depict them. Some of the faces seem abstract and more like masks rather than true human faces. The poses of the women are aggressive as prostitutes working professionally and considering the state of sexuality and morality in art at this time, was highly shocking and novel to the audience. Cà ©zanne (Courtesy of https://ka-perseus-images.s3.amazonaws.com/2e2378e2f6d9a91010de8ab0345b54f08c5a24ea.jpg). The Large Bathers (1906) is considered to be a work of Paul Cà ©zanne painted during the post-Impressionism period of art. The work has a haze of blue and green colors, and Cezanne had spent a great deal of time studying nude shapes and the use of space. The Large Bathers is considered to be a well-litShow MoreRelatedPablo Picassos Cubism And Henri Matisse Fauvism1845 Words   |  8 Pagescompletely disordered by revolutionary ideas and styles. This art influenced a vast majority of modern day art. Pablo Picasso’s cubism and Henri Matisse fauvism helped shape this era not only in style of painting, but a revolution against conformity of a social artistic structure. Cubism was a style of painting imagined, created, and performed by Pablo Picasso. Cubism represents an art movement in which geometric shapes are manipulated to conjoint an object. For example, Two different size boxes and

Legal Business Agreement Orthodox Community-Myassignmenthelp.Com

Question: Describe about the Legal Business Agreement for Orthodox Community. Answer: 1.Issue The critical issue in this case is to comment on the presence of the intention from the party to enter into legal relationship and determine that whether Richard has enforceable contract with his father or not. Rule There are certain essential elements of the valid enforceable contracts. There needs to be a valid agreement between the two parties along with the presence of the legal consideration for both the parties involved for the enactment of a contract. Another significant requirement that has to be fulfilled for enactment of an enforceable contract is that the concerned parties entering the contract must have an intention to create legal relations (Carter, 2012). It is noteworthy that all agreement by default are not enforceable contracts in a court of law as some of these are justifiable on moral grounds rather than legal principles. An example of this is in the form of an agreement between brother and sister whereby the brother would give the sister a watch as a present on the upcoming Christmas if she scores well in her exams. In the case that the sister does score well and the brother is not able to gift a watch at Christmas, it does not imply that the sister would sue the brother in court of law for breach of contract (Gibson Fraser, 2014). Such agreements between friends or family members are referred to as domestic or social agreements. These agreements are segregated from the commercial agreement since it in the latter, the intention to create legal relations can be assumed to be present by default (Davenport Parker, 2014). As per the Belfour v Belfour (1919) 2 KB 571, it was ruled the for social and domestic agreements, it is imperative for the parties to clearly prove that intention to be bound legally was indeed present in the contract for it to be held enforceable. However, in such cases the court with approach the case with the presumption that such an intention is not there and looks at evidence which seeks to establish the contrary (Flitzpatrick et. al., 2014). A application of the above presumption was witnessed in the Jones v Padavatton (1969) 1 WLR 328case. In this case, there was a promise from Mrs. Jones to her daughter (Mrs Padavatton) that if she agrees to study law in London, then a monthly compensation of $ 200 would be provided to the daughter. The daughter agreed to the proposal although initially she was reluctant. The two parties had dispute as soon as the daughter went to UK to study law as there was confusion in context of the currency of payment and daughter getting lesser than expected compensation. With the intention of improving the condition, the mother bought a house and allowed the daughter to keep tenants and thereby improve her financial situation. But, shortly afterwards the daughter left her studies unfinished as she entered into a marriage. The mother demanded possession of house citing the breach of contract by the daughter as she could not finish her law course. However, the court went with the presumption that no legal intentions exist and therefore held the contract as unenforceable (Pendleton Vickery, 2005). However, in the Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 case, it was held that it would be incorrect to rely on the presumption of non-existence of legal intent in domestic and social agreements and thus the factual elements and circumstantial evidence must be considered to determine the presence of any commercial relation between the parties (Flitzpatrick et. al., 2014). Application Facts In this present case, Richard enters into an agreement with his father to conduct mowing in the front and back yards on the property acquired by the family. The house is situated on an one hectare property and the area of the yard is also very large, which required half day in a single week to mow the yards. The contractual amount was set as $200 for a week. His father agreed to pay this amount to Richard. Earlier, he had hired a gardener for this work and paid him $350. After four consecutive weeks his father denies to pay this contractual amount and asks Richard that he should continue to mow without compensation amount since, it is every family members duty to maintain the family property. He also states that there would not be any charge of boarding or lodging for Richard, if he carries the mow free of cost. As per the highlights of the Jones v Padavatton (1969) 1 WLR 328 case, if the presumption of non-existence of legal intention in domestic agreements in upheld, then there is not enforceable contract between Richard and his father. However, in wake of Ermogenous v Greek Orthodox Community of SA Inc (2002), it is imperative to consider the circumstantial facts from which it is apparent that indeed the parties have an enforceable contract. This is because the father was earlier paying the gardener for this and it is a sizable work requiring considerable time and effort for which Richard ought to be compensated at the agreed rate. Further, since father is a millionaire, there are no affordability issues and the father is merely acting in bad faith. Conclusion From the above argument and removal of the presumption clause, it may be fair to conclude that an enforceable contract does exist between Richard and his father and thereby the father is obliged to make the agreed weekly payments to Richard failing which he can approach court of law. 2. Issue The central concern in the given case is to offer Frere Bros some potential remedies for relief in regard to breach of contract by Joe. Rule As per contract law, breach of contract is a specific situation in which a particular contractual party does not fulfil the obligations arising from the contract. The exact nature and intensity of contract breach tends to be determined at the level of individual case (Gibson Fraser, 2014). In relation to breach of contract, the innocent party (i.e. one who complies with the contract) has been offered some remedies that promote equity and justice in such cases as is apparent from below. Damages Damages are commonly defined as the loss (usually expressed in monetary terms) that has been caused to the innocent party as a result of the contract breach. In accordance to the verdict in the Addis v Gramophone (1909) case, it is apparent that the concept of paying damages in the form of compensation to the aggrieved party is very well accepted and put to use in the common law. These are provided with the following dual intentions (Flitzpatrick et. al., 2014). Ensure that the interests of the aggrieved party are safeguard since it complied with the contractual obligations. By providing that the burden of these damages is borne by the defaulting party, it ensures that such incidents remain under control. The twin intentions stated above assume significance value when consideration is given to the underlying importance of relationships of contractual nature in the field of trade and commerce. It is noteworthy that while awarding damages, the court does not consider the underlying capacity to pay of the defaulter and instead the quantum of damages awarded to the aggrieved party is driven by the underlying magnitude of loss suffered (Carter, 2012). Specific Performance Yet another remedy for the aggrieved party to avail is the specific performance. In accordance with the arguments and subsequent decision of the Nutbrown v Thornton (1805) case, in specific performance, there are orders from the court that require defaulter to perform the certain contractual activities which it had to perform but did not so as the contract was breached (Paterson, J, Robertson, A Duke, 2015). Thus, as per this order to court directs the defaulter to engage in fulfilment of specific contractual actions or activities. This has proved to be an effective remedy in the for upholding the interests of the aggrieved party as adequate monetary compensation may not be sufficient or possible for any given case (Taylor Taylor, 2015). It is noteworthy that this remedy is used by court only in those cases when providing damages would not be sufficient to safeguard the interest of the aggrieved party. However, in the event of presence of ambiguous terms in the contract, the granti ng of specific performance may be denied by the court on the premise that it is not possible to objectively ascertain the underlying contractual obligations (Pathinayake, 2014). Injunction Injunction is yet another remedy available to the aggrieved party under the breach of contract. This is a court order as per which the defaulter is restrained from indulging in a specified activity that he/she may be indulging at the present (and might be causing breach) and also refrains defaulter from indulging in the same till the contract expires (Pendleton Vickery,2005). A relevant case to be discussed in this regard is Lumley v Wagner (1852) case. As per this case, Mile Wagner has enacted a contract with Benjamin Lumley as per which she would perform only at a particular theatre for a period of three months after the contract execution. However, she was approached by the theatre owner who gave her a large amount of money to sing for her and she agreed to sing for the theatre owner even before the three months were over. Lumley decided approached the court for relief and the court responded by providing an injunction which forbade her from performing for others in the present a nd also till the time the contract was successfully discharged ((Flitzpatrick et. al., 2014). Application It is apparent from the given case that Joe and Frere Bros have a legal and enforceable contract in play whereby Joe (a famous actor) could exclusively work for Frere Bros and not any other company for duration of five years. However it is given that Joe entered into a contract for doing a film with another company during the contract period and therefore breached the contract. The remedies at the disposal of Frere Bros in this case have already been highlighted. The key concern for Frere Bros in the given situation is that Joe is doing a film for another company and hence the aggrieved party(Frere Bros) needs a remedy so that the defaulting party (Joe) could be effectively restrained from acting in others film till the contract ends. Hence, as discussed in a similar case Lumley v Wagner (1852), the apt remedy for the given case is injunction which would restrain Joe for signing films with others in the present and future both. Conclusion On the basis of the above discussion, it would be prudent to conclude that in the given situation the most apt remedy for Frere Bros in order to safeguard its valid business interests is to sought an injunction order from court restraining Joe from acting in films offered by other companies for the contract duration. References Books Carter, J 2012, Contract Act in Australia, 3rd eds., LexisNexis Publications, Sydney Davenport, S Parker, D 2014, Business and Law in Australia, 2nd eds., LexisNexis Publications, Sydney Fitzpatrick, JF, Symes, CF, Veljanovski, A Parker, D 2014 , Business and Corporation Law, 2nd eds., LexisNexis Publications, Sydney Gibson, A Fraser, D 2014. Business Law, 8th eds., Pearson Publications, Sydney Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Pathinayake, A 2014, Commercial and Corporations Law, 2nd eds., Thomson-Reuters, Sydney Pendleton, W Vickery, N 2005. Australian business law: principles and applications, 5th eds., Pearson Publications, Sydney Taylor, R Taylor, D 2015, Contract Law, 5th eds., Oxford University Press, London Case Law Addis v Gramophone[1909] AC 488 Balfour v Balfour [1919] 2 KB 571 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Jones v Padavatton [1969] 1 WLR 328 Lumley v Wagner (1852) 42 ER 687 Nutbrown v Thornton (1805) 10 Ves 159

College Application Essay Prompts That Can Be Found Online

College Application Essay Prompts That Can Be Found OnlineIf you're preparing for the college admissions process, you will need to familiarize yourself with some of the essay prompts that you'll likely encounter. You will need to make sure that you've prepared a well-written, coherent essay on your college application, and not one that makes many mistakes. So, we'll take a look at some of the essay prompts that you will find on the internet.There are various types of writing on a college application essay. Some of the essay prompts available include: getting to know your college options, and the purpose of college. With these prompts, you will be presented with a variety of different ideas that you can use to start to determine the direction that you want to take with your college experience.Another type of writing on a college application essay is to present a personal background. This can come in a variety of different forms, such as medical, financial, personal or even something m ore involved. All in all, it can include anything that helps you develop a better understanding of yourself, whether it's something that is personal or that is related to something that you would like to express in the future.Writing about the life experiences that you have is another area that will be covered in the college application essay. You will be given many different examples, such as professional experiences, family challenges, and something else. What you will find is that a number of college admission essays often cover this one section in a multitude of different ways. By taking time to study the different essays, you'll have an easier time figuring out how to put together your own essay that will be worthy of your application.Often, the essay prompts offered online will offer samples of essay topics and examples. These are great, because they will give you a head start when you're doing your research. Just be sure that you aren't over-stressing yourself, because the es say will often tell you what kind of essay you are going to need to prepare for. You can also take some of the sample essays with you, so that you can see what you're getting yourself into.One last area that you will need to check out when looking for a college application essay prompts is to get samples that will help you figure out what you should be using. A lot of times, you might find that some of the prompts can be quite similar. If this is the case, you can find some of the links that are associated with the samples and go from there.One of the best ways to figure out if you're prepared for a college application essay is to remember to go back to the same websites over again. Take a look at the prompt, examine the sample essay, and read what the essay is asking for. This way, you'll have a better idea of what you should be including in your essay, and you'll also be able to decide what you're going to want to write about in the essay.For students who are preparing for their c ollege application essay, you should keep all of the information that you find on the internet in mind. You can save time by getting used to writing the right essay, and you'll find that it will be much easier for you when you get to college.

Un-Answered Problems With Easiest Argumentative Essay Topics Disclosed

Un-Answered Problems With Easiest Argumentative Essay Topics Disclosed The Ugly Side of Easiest Argumentative Essay Topics A superior persuasive argument will use the latest data and data from verified sources. The dearth of superior support sources will end in a decrease grade. You will then have to approach the subject by gathering, generating, and evaluating credible sources to back up your evidence. It is preferable to use templates since they include all necessary formatting elements. Arguments always occur in a specific context. Argumentative essays are very typical in academic writing and are frequently a significant part writing in all disciplines. English language classes usually expect a lot of writing. You are able to also see Writing Template. A conclusion is, undoubtedly, the most significant portion of the argumentative essay since you can either support the very good impression or destroy it entirely. You'll wind up lost without having the ability to make an argument and develop it correctly. A superb argument is a basic numbers game with an obvious winner. Winning an argument is not simple. The Awful Side of Easiest Argumentative Essay Topics There's a logical transition between each portion of essay. You might also see descriptive essay. An argumentative essay presents either side of a problem. A superior argumentative essay ought to have a particular statement that's arguing. When it has to do with writing an argumentative essay, the main point to do is to select a topic and an argument you may really get behind. When the topic was decided, is critical to come up with an argument surrounding the exact same. A manageable topic is one which can be successfully performed within the page needs of the essay. Pick the topic you're already acquainted with. You may continue to keep your argumentative essays for your upcoming job portfolio in case they're highly graded. After all, the task of the student is to just explain h ow other positions might not be well informed or current on the subject. For that reason, it has to be effective and logical. No wonder, you might get lost in all that writing assignments which must be done at exactly the same moment. When picking a topic make sure you like it, as you have to devote days or even weeks on it, so it's important to stay motivated concerning the matter you discuss. Another reason is to observe how well students argue on unique views and demonstrate understanding of the studied subject. Essentially anything that must be understood before reading the remainder of the essay is background info, and ought to be included in the introduction. Finding the Best Easiest Argumentative Essay Topics An argumentative essay is a writing piece intended to persuade a person to believe the way that you do. For this reason, you shouldn't keep away from a bit of controversy. For instance, you can write about something that personally affects you or somebody you k now. Actually, the action of arguing involves providing proof to strengthen your claim, with or without emotions. How to Find Easiest Argumentative Essay Topics There are a few specific elements that are necessary in an argumentative essay. At times you might require some expert help with argumentative essay topics. In order to supply an in-depth understanding about the argumentative essay, it's better to examine some of the greatest examples of argumentative essay. Then you ought to endeavour to choose an appropriate argumentative essay format. Recent argumentative essay topics that are related to society is going to do. In general, the procedure for argumentative essay writing is quite much like that of writing different essays, but there are a few specifics to look at. Every argumentative essay should depend on a topic that may be debated. It is very important to note an argumentative essay and an expository essay could possibly be similar, but they vary greatly concerning the sum of pre-writing and research involved. Ideas, Formulas and Shortcuts for Easiest Argumentative Essay Topics Even when you're writing an informative essay, it's still true that you have the job of attempting to convince your audience that the info is vital. A lot of you might be knowing an outline gives a hint about the standard of an essay. If don't have any urge to waste time on choosing the best topic and writing the entire argumentative essay from scratch, don't forget you've a loyal group of professionals by your side. An outline is a superb tool to remember what you're planning to write about and to steer clear of a fear of getting started. The War Against Easiest Argumentative Essay Topics In the debut, that's the very first paragraph of the essay, Myrtle will want to spell out the matter and state her position. A good conclusion will summarize all data that has happened in the short article and use it in order to give one final reason why you need to join our side. Even if you're a specialist in a particular field, don't be afraid to use and cite external sources. For your debate to be a strong one you always need to double check to see whether there are enough data and information that can back up your viewpoint. There are invariably a wide selection of opinions on the field of technology, and here are our favourite things to consider on this issue. You want to see that different individuals have various points of view regarding the exact topic, so be patient. Why some individuals consider it good, why others think it's bad. The first thing you're likely to have to do is to pick a topic that has more than one clear side. You research, develop an argument, find evidence to back up your claims, and so forth. A comprehensive argument As mentioned before, an argument doesn't have to be formal. Simply speaking, an argument essay has to be logical from starting to end. An argumentative essay is a sort of essay that presents arguments about each side of a problem.

How to Choose Professional Typed Paper Writers

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