Company Law

Company Law
Lecture 2:
PROMOTERS & PRE–INCORPORATION CONTRACTS James Mendelsohn BS3/16 01484 473607 james.mendelsohn@hud.ac.uk
Corporate personality Artificial, separate legal personality Registration at Companies House Limited liability
Salomon
Issues arising from separate, artificial legal personality
A. PROMOTERS
Background Definition
– no statutory definition – 2 common law definitions
Twycross v Grant (1877) 2 CPD – someone
who "undertakes to form a company with reference to a given project, and to set it going and... takes the necessary steps to accomplish that purpose"
(Cockburn CJ)
Whaley Bridge Calico Printing Co v Green (1880)
5 QBD 109 – "the term promoter is a term not of law but of...show more content...
Lagunas Nitrate Co v Lagunas Syndicate [1899] 2 Ch 392
(CA):

The promoters were the 1st directors – no independent board; They had an interest in the property which they sold to the company, but disclosed this to
prospective shareholders – this was sufficient.
Gluckstein v Barnes [1900] AC 240
If a company enters into a transaction in
which its promoter has an interest, the company can recover from the promoter any profit made on the transaction which was not disclosed to and
approved by the company ("secret profit")
– Mr G formed a syndicate to buy a property from the liquidator of an insolvent company, and then resell it. – Mr G & friends also promoted and
registered a company to buy the property from their own syndicate. – They appointed themselves as directors of the company.– The syndicate then
bought the property from the liquidator, nominally for ВЈ140,000. – They then sell it on to the company for ВЈ180,000. – In order to fund the
purchase, the company invited members of the public to buy shares, for which a prospectus was issued. – The prospectus disclosed a ВЈ40,000 profit
on the property.
– However, the promoters had made an extra profit of ВЈ20,000 – This was not disclosed to the prospective shareholders – vague reference to "interim
investments" – 4 years later the company went into liquidation – The extra
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Business Law Contracts Essay
LEGT 1710 Assignment 2 Introduction Harry (H) who is the father of James (J) is attempting to sue J for a breach in contract and is seeking damages
of $30,000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where
H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract, including intention,
agreement, consideration, legal capacity, genuine consent and legality of objects must be established. Once these elements are satisfied, the terms of
the contract need to be evaluated to deem whether the contract between H and J is enforceable. Once it has been established that the contract is...show
more content...
b) Agreement For there to be an agreement, the elements of offer and acceptance need to be properly satisfied. H offers to deliver the timber for
$90,000, which then becomes binding when J accepts this offer by promising to pay the sum total of $90,000 for the timber, which is unqualified
acceptance (Lawbook, 2006, 7.1.370). The offer is communicated and accepted by word of mouth (Felthouse v Bindley). Therefore it can be
concluded that there is sufficient offer and acceptance between H and J for tha agreed additional $30,000. c) Consideration Consideration is the
exchange of "something for something", or it must be the exchange of promises (Carter, Peden and Tolhurst 2007). In this case, J asks for a supply
of timber in return for the promise to pay $60,000 as well as an extra $30,000. This consideration can be considered as good consideration as the
exchange of promises occurs after the verbal contract had been established, unlike in Roscorla v Thomas which indicates past consideration, where
consideration is made after the act has been perfomed. This consideration is also adequate as set up by the precedent in Chappell & Co Ltd v
Nestle Co Ltd which shows that consideration must have some value, just as the timber, and the promised $30,000 have some value and as both
parties are seen to gain some benefit from the exchange. However, it can be argued that there may be insufficiency of

Sources of Business Laws
Sources of laws There are primarily two sources of American laws; Legislative source and the Judge or Court Made laws. Legislative sources cover the
utilization of the constitution and the various criminal statutes from varied states. The constitution as a source of law is a written instrument and
agreed upon by a given state or Union which acts as the guide to the decisions and actions for all the departments within the particular government.
These guidelines remain as they are unless they are changed by the authority that instituted them through amendments. The constitution as a source of
law has the longest life and is the hardest to amend. The other source of laws are the statutes which are the formal written enactment of the legislative
body, be it state, county, federal or even city. These are more specific than the constitution and are enacted by the congress as a solution to major
problems that arise with time. The statutes can be criminal statutes or civil statutes in nature and are generally easier to amend than the constitution.
Regulations are yet another source of laws and are generally meant to implement the policy adopted within a statute. It can be looked at as an order or
rule with the legal backing of the government executive authority. Most of these regulations are formed by agencies within the executive branch since
they have the expertise in the particular fields in which they are offering the guidelines. The judge or court made law is yet

Common Law Vs Civil Law Essay
Differences between Common Law
And Civil Law
This paper is aimed analysing the differences between common law and civil law in the UK and other European countries. It will also explore the
theory behind the development of these laws and the segments of society that they cater to.
Collin put forth a viewpoint that the increased collision between public law and contractual practices has led to a disintegration of the former, resulting
in the need to revise the private so that it is in tandem with the public and welfare legislation (Collins, 1999, Regulating Contracts). However, private
laws and public regulation are governed by doctrines that are very different in their basic nature and whom they are meant to protect....show more
content...
It was focused on protecting people from those who abused governmental power. However, both forms of laws are mutually acceptable and used in
society.
Countries around the globe place varied levels of importance to Common Law and Civil Law. In Europe, England, Ireland and Wales follow the
Common Law as jurisdiction although it is more codified here than it is traditionally. Other countries that are Common Law jurisdictions include the
United States of America, Canada, Australia, India, Malaysia, Jamaica and South Africa. The Common Law here is based on rules created by judges
during prominent cases. Conversely, European countries such as Germany and France follow Civil Law jurisdiction, wherein the law as a code is
given much more importance than judge–made rules (Jon and Michael, 2006, Business Law).
The most striking difference between Common Law and Civil Law can be noted on how each draws decisions to serve justice. Common Law
operates on a more 'case to case' basis, approaching each case separately. The principles governing the law are generally arrived at after learning for
every individual case. A judge would rely on historical records of similar cases, analyzes current case fact and arrives at conclusions without
following any set dogmatic conceptual construct. On the other hand, Civil Law relies mainly on a set of codes and abstract rules against which the
particulars of a case are checked. It is on the

Roles and Functions of Law in Business and Society Introduction William O. Douglas said, "Common sense often makes good law." Well that is
what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws
serve several roles and functions in business and society, and this paper will discuss those roles and functions. What is law? According to
Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of
punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations
that aid in governing conduct,...show more content...
These three classifications of law affect both business and society, through not only the guidelines defining what is and is not a crime, but also
through protection for both. The examples above talked about a car hitting an individual. If it were taken one step further and the car belonged to a
business, there are laws in place safeguarding the culpability of the business from the incident since though it is a company car, the company itself
was not driving it. Instead the driver and only the driver would be the one at fault, and the victim would have only the driver to seek compensation or
prosecution against. Functions of Law Whether it is corporate, personal, or societal, laws are created to protect the interests of the masses. According
to the textbook, Business Law: The Ethical, Global, and E–commerce Environment, 13th Edition (Mallor, et al, 2007, p. 11), the most important
functions of law include the following: 1.Peacekeeping. 2.Checking government power and promoting personal freedom. 3.Facilitating planning and
the realization of reasonable expectations. 4.Promoting economic growth through free competition. 5.Promoting social justice. 6.Protecting the
environment. These functions of law protect the interests of individuals and businesses through a system of rules, enforced by governing bodies. These
systems of rules, as listed by

Business Law Questions and Answers
QUESTION 1. Issues of this case: Could the offer acceptence by e–mail be capable of creating contractual relationships? Was there a breach of
cotract? The matter of the case is regulated by Contract Law. Contractual nature A contract can be difened as "an agreement containing promises
made between two or more parties with the intention of creating certain legal rights and obligations and enfoufceable in a court of law". (Andy &
Douglas, 2013, p.307). Though every contract involves an agreement, not every agreement is legally forceable and will result in contract. It is
necessary to find out weather the agreement between parties was inteded to be regarded by the law as valid and enfoceable (a contract) or just an
agreement and not enforceable. Definition also says that angreement first of all is a promise or commitment that something will or not will happen in
the fututre. However, to be a contract a promise must have a cantractual nature and therefore a promosor must have legal liability. In the given case
David (offeree) accepts offer via e–mail which was not legally recorded or officially sealed unless Charlie (offeror) and David had agreed to
communicate electronically. Thus, may only be (hypothetically) a simple contract. A simle contract must contain 3 constituents: 1.There must be an
agreement between parties. In other words, there must be a offer and acceptance. Charlie offers to sell his car to David, so it can be an offer. David
decides to buy Charlie`s car and

The legal principle on company law established by the case "Salomon v Salomon & Co Ltd" is that a company upon incorporation is a body
corporate which is recognized by law to have a separate legal entity from its members and officers. The company and members are two separate
bodies. This is known as the veil of incorporation. Thus, the debts of the company cannot be recovered from its members. For example, the debts of
the company cannot be recovered from its member. Rather than the director or its member, a company is normally liable for any breach by itself. A
company is an artificial legal person that exists independently of the individuals who at any given time are the members of the corporate body. In the
case of Salomon V Salomon & Co Ltd, even though Salomon managed the business solely by himself, yet in law Salomon and the company is separate
body as the company has incorporated.
As a legal entity by itself, company can:
1.Enjoy perpetual existence and has its own legal personality.
2.Has its own legal personality.
3.Is separate from its members and officers and the change of its members and officers does not affect its legal personality.
4.Sue and be sued in its own name.
5.Deal with property itself.
6.Liable for its debts,...show more content...
According to section 16(6) of the Companies Act 1965, upon incorporation, the persons whose names appear in the company's register of members
from time to time shall be the members of the company and together they shall be a body corporate. Under section 16(5) of the Companies Act 1965,
the body corporate enjoys separate legal entity with an existence that does not depend on the identity of its members and members of the company
shall be liable to contribute to the assets of the company in the event of being wound up. However, the liability of the members will depend on whether
the company is a limited company or an unlimited

Business Law and Ethics Essay
Business Law and ethics
Subject:
The objective of this report is to highlight the importance and need of ethics, ethical leadership and organisation behaviour. The report is based on the
speech of Michael Hackworth.
Leadership in fairness and honesty makes good business sense.
Organisation behaviours, culture, values, management style and ethics, all of them make a combination on which company success and failure depends.
Every company in the world start by stating the mission, objectives, values, belief and structure. Every part of it influences each other. It is very
difficult to maintain balance between them.
Michael Hackworth express that top management some time ignore the ethics and ethical boundaries which...show more content...
Normally companies and businessman's need a good quality business plan with good business strategies in order to cope this starving market, also
with ethics in order to be flourishing in this fast growing world.
Are profits too high and exploiting the customer?
Now a day, every company is trying its level best to maximize its profit either by hook or crook. And in reality it is the main agenda and goal of every
company to maximize its profit. Otherwise, there is no mean of doing any business. But the thing is either company are making and maximizing their
profits by adding value to its customers. Whatever they invest into the particular product, are customer is getting the same value of their investments.
But if we look around our surroundings then those companies either it is industrialist, businessman and entrepreneur all are trying their level best to
maximize their profit and increase their wealth by exploiting their customers. However, consumer of the product normally looking for extra and most
excellent services in order to get better their own working effectiveness by minimizing costs, decreasing capital investment and predetermined
spending. Exploitation of consumer from vendors is look like a never ending difficulty. There are lots of ways to exploit a customer. Sometimes
wholesalers and retailers charge a higher price then mentioned price on the product. They give to their lesser quantity then

Corporate Law Essay
THE UNIVERSITY OF ADELAIDECOMMLAW 7011 CORPORATE LAW (M)
BUSINESS SCHOOL
Week 3, Semester 1, 2012
TUTORIAL QUESTIONS
WEEK 3 (Commencing Monday 12 March)
Acknowledgement: These Tutorial Questions were originally devised by Martin Markovic, Senior Lecturer,Business School, University of Adelaide.
Question 1
A, B and C are long time friends from University days. They share common interests especially with respect to making money. A is acomputer
programmer for a bank, B is a chartered accountant and C a corporate lawyer. While having drinks after work one evening in May, A indicated that he
had become disenchanted with the lack of challenge at his work. He...show more content...
In July, A, B and C entered into a joint venture agreement with D whereby:
(i)A, B and C were granted the sole distribution rights for the products in South Australia for a fee of 20% of the annual net profits of A, B and C's
business;
(ii)A, B and C agreed to comply with any marketing instructions issued by D;
(iii)A, B and C agreed to purchase all their computing products exclusively from D. This was most unusual as all their competitors purchased products
from a range of computing companies.
(iv)D had a right to inspect the business venture's books of accounts and a right to receive quarterly statements.

In December, at a computing trade exhibition, A is overcome by an exciting range of new products being offered by IBN Computers Ltd. He
immediately attempted to phone B and C on his mobile phone but was unsuccessful. A, being the impetuous person he was, couldn't wait and ordered
$250,000 of computing products from IBN.
Provide advice with respect to:
(i)the nature of the relationship between A, B and C;
(ii)the nature of the relationship between A, B and C and D;
(iii)The legal consequences of the $250,000 order with

SCHOOL OF MANAGEMENT
ACW 204
COMPANY LAW AND SECRETARIAL PRACTICES
YEAR 2010/2011
SEMESTER 1
Lecturer : Dr. Hazril Izwar Ibrahim
Name : Kok Cheng Hon
Matric No. : 105000
COMPANY LAW AND SECRETARIAL PRACTICES
– ACW 203/204
INDIVIDUAL ASSIGNMENT
Discuss the concept of separate legal entity and consequences of corporate personality on a company; as part of the discussion present your opinion
whether the judiciary can ignore the rule of separate corporate personality and how the said rule will affect group of companies. Under the concept of
separate legal entity, a company will becomes a body corporate that exists separately with its owner and distinct from its individual members and
directors. In others word, the corporation is...show more content...
Applying the theory of independent legal entity, it is held in the case of Lee v. Lee's Air Farming Ltd that the governing director of one company
can validly employ himself as the employee of the company. Lee started a company called "Lee's Air Farming Ltd". Lee held all the shares of the
company except one and he employed himself in this company. Next, Lee bought a insurance policies for the benefits of the employees included
himself. Lee was killed in a plane crush and his wife claimed the compensation for the personal injury caused to the workers by the reason of
employment accident. The claim was opposed by the company stated that Lee cannot be the governing director and the employee at the same time
so that he is not liable for the compensation. The court held that the position of lee as the governing director did not stop him to enter an
employment contract with the company. Therefore, Lee's wife is liable for the claim of compensation. However, the rule of separate corporate
personality can be open to abuse and can in certain situations lead to harsh injustice. Therefore, to solve this problem, the judge can lifting the veil of
incorporation where those who are responsible will be held personally liable for the acts of the company. For example, a director resigned from a
company and signed a contract to not compete with the company he just left for a period of time. If he set up a company to compete with the previous
company within the period of

The Business Law Short Essay
MLC101 Business Law Short Essay
Yu Peng
YUPC1501
Word Count:1107
Introduction
Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 ()will affect from 12 November 2016. it has changed some
sections to the Australian consumer law. Last version of this law only applicable to the individual consumer, Act 2015 extend the scope to the small
business that employs fewer than 20 persons. This thesis will discuss the following questions;
пЃµWhat is an unfair term under the new law and when will it apply?
пЃµWhat is the legal effect if a court decides a contract term is unfair?
пЃµExplain the doctrine of freedom of contract and how the unfair contract terms provisions conflict with the doctrine.
пЃµExplain the relationship between legislation and common law and which prevails.
At last will conclude the essay with each point.
Unfair term
The government amended the consumer law to cover the small business that employs no more than 20 persons. An Act to amend legislation to extend
unfair contract protections to small business contracts.From 12 November 2016, the Act 2015 will affected to the standard form small business
contracts. All kinds of unfair terms will be void in standard form of contract of small business.
The law now effect unfair terms in small business.
The new meaning of unfair term is:
пЃ¬The contract is made for a supplier of goods and services, or sale or grant the interest of land rights;
пЃ¬When signing the contract , at

Business Law Essay
Business owners and managers familiar with the court litigation system understand that high litigation costs and long delays make it difficult and
expensive to resolve business disputes in court. They also understand that most civil cases that go to court are settled before trial. They are solved after
spending considerable amount of time and money in the complex pre–trial phase, but just in time to avoid the risk of trial. Mediation and commercial
arbitration provide superior solutions that help in resolving business disputes. Mediation puts the parties immediately in control of the situation and
helps them get desirable outcomes without expending vast resources on litigation procedures (Berg, Permanent Court of Arbitration. International
...show more content...
With increased regularity, businesses have chosen alternativedispute resolution (ADR) procedures of mediation and arbitration instead of the traditional
litigation system for resolving legal disputes. Businesses have brought in qualified mediators in the dispute resolution process, to help them come up
with preferable resolutions instead of spending excessive resources on pre–trial court litigation processes. In case businesses anticipate disputes that
might not be resolved through mediation, they agree at the time of contract signing, to present future disputes to private arbitration.
The most widely accepted reason favoring commercial arbitration or alternative dispute resolution is the favorable cost of the arbitral process in
comparison to traditional litigation costs. The cost of arbitration, when managed efficiently, can be a fraction of the cost of litigation. In a study that
compared litigation and arbitration of employment disputes, empirical data indicated that arbitrations were significantly more efficient than litigation,
in terms of time management. Several judges have spoken out about the court crisis, including Kevin S. Burke, Chief Judge of the Minnesota's Fourth
Judicial District (Antonio Buti, 2001).
Modern business dealings involve increasing multifaceted interactions coupled with many technical

Company Law Exam with Answers
QUESTION 1 a. Define a promoter of a company. Explain and illustrate with decided cases his legal position in relation to a company. Though the
certificate of incorporation is conclusive for purposes of incorporation, using decided cases, outline circumstances under which it could be
withdrawn.(10marks) ANSWER Definition; A promoter is one who undertakes to form a company with reference to a given project and to set it going
and who takes the necessary step to accomplish that purpose – A promoter is not an agent of the company he promotes, as it does not exist yet. At
common law, he cannot be an agent of a non–existent principle. – A promoter is not a trustee of the company in formation as it does not exist yet. –
The English courts have...show more content...
When the charge chrysalises it fixes on the assets then owned by the company, catching any assets acquired up to that date, but missing any which have
already been disposed of. Explain the similarities and differences between shares and debentures. (7marks) i. Similarities – A debenture is usually one
of a series or class, which is similar to a class of shares. – Debentures, as well, as shares are long term investments in the company and re transferable
in the same manner. – Debentures and shares may be issued in the same way through a prospectus issue ii. Differences – A shareholder is a member
whereas a debenture holder is a creditor – A shareholder has an interest in the company but not in the company's property. A debenture holder has no
interest in the company but has an interest in the company's property, which constitutes his security.– A shareholder can attend a meeting of the
company and vote at the meeting whereas a debenture holder cannot – A shareholder cannot insure the company's property where as a debenture holder
can. – Interest on debenture must be paid even if the company doesn't not make a profit and can, therefore, be paid out of capital. Dividends on share
are payable only if profits are made and cannot be paid out of capital. – A company can purchase its own debentures but cannot, as a general rule,
purchase its own shares. – As a general rule, share cannot be issued at a discount, where as debentures may be issued at a discount.

company law Essay
QUESTION 1
Issue: the issue about company's constitution and whether the loan contract between ABC bank and Sambal Pty Ltd is invalid.
State the law:
Section 140 of the corporations act states that:
"A company's constitution (if any) and any replaceable rules that apple to the company have effect as a contract:
(a) Between the company and each member; and
(b) Between the company and each director and company secretary; and
(c) Between a member and each other member;
Apply the law:
According to section 140, a company's constitution is only an internal governance rule, it cannot be enforced by outsider and also cannot be used and
act between a company member and an outsider (Corporation Act, 2001).
In this case, Sambal Pty...show more content...
S1324(2) states that where a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the person is
required by this Act to do, the Court may, on the application of:
ASIC; or any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing; grant an injunction, on such
terms as the Court thinks appropriate, requiring the first mentioned person to do that act or thing.
(3) Application
The board of Rich Pty Ltd has committed oppressive conduct, specifically, unfairly restricting dividends.
In this case, the directors refuse to give reasons or explanations of failing to pay dividends. By paying no dividends to the shareholders, the directors
can possibly benefit their own interests such as paying them excessive remuneration out of the profits that should be paid as dividends that constitutes
oppression. Under s232 of the Corporations Act, remedies where there is oppression allows Susan to seek her rights by an order held by the court to
regulate the conduct of the affairs of the company in the future. For example, remove several directors and appoint new directors.
Furthermore, according to s1324, the court can grant an injunction to any person who has breached the Corporations Act. One of the directors' duties is

to act in the interest of the company. To

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case. A federal court's power to
hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. В§
1332(a). Diversity jurisdiction is one of the two main types of subject–matter jurisdiction in federal court. Definition from Nolo's Plain–English Law
Dictionary The power of the federal courts to decide civil disputes between citizens of different states, provided the amount the plaintiff seeks in
damages exceeds an amount set by Congress (currently $75,000). The so–called citizens may include companies incorporated or doing business in
different...show more content...
At some stages, some appeals courts may hear oral arguments from the attorneys or even a hearing with witnesses, but most of it is on paper. Each
appeals court can refuse the appeal, send it back for retrial for verdict or sentence only, or back to the lower appeals court for rehearing. But once it's
into appeal, the State can also appeal the appeals court rulings before anything else happens, and that makes it different from the trial where the State
can't appeal a not guilty verdict. 4. Explain the process that takes place in the pleadings portion of the trial. Pleading Stage * Filing a Complaint – In
civil proceedings the complaint is the official engagement of the plaintiff with the defense regarding the proposed "injustice" caused by the defense.
This is a formal document submitted by the plaintiff to the court having jurisdiction over the complaint. * Summons – Notification by the court in
which the complaint is filed as an action being brought against the defense. Service of the summons typically requires a response from the defense
within a 30–day period. No response from the defense can trigger a default judgment for the plaintiff. * Motions to Dismiss – These are the defense's
response or answers to the plaintiffs complaint. The responses are typically filed as motions and are intended to dismiss the claims expressed in the
complaint. * Motion for Judgment – Following the defendants response to

Unit 2 Business Law Essay
1) American Law Reporter is exclusive to Westlaw. 2) Westlaw uses a system called the Key Number System which breaks down hundreds of broad
legal topics into increasingly detailed information on tens of thousands of specific legal concepts. 3)KeyCite, a citation checking service, which allows
to determine whether cases or statutes are still good law. 4) Customizable tabbed interface that lets customers bring their most–used resources to the top.

Directors ' Duties And Company Law
Directors' Duties and Company Law
Introduction
A managing/ executive director is the chief day–to–day manager of the company's affairs who is directly involved in the management of the company.
A company on the other hand, is a voluntary association of person formed for doing some business and can be either public or private. Law
according to (Gates 2002) is the set of rules that guides our conduct in society, is enforceable through public agencies, and obeyed because of the
belief that they are right or rather for the desire of approval from others. Company Law is therefore, rules relating to the formation of companies and in
China, it is generally accepted for it has played an important role in restructuring State –owned enterprises and in improving the business environment.
(Gu, 2010). (Mangal 1995) purports that, Company Law has grown substantially in volume , coverage and complexity over the years and success
consolidations and amendments have sought to increase the protection of investors and persons who deal with companies. Breach of duty is therefore
breaking the Company Law. Simone's Breaches of Director's Duties and Defences
To whom does Simone owe duties?
Directors according to (Baxt et al 2005), owe a fiduciary duty to the company. They say fiduciary according to the High Court of Australia is the duty
to act honestly, in good faith, and to the best of the directors' ability in the interests of the company. In this context they note, the director must not allow

Essay on Business Law
Business Law 304 Case Study
case brief–––Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel
with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500
per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to
provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the
comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
Issue––– The main issue in this case could be...show more content...
if this is done, Wessel can not create a contract by accepting the revoked offer, Gregory. so as long as the contract do not express that how many time
or how long Gregory offer Wessel monologue, he still have right to revocation the offer. Anticipatory Repudiation
––when a party expressly declares that
performance will not be made when required. Gregory informed Wessel that he was unable to provide the monologue before Wessel appear on the
comedy hour. Gregory made in advance of the time for permanence of the contract obligation. but for Wessel, he was schedule to appear on the
comedy hour, even he received the inform form Gregory just shortly before the performance. so Wessel could sue gregory get the compensatory
damage. because if he receive the inform that he was unable to have 15 minute monologue performance, he could be made new schedule for himself,
such as go to local comedy club performance to earn the money. The debate point in this case is that whether Gregory express Wessel could not
performance in other comedy club using the some monologue. if not, Wessel have right to do whatever he want, there is not any condition here, and he
have right to get remedy for his lose.
Conclusion this case could be an tricky in the court, because in the contract they only

Business Law : Labor And Employment Law
Business 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 with Disabilities Act of 1990 (ADA). Each given situation will be reviewed and analyzed to determine if any violations of these acts
have occurred.
Family Medical Leave Act of 1993
In situation A, a two–year veteran of Company X utilized FMLA for 11 weeks of unpaid leave following the premature birth of twins. Upon his return
back to work he has requested his withheld salary during the 1l–week period he used FMLA leave. After reviewing the Family Medical Leave Act of
1993 there are three provisions that could determine whether or not any violations may have occurred. These provisions are that the employee must
have been employed by Company X for a minimum of 12 months, he must have worked at least 1,250 hours in his previous 12 months of
employment with Company X, and FMLA leave is unpaid unless the employee chooses to use accrued vacation and/or sick leave during the timeframe
that FMLA was used.
After reviewing situation A, it has been determined that the Family Medical Leave Act

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