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McGrathNicol releases Dick Smith report
JULY 14, 20162:39PM
Dick Smith in Northland closes for ... Show more content on Helpwriting.net ...
WHY DID DICK SMITH FAIL?
The consumer electronics market is highly competitive with rapid changes in consumer demand patterns.
DSG had a store network much larger than its competitors, and so a higher cost base, with considerable exposure to and reliance on the fast moving
office/computer products market.
DSG was losing market share by experiencing declining comparable sales. Revenue growth was based on store growth and commercial sales at low
margins.
DSG's expansion plan required considerable financial commitment, utilised all cash resources, required considerable supplier commitment and required
bank borrowings.
Inventory decisions made in this environment were not consistent with consumer demand, and DSG was ultimately left with a considerable level of
obsolete and inactive stock, requiring a major writedown.
Clearance sales did not generate sufficient sales or margin to alleviate the cash pressure.
Inability to obtain favourable credit terms impacted on stock levels, product mix and store presentation.
Cashflow pressures led to banking covenants being breached that could not be
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The Legal Powers Of The Company
Introduction
A company in itself is an entity. It can operate independently but only through individuals who serve as agents of the company. This individual, the
director, has been described by legal scholars as one of the most visible and important persons within the company because he/she serves as the face of
the company. With this much responsibility to the company in one person's hands, the legal powers available to directors have come to question. In
the first reported case of its kind, Lord Hardwicke held the directors in question guilty of "breach of trust", tagging them as trustees to the company.
Since then directors powers have been likened to that of a trustee. In Re City Equitable Fire Insurance Co. (1925), Romer J opined that addressing
directors as trustees is strictly incorrect, but rather they are agents of companies . Sealy (1967) agrees to this. He notes that the origin of this concept
of trust principles possesses no concrete evidence and is therefore irrelevant in modern law. As agents of the company, directors carry are subject to
fiduciary duties to the company, also the principal. Fiduciary duties are the highest standard of care. The director is therefore expected to carry out his
/her activities in the best interest of the company. Further, thecompanies Act 2006, an intricate combination of rule derived from judicial precedence
and statute developed over time has vested reformed duties, roles and powers in directors to meet the demands of the
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Lifting the Veil
Veil Lifting QUESTION The general reasoning of the Court in this area of Veil Lifting the Corporate veil has been confusing and, at times,
contradictory: Discuss The question requires an analysis of whether the parent company (A); will be liable for the claims against its subsidiary, (b):
in other words, whether the corporate veil can be lifted in this group structure. Both the parent company and its subsidiary are incorporate which
have been legally formed. A company once incorporated, is a separate, and distinct legal entirely from the people who set it up: The Veil of
incorporation is created by the principle of separate legal personality and that limited liability which are established in Salomon v Salomon & Co
Ltd (1897) A... Show more content on Helpwriting.net ...
Lipmann had entered had entered into a contact with Mr. Jones for the sale of land. Mr. Lipman then changed his mind and did not want to
complete the sale. He formed a company in order to avoid the transaction and conveyed the land to it instead. He then claimed he no longer owned
the land and could not comply with the contract. The judge found the company was but a façade and granted an order for specific performance.
But the of Appeal in Adam Court in held that each company was a separate legal entity from its shareholders and the presence of the US subsidiaries
did not automatically amount to the presence of the English parent company. (ii): view cape group as an Agency: Secondly, the Court may lift the
veil if a express agency relationship exist between a company and its shareholders, or between a parent and subsidiary company in a group structure.
Although a company is a separate legal entity instead an agent of its shareholders, it is possible that there is evidence of day to day control and that an
agency relationship can be established on particular facts. It is, however, difficult to prove an agency relationship without express agreement. Somme
guidance is provided in: Smith, Stone & Knight Ltd v Birmingham Corp [1939] In order to maximize the amount of compensation, the parent
company argued that the subsidiary carried on the business as its agent. It was held
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Case Analysis : Dubai Aluminum Co Ltd V Salaam
"The Company Act 2006 has significantly altered the position of outsiders as far as transactions with the company are concerned." A company is
liable for the wrongful acts of an agent or employee acting within the scope of his authority or in the course of his employment (Lister v Hersley
Hall Ltd [2001] 2 All ER 769; Dubai Aluminum Co ltd v Salaam [2003]), as the case with any principal or employer. Sometimes additional rules of
attribution are needed in the civil context where intention or knowledge ingredient of the cause of action or defense, for example if a company is
to be liable for "knowing receipt" (El Ajoy v Dollar Land Holdings Plc [1994] 1BCLC 464) or knowing being a path to fraudulent trading (Morris v
Bank of India). The essential point is that, subject to certain statutory exceptions, in English law it is not possible for a person to sue on, or to be
sued on, a contract, unless that person is a party to it. It is a rule which the contract lawyers call privity contract (Suttons v Midland Silicones
[1962]. Corporate liability in the contract: Any due formalities of execution have been observed CA 2006, ss 44 and 46. A company many enter
into a contract in writing under its seal (if it has one) or more commonly, a contract may be made on behalf of the company by a person (such as
director or manager) acting under its authority, express or implied (s.44) Issues of capacity are of ever–decreasing significance so the essential
contractual issues revolve
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Essay Labour Party Is the Party of Devolution
"The Labour Party is the party of devolution." Is this a reasonable statement to make?
Devolution is defined as "the transfer of power to a lower level, especially by central government to local or regional administrations"
(oxforddictionaries.com). It can also be defined as "the transfer of power from a superior sovereign to a subordinate parliament or assembly." (Tonge
2010). Within a devolved state, the sovereign power retains the technical power to suspend the devolved government. Since Labour came into power
in 1997 under Tony Blair, power has been devolved from Westminster to Scotland, Wales as well as Northern Ireland. Devolved government was
created in both Scotland and Wales after majority referenda in the respective countries;... Show more content on Helpwriting.net ...
Furthermore it is important to regard the Liberal Democrats as a party of devolution. Finally it will look at whether regional devolution has a future
within the UK or if the referenda on the North East Assembly was the final straw making the notion of "a party of devolution" redundant. Firstly, the
Labour party of the 1970s and 1980s. Prior to the 80s, the Labour party did not have a lot to say on devolution. It was only the rise of support for
nationalism and nationalist parties that prompted the Labour party to reconsider its stance on regional devolution. "The Labour party had traditionally
been seen as being in favour of centralised political authority, with Westminster the location for that authority" (Deacon and Sandry, 2007). This quote
from Deacon and Sandry's "Devolution in the United Kingdom" gives an overview of what the Labour parties "traditional" stance on the idea of
devolved power has been and this certainly suggests that the Labour party is a party of devolution. In recent times the Labour party has been on the
side of devolution apart from a clash of views which split the party in the 1979 devolution referendum. However before this referendum in the Labour
party's 1974 election manifesto, devolution did not get so much as a look in, suggesting that perhaps Labour were not the party of devolution.
Nevertheless two days prior to the general election being announced, a union block vote
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The Principles Of The Company Law, The Uk Cape Industries...
The Salomon principle dictates that if the company is established in accordance with the requirements of the Companies Act 2006, it starts to operate
as a separate legal entity. The corporate veil becomes the dividing line between this entity and its shareholders. However, it soon became obvious that
this concept can be easily abused, therefore Courts fought hard in order to establish exceptions to the Salomon principle in the form of lifting or
piercing the veil, allowing them to look behind the 'curtain' if they spot some irregularity. In order to justify these drastic measures, Courts would look
for something substantive, such as an agency relationship, fraud, avoidance of obligations, or group piercing grounds. In order to determine... Show
more content on Helpwriting.net ...
As described by Professor Gower, once the company is registered, the 'corporate veil' comes down between the existing company and the
shareholders, protecting them from any potential liability. Soon it became apparent that the companies could be easily abused and used for
improper purposes. As a response to these developments, Court would use the concepts of lifting and piercing of the veil in order to go behind
the veil and attach an appropriate liability to those who were behind it. Lifting of the veil was seen as the least drastic option, as the Court would
look behind to see if there is some impropriety, and put the veil down, still recognising the company as a separate legal entity. Whereas piercing
would involve tearing up the veil, completely disregarding company as a separate entity and looking at it as an agent for another. The process is
very ad hoc, and therefore based on the discretion of the Courts. In order to persuade the Court to look behind the corporate veil, the grounds must
be substantive. One of the established exceptions justified by the Court in order to lift the veil is when the evidence shows that the company is
being used as a device for avoidance of existing obligations. The good examples of this exception would be the cases of Guildford Motors v Home and
Jones v Lipman. In Jones v Lipman Russell J ordered specific performance
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Case Study Of Cyprus Shipping Company In Cypyrus
REGISTER A SHIPPING COMPANY IN CYPRUS
In the article "Registration of Ships in Cyprus" Michael Chambers presented the essential information about eligibility criteria and ship registration
procedures. Cypriot and European citizens may proceed with the necessary procedures and register their vessel on the Registrar of Ships. However,
non–European citizens who wish to register a ship under the Cyprus flag they are obliged to incorporate a Cyprus Shipping Company. The incorporated
Cyprus shipping company will acquire the ship in its name.
Michael Chambers provides some basic information concerning the formation and maintenance of a Cyprus shipping company. The experienced legal
team of Michael Chambers & Co. LLC is willing to provide you a ... Show more content on Helpwriting.net ...
The Registrar of Companies should approve the name. The approval usually takes two days but in urgent cases the procedure may be accelerated.
The registered address has to be in Cyprus. In many cases it is situated at the offices of the lawyers who have incorporated the company in Cyprus.
The registered address may be the address of Michael Chambers & Co. LLC premises. Note that the secretary keeps the registers and minute–books.
Share Capital
The share capital of the shipping company can be nominal or the actual amount to be deposited by the promoters for the implementation of the
venture. It can be submitted in full or by calls, in cash or the shares can be allocated per value. All classes of shares and with different voting and
dividend rights are acceptable. Note that all shares should be nominative and bearer shares are not acceptable.
Shareholders and Security of Beneficial Shareholders
The incorporation and maintenance of a Cyprus private company require one shareholder, regardless of nationality. Based on the provisions of the
Cyprus law all shareholders of the shipping company can be foreigners residing abroad. The transfer of shares from one foreigner to another is
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The Case Of Salomin V Salomon & Co Ltd.
Mr Lay is a separate legal entity under s.16 (2) Companies Act 2006. This is similar to the case of Salomon v Salomon & Co Ltd (1897) where Mr
Salomon was held to be a separate legal identity from the company. However, according to company law there are exceptions in which the court is
willing to lift the corporate veil. The court will lift the corporate veil where certain circumstances occur such as fraud, improper or wrongful acts.
Mr Lay gambled away all of the company's assets and reserves which is a wrongdoing under s.361 Insolvency Act 1986. He knew that there was no
reasonable prospect of avoiding insolvency as the company was bankrupt and failed to minimise the potential loss to the company's creditors.
Therefore, s.214 (2) IA 1986 applies in this case and the court may declare that Mr Lay is to be liable to contribute to the company's debts as this is
a wrongful trading under s.214 IA 1986. This is similar to the case of Brooks v Armstrong (2015) where the three principle conditions for wrongful
trading were outlined. Furthermore, he carried on business affairs with no intent to pay the company's debts and for fraudulent purposes. This is an
offence under s.993 CA 2006 and s.213 IA 1986. This is similar to the case of Contex Drouzhbu Ltd v Wisemen And Another Ca (2007) where the
representation was made fraudulently as the director knew the company was insolvent and unable to pay.
Although the company was bankrupt, he still insisted to others that the company was
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Conveyancing Fees For Research Paper
Keyword: Conveyancing fees for buying a house
Summary: Knowing the actual costs and the things that affect conveyancing fees for buying a house can help you in picking the right solicitor. So,
how much are Conveyancing Fees for Buying a House, or what exactly do conveyancing fees mean?
How much are Conveyancing Fees for Buying a House?
It is safer to hire a conveyancer when you want to buy a home. This person will handle all the legal processes and transactions for you. Buying or
selling a home is a major undertaking in today's life that is why your conveyancing solicitor or conveyancer ought to be smart and highly experienced.
If your prospective solicitor cannot tell you how much are conveyancing fees for buying a house drop him or her like ... Show more content on
Helpwriting.net ...
However, they could also be subject to the solicitor you hire. Read on to know how and why conveyancing solicitor fees vary.
How much are Solicitors Fees for Selling a House?
If you are selling your house, ask your conveyancing solicitor to provide you with a full and accurate figure on how you wish the exercise to go.
How much are solicitors fees for selling a house is not a yes and no question. It will depend on how you explain to your lawyer. Careful thoughts
professionalism and experience must also be incorporate in order to tackle it. So why is it important to know about the fees? The info will help you
when comparing quotes from different solicitors. So, what affects these fees? Check below:
Title Deeds
You want to sell your home and title deeds are the most trusted documents to validate your ownership. Besides that, other documents like the plan and
so forth are very essential to have a copy. All these are most likely at the Land Registry. Therefore, either you or your conveyancing solicitor can get
them from there at a fee. A set of the relevant documents will cost around ВЈ6 but an additional ВЈ3 is charged for each document not included in the
basics set. However, expect to pay ВЈ25 when you want to obtain a copy of title deed for leasehold
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How Did Israel's Food Rations Contribute To The Creation...
THE DIVISION OF ISRAEL
Under the reign of Solomon, Israel reached great economic and political heights along with its security and prosperity. Solomon was renowned for his
wisdom, wealth and building projects, but with these projects came heavy taxes and harsh labour on his people. After his death, the kingdom was
divided into two separate kingdoms, north and south. The biblical record accounts for the division as a consequence for him staying from God, but his
tax and labour laws and new administrative districts also lead to friction within his people. The immature leader that followed him amplified this
friction.
One of the contributing factors to the division was the heavy tax imposed on the people. This came in the form of food rations for both the Kings
court. The writer of kings records the massive daily provisions of the king's palace, which included milled flour and livestock. The 12 new
administrative provided these rations monthly. This caused major angst within the country as Judah was excluded from providing rations. Along with
providing rations for Solomon, the people had to supply wheat and olive oil for the King Hiram of Tyre, who provided timber for the Temple of the
Lord. These heavy taxes cause an extensive burden of the realm and caused major fractures on the kingdom. ... Show more content on Helpwriting.net ...
This caused discontent amongst the Israelites and contributed to the division of the kingdom. These districts ignored the traditional boundaries created
by Moses. The new districts "all Israel" didn't include Judah, which showed how "Judah and Israel were regarded as two separate entities by the royal
administration" (Ahroni). This meant Judah was excluded from the mandatory tax asll citizens had to pay for being part of "all Israel". These new
districts and the administration added tension to an already fractured
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The Corporate Veil : Saloman And Beyond
1.Chapter One: The Corporate Veil– Saloman and Beyond
1.1 What is Limited Liability?
In any business, there is a fundamental risk of loss or failure. Such failings are induced by a variety of reasons where an individual may not be at
fault. As such, likely business men would be reluctant to launch new business ventures due to uncertain success or unpredictable markets. In such a
scenario there lays the possibility of losing one 's personal property to repay any debts that a failed business venture may incur. Addressing this
problem, the basic principle of limited liability formed, to promote the expansion of the economy.
Humans are generally legal persons, they are bound by the legal system in which they find themselves. A ... Show more content on Helpwriting.net ...
Respectively, a member within the company may only lose an amount up to value of his/her investment. Accordingly, creditors who bear claims against
the company may only look to the corporate assets, for the satisfaction of their claims, and generally cannot proceed against the personal assets of its
members. As such the investors risk is capped, whilst their possible gain remains unlimited. Such is the fundamental principle of limited liability.
The concept of separate legal personality exists alongside the doctrine of limited liability. In Foss v Harbottel the courts first confirmed that a company
itself would be the plaintiff in legal proceedings, later reinforced by the Saloman case the first time that the court affirmed the separate legal existence
of the company.
It is therefore clear that limited liability is an essential part of a sound economy. However, that is not to say that the doctrine of limited liability is
perfect.
1.2 What Exactly is 'Veil Piercing?'
This doctrine was created in order to prevent injustice, serving as an exception to the rule of limited liability. Our courts can and will under limited
circumstances ignore the doctrine of limited liability, so that the members of the company may be held liable for the actions of the company, aptly this
is called 'piercing' of the corporate veil. This does not mean that the company ceases to be a legal person; in essence it
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Law in Malaysia
Table of content 1.0 Introduction...................................................................................1 2.1 Legal effect of Memorandum and Article of
Association.................1 – 2 2.0 Memorandum of Association...........................................................2 – 3 3.2 Doctrine of Ultra
Vires..........................................................3 – 4 3.0 Article of Association...................................................................4– 5 4.0 Australian Corporation Law
1961......................................................5 – 6 5.0 Conclusion.....................................................................................6 6.0
Bibliography...................................................................................7
1.0 INTRODUCTION
By section 33 (1) of the Companies Act 1965, the Memorandum of Association and Articles of Association of acompany shall, when registered, bind
the company and the members of the same extend as if they respectively had been signed ... Show more content on Helpwriting.net ...
Under section 21 (1) of Company Act, the company is allowed to alter the memorandum but the changes to the memorandum of association may have
significant impact on the existence of the company, therefore, the company cannot simple alter the memorandum. If the company want to change the
company's name, alternation of the object clauses and so on. A special resolution must be passed. The special resolution that is passed by 75 percent
majority and not less than 21 days' notice specifying the intention to propose the resolution as a special resolution has been duly given. This is sent to
the Registrar of Companies within 14 days of it being made. 3.2 Doctrine of Ultra Vires
Object clause was viewed in the vital part of the Memorandum. In general rule, the contracts cannot be signed by company directors that are not inside
the type of business identified in Memorandum of Association. That is, company directors cannot enter into any business contract outside its powers
are void and would not bind the company and shareholders because this is to protect the shareholders. If the company engages the business outside the
scope of Memorandum of Association, the contract is valid. This is a simple formulation of the ultra vires doctrine under section 20 (1). Conversely,
the contract is valid as it is 'intra–vires', if the contract is inside the scope of the Memorandum of Association.
In case Ashbury Railway Carriage & Iron
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Charlie Elphicke Father
Charlie Elphicke was born on March 14, 1971 in Huntingdon, England. Charlie is currently married to his wife Natalie Ross, and they have a total
of two children. Before getting into politics and getting elected into Parliament, Charlie graduated from the University of Nottingham. Charlie was a
partner for the law firm Hunton & Williams, and also was working in the pharmaceutical research business before he pursued politics. Charlie began
his career in politics in 1994, when he was elected to the London Borough Council of Lambeth. As a Conservative, he represented Gipsy Hill, in
which he defeated Labour leader Stephen Whaley for this position. After four years of serving, he stood down and quickly became the chairman of the
Dulwich & West Norwood... Show more content on Helpwriting.net ...
"I have long been fighting for a change in the law when it comes to family policy, so that children have the right to know and have a relationship with
both parents" (elphicke.com). On February 25, 2013 Mr. Elphicke introduced a bill to Parliament which would help support Charlie's goal to put the
children first. Mr. Elphicke told Parliament that around 3 million kids in the United Kingdom are living with separated parents and around 1 million
children do not have contact with either of their parents. The push for this bill by Charlie Elphicke was finally recognized by Parliament on March
13, 2014 when the Children and Families Act was passed by both Houses. Another issue that Charlie Elphicke is trying to get ahold of is the tax
avoidance of big multi–national businesses. "I spoke up for the need to reform our tax law fundamentally. To make sure that tax on profits from
business carried out in the UK is paid" (www.elphicke.com). Mr. Elphicke says that the problem is not the British businesses, but the companies who
are world wide and do not pay the proper corporation tax that they should pay. April 16, 2012 was the first day that the Finance Bill was debated in
Parliament and this is the bill that sets the taxes and the tax law. Charlie set forth a couple of ideas in this Bill about anti–avoidance measures. "The
first principle is that business tax rates should be low, simple and attractive. Britain should be open for business, but open for business on a level
playing field for national and international companies" (www.elphicke.com). After years of continuing to debate and pushing forward the idea, under the
Labour party income tax receipts went up, while the corporation tax stayed the same. To this day, Charlie Elphicke is continuing to call out many
corporations for the continuation of tax avoidance he
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Similarities Between Oceania And North Korea
The Democratic People's Republic of Korea^ One of the more secretive countries in the world is North Korea, in a lot of ways, Kim's regime is
similar to that of Big Brother's. Outlawed actions or crimes against the regime lead to either death or forced labour camps. People are constantly
surveyed by the regime and punished if they step out of line. Another similarity is that both countries are short on supplies, while Oceania is short on
things like boots and razor blades, the North Koreans are having shortage of food, starving many. Lies, stories and manipulation both play big parts in
these two countries. Oceania 'edit' the past by changing news articles, deleting all contradictory information and punishing those who speak out against
it.... Show more content on Helpwriting.net ...
The two, however are quite similar. In Russia, there are extremely harsh punishments for disobeying the law, there are forced labour camps in Siberia
for their criminals and North Korean criminals. Political opponents are eliminated immediately, either locked up in jail, sent to a forced labour camp or
executed, which is why Putin has served for eighteen years. Like Oceania, Russia is also the biggest country in the world, although most of it is
uninhabited. Surveillance, though, is somewhat relaxed, with one CCTV camera having to monitoring every seven hundred and twenty one people.
Although they have a declining economy, Russia are increasing their military expenditure, working with China (PRC) to become a military
powerhouse again. This is like the Oceanian glorification of
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Executive Summary : The United Kingdom
Executive Summary The United Kingdom (UK) is one of the largest economies in Europe ranked at position 13 of the freest economies globally in
2015. The country recorded a GDP of 2.67817 trillion dollars in 2014 with an average annual GDP growth rate of 2.8% in the last five years. The
World Bank ranked UK in 10th position as the best place to do business in 2014 based on its high regulations, robust business policies, highly skilled
workforce, investors' protection, developed infrastructure, and political stability. Since it is a member of the European Union (EU), the country presents
an opportunity for the company to access more than 500 million consumers in the European market. This study recommends the establishment of a
wholly owned subsidiary in the United Kingdom to improve profitability and productivity.
Macro Environment The economic reforms initiated by Prime Minister Margret Thatcher since 1980's has made the United Kingdom record steady
economic growth in the 1990s. However, successive Labour governments increased government spending significantly. Since 2010, the government
upheld austerity as the principal of its economic policy. In 2014, the country recorded its strongest economic growth since 2007 of 2.387 trillion dollars
with GDP per capita at 39,350.64 dollars. The GDP increased significantly because of the enhanced performance of the construction, manufacturing, and
services sectors. Retail sales also increased with unemployment relatively at lowest
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A Comparison Of Disability In The United States And Brazil
Disability is presented all around the world and at all times. The way that a population perceives disability influences the condition of living for
people with disability. We are living, but it is essential that everyone understand disability as a social model that we have discussed in class. Cultural
differences have an immense effect on how people within societies view people living with disability. The definition of disability differs from a country
to another, which makes data very hard to be collected. Persons with disability have a stigma attached on them that vary cross culturally and affect
their level of acceptance into the community. For the final paper I have decided to compare disability and employment in two countries: United
Kingdom and Brazil.
For background, Brazil is the largest country in both: South America and Latin American region. It is the world's fifth–largest country (geographical
and population). The United Kingdom of Great Britain and Northern Ireland, or simply United Kingdom is a sovereign state in Europe. The United
Kingdom is the 22nd–most populous country in the world. United Kingdom has a population of 64,1 million, and according to the last census ... Show
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People with disabilities suffer discrimination such as the refuse of companies to hire those peoples. An estimated 386 million of the world's
working–age persons have some kind of disability, according to ILO. In a recent research, they found that two–third of the unemployed and disable
persons said that they would like to work but they could not find jobs.
There are many challenges and obstacles to the full implementation social protection in Brazil include the need to reduce limitation in the provision of
proper care to each specific type of
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The Issue Of Limited Liability
In light of the decision in Prest, this essay will argue that this principle has been taken too far, and it has become too easy for parent companies to
escape the obligations of its subsidiaries. It will begin with a discussion of limited liability and examine the when the veil may be pierced after Prest.
Next, it will discuss the current arguments calling for reform.
The concept of limited liability was conceptualized to promote enterprise through limitation of risk. In many ways, the argument remains applicable
today. As a detailed exposition is beyond the scope of this essay, this essay will examine the two major lines of debate. Firstly, the argument that limited
liability encourages enterprise is normally linked with "passive investors" who have no other interest in the company other than that their money is
invested within. However, on the opposite spectrum, the power to purchase shares was also given to companies having a separate legal personality. In
corporate group scenarios, this essay will support the arguments of Blumberg and Wright that theparent company is not a "passive investor", but rather
an active force behind the subsidiary. Thus, there is a clear danger, as evidenced in cases such as Adams, that limited liability can encourage risk that
is excessive, as 'owners engage in excessively risky activities [being] protected from liability.'
This is demonstrated through the observation that directors in privately managed companies stand behind the veil
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Chapter 4: Finding and Recommandation of the Research Essay
THE FINDING OF RESEARCH
4.1.1ABSENCE OF STATUTORY DEFINITION
The literatures that have been gathered and observed by researchers, scholars from all over the world has succeeded in pointing out that fixed–term
contracts employment is a new phenomenon in the labour society.
One of the recognised distinctions between Malaysia and United Kingdom concerning the fixed–term worker is the absence of statutory definition. It is
noticeable that the definition of fixed–term employment in Malaysia is ambiguous. The Employment Act 1955 does not provide any definition on
fixed–term employment. The only reference that reflects fixed–term employment is section 11 of the Act, where it state impliedly that "a contract of
service for a specified period of ... Show more content on Helpwriting.net ...
4.1.2LACK OF LEGAL PROTECTION 4.1.2.1 SECURITY OF TENURE
One of the dilemma that is suffered by the fixed–term workers in Malaysia is the lack of security of tenure. This is due to the nature of fixed–term
employment which will be terminated upon expiry of a term or upon completion of a specific task. The employers often take advantage over this matter
through the use of successive renewal of employment contract without the intention to make the worker as permanent worker. This situation is mainly
contributed by the absence of legislation to impose limitation of number of successive renewal allow for a worker to be considered as permanent worker.
In comparison, the fixed–term workers in United Kingdom enjoy a better position than their counterparts in Malaysia. This is the result of the
limitation imposed on the use of successive fixed term contract by the 2002 Regulation. The regulation limits the use of successive fixed–term contracts
to four years and the employees who believe that their fixed–term contract should be deemed permanent under the regulations have a right to make
complaint. In other words, this Regulation establishes a right for any employee on fixed–term contracts who have served for 4 years or more to
automatically become a permanent employee. Therefore, they have security of tenure as compared to Malaysian fixed term worker.
4.1.2.2DEPRIVATION OF STATUTORY RIGHTS
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Case Study: Sale Of Castel Showroom To Mcgarrity
The followings are the explanation and findings to your request.
Sale of Castel showroom to McGarrity
Ordinarily the sale of the showroom is within the authority of Castel directors provides by its Model Article 3 (MA). However, the sale of the
showroom has been identified to be a substantial property transaction (SPT) therefore an ordinary shareholders resolution will be required to sell the
showroom to McGarrity. Castel board will also resolve to call for a general meeting or to circulate a written resolution for shareholders approval of the
showroom sale to McGarrity. The shareholders resolution has becomes necessary as Castle is selling a substantial non–cash asset to McGarrity which
is connected with Ron Humphreys a director of Castle, the shareholder's must pass an ordinary resolution under s190 (1)(b) of the Companies Act 2006
(CA 06) to approve the sale transaction.
Castle showroom is a non–cash asset within the meaning of CA 2006 s1163(1).
It is substantial as ... Show more content on Helpwriting.net ...
He is required, under section 177 of Company Act 2006 (CA 2006) to declare the nature and extent of his interest to the other directors, unless
other directors are aware of his interest in which case he does not need to declare it. However, it is good to do so as a matter of good practice. By
virtue of Castel (MA14), Ron Humphreys cannot vote nor form part of the quorum at the board meeting on this particular matter. Therefore, if Lucy
Mottram votes against this resolution it will not obtain the simple majority required to pass the resolution (MA 7(1)) and the board may not resolve
to circulate the proposed sale to the members. Moreover, Ellen Humphreys is not a director therefore she may not influence the vote at this stage. We
assume that Ron Humphreys declared his interest to the directors as provides by s177 (2)(a) CA 2006 and that Lucy Mottram decided to vote in
favour of the
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United States Government Vs. United Kingdom Government
United States Government vs. United Kingdom Government
People often vision the royal family, when thinking about the United Kingdom and think about how the King holds the power as the Head of State.
United States government seems completely due the President being in charge instead of a King, no one stops to think about the similarities the both
governments share. The United States and United Kingdom Government share similar aspects of their structure of government, power the heads of
government and contain the same political parties.
Representative Democracy, known as the established form of government in the United State in which citizens can elect representatives through voting.
The Representative's duties include to develop and create laws for the citizens to obey. The government's power divides into the following branches
Judicial branch, Executive branch and Legislative. The Judicial branch holds the power to argue "the meaning of laws and how they are applied" (The
White House). To prove, the branch completes the process known as the judicial review to determine if the laws violate the constitution. The President
holds the power in the Executive branch to carry out and enforce laws. The Legislative branch possesses the power to create laws. Unlike, the United
States government the established form of government in the United Kingdom is a Constitutional Monarchy, in which the Monarch "shares power with
a constitutionally organized government" (The Editors of
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Company Law Section 14 of the Companies Act 1985
The Joint Stock Companies Act 1844, which enabled companies to be formed by "deed of settlement" and the Limited Liability Act 1855, established a
general incorporation procedure which offered limited liability to shareholders and gave recognition to the company as a separate legal persona. By the
Joint Stock Companies Act 1856, the deed was replaced with today's style of constitution, namely the registration of the Memorandum of Association
and the Articles of Association. The contents of these are now regulated under the Companies Act 1985, and form the "constitution" of thecompany. It
is from the original 1844 Act that the wording was adopted for s.14 of the Companies Act 1985 which makes reference to the contractual nature of the
... Show more content on Helpwriting.net ...
In the House of Lords it was held that the plaintiff could not rely on the said article, when the company terminated his employment, as he was suing in
his capacity of a solicitor, i.e. enforcing an 'outsider' right, which did not affect the constitutional rights of the shareholders even though he was also a
shareholder.
The second principle was established in the case of Foss v Harbuttle . The 'rule' being stated by Griffin in the following way:
"An individual shareholder has no absolute right to seek redress for a wrong purportedly committed against the company in which he is a member. The
company in such an instance is the proper plaintiff to instigate such an action. Whether the company proceeds with the action will depend upon the will
of the general meeting and its board of directors. Only in exceptional circumstances will the court interfere with a decision taken by the company to
sanction the alleged wrongful act."
There are two parts to this doctrine; firstly that the courts will not interfere in the internal management of the company. The grounds for this lie in the
principle that the majority shareholders should be able to decide whether a
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Police And Crime Commissioners ( Pcc ) Have On Police...
The focal point of this literature is the influence the Police and Crime Commissioners (PCC) have on police accountability and governance. The
managerialism of policing in England and Wales is examined through the introduction of the PCC, and their responsibilities and powers for developing
future strategies are assessed. The potential influence of the PCC on the role of the chief constable and their relationship is considered. This article will
also reflect on the opportunities and challenges provided by the PCC and particularly the prospects of enhanced public accountability of policing as a
result.
Police and Crime commissioners are selected to make sure local police are meeting the needs of the community. Their overriding principles ... Show
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The government became concerned about how effective police governance strategies were and started a process of consultation of police reform
(Home Office, 2003). Following the deliberation under of 1962 Royal Commission on the police, accountability was distributed between the Home
Office, local police authority, and chief constable. The 1996 Police Act, Police Reform Act 2002 and the Police and Magistrates' Courts Act 1994
imposed the tripartite systems' groundwork, however it was not always uncontentious (Mawby and Wright, 2005 pp. 4). Some argue that policing has
become over centralised and distorted due to under governance, heavy with bureaucracy which prevents police from policing efficiently. The PCC
want to implement greater local discretion and independence from central departments. From the election of the PCCs, more influential powers will
radiate from the public, they expect that electoral success will be reflected in the local police activity; resulting in pressure being placed on the police
from the PCC to implement the programmes and priorities that brought the PCC to election success (Loveday, 2013 pp. 23). Also, the media and local
pressure groups may exert pressure on them to keep election promises.
An advantage
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Increase of Unemployment in the United Kingdom
A political issue that the United Kingdom is currently facing is the increase of unemployment which is positively helping the economy, as a result.
The number of citizens not working in the UK decreased by 63,000 to 2.33 million in only three months to January 2014, according to official figures.
(BBC) This is clearly a significant current event in UK at the moment because 7.2% of their population is without a job. The unemployment rate in
Scotland fell to 6.9%, in Wales it was 6.7% while in Northern Ireland it was 7.5%. (BBC) Interestingly, I found that the Prime Minister David Cameron
tweeted: "Another significant fall in unemployment is a sign our long–term economic plan is working, providing security and chances for
hard–working people."(BBC) In other words, the rising rate of unemployment is not necessarily a clear indicator of a shattered economy. A large
portion of the "unemployed" are self–employed businessmen or entrepreneurs working on their own ventures and have found new ways of producing a
steady income within the British economy. Ultimately, the economic history and politics of this nation have been originated by Parliament and are the
primary cause for the rapid growth in the business market right now.
The United Kingdom was founded in 1707. This is a region which is united from three nations. These nations are England, Wales, and Scotland. By the
nineteenth century, there was speedy economic change that heightened and secured
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The Case Of Salron V. Salomon & Co Ltd.
PART A
The issue is whether Mr Kenneth Lay is liable to contribute to the company's debts or not.
Mr Lay is a separate legal entity under s.16 (2) Companies Act 2006. This is similar to the case of Salomon v Salomon & Co Ltd (1897) where Mr
Salomon was held to be a separate legal identity from the company. However, according to company law there are exceptions in which the court is
willing to lift the corporate veil. The court will lift the corporate veil where certain circumstances occur such as fraud, improper or wrongful acts.
Mr Lay gambled away all of the company's assets and reserves which is a wrongdoing under s.361 Insolvency Act 1986. He knew that there was no
reasonable prospect of avoiding insolvency as the company was bankrupt and failed to minimise the potential loss to the company's creditors.
Therefore, s.214 (2) IA 1986 applies in this case and the court may declare that Mr Lay is to be liable to contribute to the company's debts as this is
a wrongful trading under s.214 IA 1986. This is similar to the case of Brooks v Armstrong (2015) where the three principle conditions for wrongful
trading were outlined. Furthermore, he carried on business affairs with no intent to pay the company's debts and for fraudulent purposes. This is an
offence under s.993 CA 2006 and s.213 IA 1986. This is similar to the case of Contex Drouzhbu Ltd v Wisemen And Another Ca (2007) where the
representation was made fraudulently as the director knew the company was insolvent and
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Legal Personality Of Salomon V. Samlomon And Co Ltd.
Once a company is formed and incorporated it has perpetual existence meaning it has its own legal personality. It can enter in to contracts, have its
own obligations, it can purchase or rent property, it can employ people, etc. All these are the responsibility of the company, not the directors or
others involved in the company, however the director have responsibilities to act in the best interest in the company and its shareholders. If some
or all the shareholders of the company die it has no effect on the company. A company's life is ended by winding up/liqudation. Alternatively a
company which fails to file return annually may be removed by not filing annual returns. 'Salomon V Samlomon & Co Ltd' The 'Salomon V
Salomon& Co Ltd' was a very important case in company law because it established that every company has a separate legal personality which can
also be referred to as the 'veil of incorporation. Mr. Salomon was a leather merchant who for several years operated as a sole trader, during this time
he was moderately successful. He decided he was going to incorporate his organisation as a limited company under the name Salomon& Co Ltd. At the
time to do this it was a requirement that the company have at least seven members as... Show more content on Helpwriting.net ...
All employees were entitled to compensation for any injuries that occurred while in service. Lee suffered a fatal injury and therefore his family
should have been entitled to compensation. However the directors of the company argued that he cannot be a director and an employee as it is a
conflict of interest. The court held that as the company was a separate entity that it could hire lee as an employee and his family was entitled to full
compensation and it was irrelevant that he was also a
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World Intellectual Property Organization ( Wipo ) Copyright
Presentation
Copyright is a standout amongst the most vital piece of Intellectual Property Laws. World Intellectual Property Organization (WIPO) characterizes
copyright as
"Copyright (or creator 's privilege) is a lawful term used to depict the rights that makers have over their scholarly and imaginative works. Works
secured by copyright range from books, music, compositions, model, and movies, to PC programs, databases, notices, maps, and specialized drawings."
Copyrights give the assurance to the creator as for different things. These things will differ from nation to nation and are the subject to the statute of the
spot or tradition that must be adhered to. The conditions identifying with the rights, their term, legitimacy and so on . relies on upon the statute and law
of the nation.
Creators and maker have been making their manifestations for a very long time and some surely understood creators and makers have additionally
possessed the capacity to enroll their name in the great arrangements of the history for their benevolent acts. For instance, The principal individual we
consider when we hear the word Ramcharitmanas is Tulsidas or when we listen to the celebrated doha
"Master gobind dou khade, kaake tidal pond paay. Balihari master aapne gobind diyo batay"
We realize that the individual who composed the above lines is Kabir. All the name, popularity and acknowledgment that these acclaimed identities
have procured over the time in history is the aftereffect
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The Political System And The United Kingdom Essay
The political systems in the United States of America, and the United Kingdom are fairly different due to several policies. The most predominant
difference that could be deducted from their policies is the difference in selecting their government. The United States base their elections off of
what is known as the Electoral College. The Electoral College is a process that was created by the founding fathers, written in the Constitution.
Not only is it a compromise made between the election of the President by a vote in Congress, but also the election of the President due to popular
vote of eligible citizens. In total, there are 538 electors that make up the Electoral College. However, for the President to be elected there is a
required majority of 270 electoral votes that need to be won. If you obtain the most votes within a state, then you will win the seats of that state that
help the potential President to get 270 electoral votes. The way in which the number of seats in each state is decided is through Congressional
delegation; there is one for each member of the House of Representatives, and two others for the Senators. The Electoral College is particularly
interesting due to the reason that even if you win the popular vote, you may not necessarily be elected as President. The most recent example of this is
the 2016 presidential election between democratic candidate Hillary Clinton, and republican Donald Trump. Clinton did in fact receive more votes than
Trump; however,
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Notes On The European Union Essay
INDEX:
S.NOPARTICULARSPAGE NO 1INTRODUCTION
2IMPACT OF BREXIT ON BRITAIN'S
Economy
aimmigrationb Trade and manufacturing industryc Financial servies d Foreign investmente Consumption and property market
3One month now, what do we know and don't
4Impact on Indian market
5Global impact
6What can be the future impacts
INTRODUCTION:
What is European union?
The European union (EU) is an economic and political partnership involving partnership of 28 European countries (Austria , belguim ,Bulgaria ,
Croatia ,Cyprus , Czech republic ,Denmark ,Estonia ,finland ,france ,germany ,Greece ,hungary ,Ireland ,Italy,Latvia ,Lithuania ,Luxembourg ,malta
,Netherlands ,Poland ,Portugal ,Romania ,Slovakia ,slovennia ,spain ,Sweden ,united kingdom) which began after world war 2. The main idea of the
union was that countries which trade together are most likely avoid going to war with each other.
It has grown to become a ''single market'' allowing goods and people to move around considering the member states is a single country. It also has its
own currency which is used by 19 countries and certain set of rules which are followed by all the members.
What was brexit?
A referendum was held on Thursday, June 23, 2016 to decide whether Britain should exit (Britain 's exit, hence the term Brexit) or remain in the
European Union. Referendum are votes in which everyone (or nearly everyone) of voting age can take part, normally giving a 'Yes ' or
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Tesco Case Study
Tesco
Tesco first started in 1919 by jack Cohen, the funder. He started selling grocery in stall in east London, he raise ВЈ1 as profit from a sale of ВЈ4 the
first day. Today Tesco is one of the biggest UKs plc with more than 89000 employees globally and it is still growing.
Tesco is an international company they supply their products in more than 14 countries includes china, japan, Malaysia, Thailand, Mexico and many
more. They have more than 2500 stores in all around the world.
Tesco is a public limited company, it is national and it based in every local borough of London. Tesco come from the tertiary sector because it does
not make products by themselves but it mostly provides a valuable service that consumers and other business are willing to pay for or use. Tesco
sells different types of products. Other businesses who have their own product can buy shares inside the shop floor and sell their products in order to
makes their own profit. For e.g. the Tesco supermarket have specific section for cultural products/foods that people usually have to travel or import
from different places to find and buy them. Tesco made it easier as they sold shares to business that provide cultural/food products for the benefit of
the customers and it will make it easier for them to find their own goods in public limited companies.
The main purpose of Tesco is making profit and increasing their business globally. Their 2nd purpose is to help people to save money by selling their
product
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The Primacy Of Salomon V Salomon 's ' The Corporate Veil '
In this light the Supreme Court, in order to arrive at a fair outcome for the wife, managed to set aside the companies separate legal personality
without actually 'lifting' the corporate veil. As a result of this ruling, it is lucid that the primacy of Salomon v Salomon has been affirmed.
Nonetheless, the case itself is significant as it also recognized for the first time that piercing the corporate veil is possible; albeit in limited
circumstances. As such, rather then being referred to as an archetype of the courts reluctance towards corporate disregard, the case suggests the
antitheses. Evidence of this can be found in Lord Sumption's declaration that " a recognition of a limited power to pierce the corporate veil, in
carefully defined circumstances, is necessary if the law is not to be disarmed in the face of abuse". In addition, Lord Sumption's attempt in Prest to
formulate a principled method to veil piercing, which in itself will be discussed in greater detail later in this essay, has provided a renewed
beginning to an already complex area of company law (tan chang article). In essence, while it is true that the threshold in which the corporate veil
may be pierced has been raised, a detailed analysis of the case illustrates that the abuse of corporate personality will not go unpunished (tera firm
/mcardle). Having considered the ratio of Prest, when assessing the law in relation to corporate disregard as a whole it becomes evident that corporate
personality has
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Why Bob Can Be Removed As A Director
1.0 Introduction:
To begin in advising Ann, it is important to distinguish between the different options she may have as a company director and as a shareholder in
Clippers Ltd. It is also important to remember that Bob is also a director and a shareholder. Therefore, there are two discreet issues here: would Ann
be able to remove Bob as a Director (this option will not remove Bob as a shareholder). Alternatively, Ann may wish to petition for a winding up of
the company, Clippers Ltd as the basis to firmly end Bob's involvement in Clippers. However, this option is likely to raise considerable debt issues in
relation to the rights Mo will have for the return of her investment and the money owed to Dry Ltd.
2.0 Removal of Bob from ... Show more content on Helpwriting.net ...
If Ann wishes to use this CA 2006 procedure, she must ensure that all of the formalities are complied with, including the need for notice to be given
to all shareholders, including Bob, so that he has a right to protest his removal as director at a meeting. However, the success of this depends on
whether Mo will have voting right in respect of this motion which is contingent upon her dividends being in arrears. On the basis of the facts the
cumulative profits of the business would be at ВЈ70,000 which would entitle Mo to around ВЈ3,500 of dividends. As the facts suggest that Mo has only
received ВЈ2,500 dividends, it seems likely Mo will be able to vote on this resolution on the basis of the articles of association.
If Ann is fully determined to remove Bob from Clippers Ltd, then the only option may be to wind up the company which would bring Clippers Ltd to
an end and allow Ann the freedom to commence a new company.
If Ann decides she firmly wants to end Bob's involvement by winding up the company, she may be able to petition the court for a 'just and equitable'
winding up of the company. Under section 122(1)(g) of the Insolvency Act 1986 (IA) a "company may be wound up by the court if the court is of the
opinion that it is just and equitable that the company should be wound up". In Ebrahimi v Westbourne Galleries Ltd House of Lords confirmed this
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Strengths And Weaknesses Of Parliamentary Democracy
Vlad Ivanov
Upgrade essay
AP GOV
Ms.Taylor
Explain what the term parliamentary sovereignty means in the British political system.
Parliamentary sovereignty is the most important part of the UK constitution. It makes Parliament the supreme legal authority in the Britain, which can
create or end any law. Essentially, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.
Analyze the strengths and weaknesses of parliamentary democracy.
Parliamentary democracy vary in significant ways with advantages and disadvantages in both cases.Let's take a closer look on them.
Strengths (Advantages):
In a parliamentary system, with a collegial executive, power is more divided. It can also be argued ... Show more content on Helpwriting.net ...
Executive is separated into useful groupings, and every department has a leader directly accountable to the Parliament, as a result department head are
more responsible.
Weaknesses (Disadvantages):
For any party to gain majority power is almost impossible without building coalitions and working together. Coalitions can be tenuous, and when they
fail the government must reorganize and choose new leaders. Instability makes progress difficult.
The direct connection between legislative and executive branches signifies there is efficiently no check on either power in the other.
There is a small incentive for bigger parties to disburse some attention to the small party concerns. As a result views ignored or unheard.
What are the differences between the major political parties in the country?
Conservative:
Conservative Party, byname Tories, in theUnited Kingdom, a political party whose guiding principles include the promotion of private property and
enterprise, the maintenance of a strong military, and the preservation of traditional cultural values and institutions. Since World War I the Conservative
Party and its principal opponent, the Labour Party, have dominated British political life. The membership of the modern Conservative Party is drawn
heavily from the landowning and middle classes – especially businessmen, managers, and
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Review the Laws Related to Security and Privacy of Data
ss| | | | | | | |
Review the laws related to security and privacy of data
In this document I will be discussing the laws that are related to security and privacy of datas, I will explain how they relate to the security and
privacy of data.
Computer Misuse Act 1990
This act was introduced to prevent users hacking. This also stops them entering a computer, programs or files without authorisation, this act is in place
to prevent users to use the internet without permission to cause an act of crime and also prevents unauthorised modifications to a computer. This act
does not allow any attacks on a server as this is illegal.
Hacking into a computer is not allowed as it can disrupt the business as personal information can be ... Show more content on Helpwriting.net ...
Copyrights
This exclusive legal right that is given to the original artist to print, perform film, publish or record literary and authorize others to do so for their
material. This protects a physical expression of ideas , for example someone has an idea to write a book the content that is written in that book is
covered by the copyright act as it will be unique to the creator. You do not need to register or claim copyright, this protection is automatic as soon as
it is created. If someone steals information or wrongly sells other work or creation for their own financial benefit then this copy right act will protect
the original creator and he can claim back the money that has been gained by the person who has taken the material without permission. This protects
security and the use of private data as it does not allow anyone to take data or material without the author permission, if this does happen the user who
has taken this material can be fined and prosecuted as the products does not belong to them, the author can also decide how his material has been used
and if someone breaks his restriction they can also be prosecuted.
Open Source
This is software or material that is available with the source, this allows users to copy the material and modify the material, the reason for this is
because the creators would believe that if someone can edit the material for themselves it will be more useful to another persona and will also allow less
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Company Directors Of The United Kingdom : Annotated...
DISQUALIFICATION OF COMPANY DIRECTORS IN THE UNITED KINGDOM ANNOTATED BIBLIOGRAPHY 1.Newspaper Article Blitz
R, 'Former Rangers FC owner banned as director' Financial Times (London, 30 September 2014) accessed 14 November 2016 This newspaper
article brings out a good practical example of the law of disqualification of directors in the United Kingdom. Craig Whyte has been disqualified
from being a director for 15 years; the maximum number of years a director can be disqualified, because he failed to avoid conflict of interest. The
article sets out details of his offenses which include failure to consult other directors on business decisions, making the club enter into a deal which
made it fund its own shares, avoid tax obligations and lastly failed to disclose that he was already banned from being a director for 7 years in the
year 2000. However, the exact sections of the law under which he is convicted are not mentioned. 2.Domestic Legislation (United Kingdom)
(a)Company Directors Disqualification Act 1986 Before the Company Directors Disqualification Act 1986 (hereafter referred to as the CDDA 1986),
the United Kingdom had two pieces of legislation that contained provisions on the disqualification of directors namely the Insolvency Act of 1985 and
the Companies Act of 1985. However, these provisions were consolidated in to one central act namely the CDDA in 1986. This Act lays down the
grounds of disqualification of directors such as general misconduct,
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The United Kingdom ( Uk ) Left The European Union
Can you imagine that what will happen when the United Kingdom (UK) left the European Union
(EU)? Britain will hold the referendum on Thursday, 23 June. A referendum is a vote for
everybody or nearly everybody of voting age can take part. Britons will be able to decide to stay
in or exit the union. The referendum will give the opportunity to Britons show what they think
again since 1975's poll. Because of the EU from "Economic Zone" changed to "Countries
Union", it could affect UK's daily lives and policies. The EU is an organisation consisting of 28
European countries for economic and political partnership. Established during World War Two,
leading countries in European stay together avoid going to war with each other. The union's ... Show more content on Helpwriting.net ...
This article will explain by quoting
figures from experts and academic articles, focus on such as the business, the environment and
the immigration. Show the impact if the UK left the union, to prove that UK should remain a
member of the EU.
Body Paragraphs
Firstly, the first paragraph will talk about the relationship of the environment policies between
EU and United Kingdom. Dr Charlotte Burns is an expert focus on EU environmental, work at
environment department, University of York. He thinks that British focus a lot on business,
environment policy also should not be ignored. EU have a lot of helpful on the European
environment. It has been strictly supervising environmental policies of the member state and to
the implementation of EU law forcing them to publish reports regularly. If UK quits the EU,
Britain may lose the pressure from the European Union, so that future environmental policy
setbacks. Dr Charlotte Burns 's point of view, make sure Britain can keep improving the policies
for the climate change and the circular economy, the kingdom stays the EU is necessary, which
would be helpful for the UK have a healthy population and clean environment in the future. The
EU is leading an international environmental protection, if the Britons left, the EU environmental
laws would not constrain the UK, such as bathing
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Unit 525 Inter Professional Working Essay
1.Understand the principles of inter–professional working within health and social care or children and young people's setting.
1.1 Analyse how inter–professional working promotes positive outcomes for individuals.
Inter professional working is formed from different health and social care professionals working together towards a common goal to meet the needs of
a service user. It is about developing relationships within and between organisations and services involved in planning and delivering care andsupport
to the service users we support. By working collaboratively it brings together different types of professionals to share their particular knowledge,
experience, skills, occupational values and perspectives to improve service ... Show more content on Helpwriting.net ...
Good working relationships are built over time, this creates trust, respect and smooth running of the service. This is apparent at reviews and other
meetings when everyone involved with an individual will be brought up to date with any progress or issues. Then any decisions or agreements can be
made because everyone involved has an opportunity to voice their opinions/concerns. This leads to a positive outcomes supported by all involved. If
there have been previous agreed actions not carried out then this environment makes it easier to remind others of the things that need completing. Also
if others are having difficulties in fulfilling their agreements then they will find it easier to ask for help. Respect for each other should be maintained,
remembering that we are all working for the best possible outcome for the individual.
There is a need to monitor and review working relationships, if conflict or lack of communication is a problem there is a need to establish a reason
for this and look for a resolution acceptable to all parties and identify areas for improvement. One way to maintain a good working relationship is to
have regular contact not only verbal but face to face contact through meetings at least monthly, this provides opportunity to discuss any concerns or
maybe just have a chat about things in general, also keep in touch via email and telephone. It can create problems if the only contact they have is when
there are problems as this may give
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Boots Is The Biggest Chain Company Essay
Introduction
Boots is a limited company here in the United Kingdom that was founded in 1849. Around 167 years a go by John Boots with its Headquarters in
Nottingham in the United Kingdom. Boots operates a number of stores in the United Kingdom and Ireland in the High streets, Shopping centres and
where it employs around 70,000 in the United Kingdom and around 19,000 in Ireland.
Boots is the biggest retail company in pharmacy, health and beauty industry with over 2500 stores in the United Kingdom. However, in 2006 the
company's former parent the Boots Company PLC merged with Alliance UniChem to form Alliance Boots. In 2007 Alliance Boots was bought by
Kohlberg Kravis Roberts and Stefano Pessina and they took the company private with its Headquarters in Switzerland.
In 2012, Walgreens, the giant USA drug company Invested 4.3 billion in cash and shares to a acquire a 45% stake in Alliance Boots and as a result it
became a subsidiary of the new company Walgreens Boots Alliance where they sell medicine, beauty products, health, optician and hearing services to
the public.
According to the Annual report of 2010/2011, Boots operates in more than 25 countries employing more than 155,500 members of staff and dispensing
more than 250 million items each year. Their operations are in:
– Flagship stores with offers of the widest range of products and services.
– Local pharmacy – Community stores that focuses on Healthcare
– Health and beauty – convenience and high street stores
–
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Historical Development Of Statutory Protection
Chapter 1: The Statutory Protection The historical development of statutory protection to workers within employment
The development of employment law has brought many changes that have affected the rights of the worker and the rights of the employer. Thus it is
essential to outline the history of where such limitations might have accrued in the law. Although, references in this title will not stretch so far to the
Combinations Act 1799, it does however pinpoint offences that continue to link with the most recent form of document. By attempting to persuade one
to not work or even to refuse work to a person is still an offence. Trade unions expanded throughout the years where the significant Master and Servant
Act 1867 brought out the ... Show more content on Helpwriting.net ...
The link between this and the Equal Pay Act in 1975 also began the Sex Discrimination Act which prohibited discrimination against potential job
applicants and employees on the grounds of sex and marital status.[6] Bowers points out that the 1974–76 legislation was very difficult to the nation
where even more strikes occurred.[7] However, the Conservative legislation between 1980 and 1995 was introduced to tighten those abused powers of
the employers and unions from the Employment Act 1980. Some may argue that this did little to the operation so throughout the years further
development was made with regards to equal treatment, pension schemes, and individual employment rights. Overall it was combined within the
Employment Rights Act 1996 where these provisions from Employment Protection (Consolidation) Act 1978, the Wages Act 1986 and the Employment
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The Pros And Cons Of Tort Law
Within Tort Law it has been acclaimed by most, that UK courts are not in favour of negligent claims brought against the police force. 'There is no
doubt that a police officer owes a duty to protect the public' However, in many regards the police aren't found to be guilty to owe any such duty. The
Tort of negligence proclaims that one must be owed a duty of care to claim, otherwise negligence caused to the claimant due to the conduct of the
defendant, is held without regard. As stated in the Police Act 1964 "The chief officer of police for any police area shall be liable in respect of torts
committed by constables under his direction"
It was firstly suggested that the 'courts show willingness to invoke public policy principles of immunity where certain groups of defendants were sued
in negligence' , to which the case facts in Hill v Chief Constable of West Yorkshire Police [1988] will shine light on. Moreover, one may suggest that
the emergency services should be free to carry out their line of work without the conscious threat of liability. If one was to act in such a way as that
which threatened overriding liability, it is questionable as to whether an officer would act in a defensive state of mind, as stated by Lord Keith in Hill .
It may well be considered that the courts specifically deny claims against the emergency services, invoking public policy, as observed in Capital
and Countries Bank plc v Hampshire CC [1997] and John Munroe Ltd v London Fire and Civil Defence Authority & Others [1997] . The fire
brigade, like the police force are too exempt on the grounds of no duty is owed to an individual if an emergency call is not responded to.
Policy is essentially concerned with the notion of Duty of care and maybe considered the fourth element required for a negligence claim, primarily
used to disregard claims against the police.
The principles of duty of care are centred around the cases of Donoghue v Stevenson (1932) , Hill and Caparo Industries PLC v Dickman [1990] .
The case of Donoghue v Stevenson [1932] has been instrumental to the foundations of Tort Law, following the notion that since this case 'negligence
has rapidly developed into the cornerstone of our system for compensating
... Get more on HelpWriting.net ...

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Dick Smith Research Paper Analysis

  • 1. Dick Smith Research Paper https://www.paperrater.com/adv/click?name=46860Skip to: Main Content Site Navigation Site footer Site site–search Site Map Network Navigation (other sites) Hipages Fox Sports SEEK Carsguide RealEstate News Network News.com.au News.com.au National World Lifestyle Travel Entertainment Technology Finance Sport Video Search Government's housing affordability headache Starbucks stands by refugee pledge
  • 2. CommInsure 'didn't pressure docs' 'Fake president': Scathing takedown Trump was 'monitored, surveilled' Market set to rise after $30bn loss 'We will defeat and destroy the terrorists' Finance news you need to know today LATEST IN FINANCE business retail McGrathNicol releases Dick Smith report JULY 14, 20162:39PM Dick Smith in Northland closes for ... Show more content on Helpwriting.net ... WHY DID DICK SMITH FAIL? The consumer electronics market is highly competitive with rapid changes in consumer demand patterns. DSG had a store network much larger than its competitors, and so a higher cost base, with considerable exposure to and reliance on the fast moving office/computer products market. DSG was losing market share by experiencing declining comparable sales. Revenue growth was based on store growth and commercial sales at low margins. DSG's expansion plan required considerable financial commitment, utilised all cash resources, required considerable supplier commitment and required bank borrowings. Inventory decisions made in this environment were not consistent with consumer demand, and DSG was ultimately left with a considerable level of obsolete and inactive stock, requiring a major writedown. Clearance sales did not generate sufficient sales or margin to alleviate the cash pressure. Inability to obtain favourable credit terms impacted on stock levels, product mix and store presentation. Cashflow pressures led to banking covenants being breached that could not be ... Get more on HelpWriting.net ...
  • 3. The Legal Powers Of The Company Introduction A company in itself is an entity. It can operate independently but only through individuals who serve as agents of the company. This individual, the director, has been described by legal scholars as one of the most visible and important persons within the company because he/she serves as the face of the company. With this much responsibility to the company in one person's hands, the legal powers available to directors have come to question. In the first reported case of its kind, Lord Hardwicke held the directors in question guilty of "breach of trust", tagging them as trustees to the company. Since then directors powers have been likened to that of a trustee. In Re City Equitable Fire Insurance Co. (1925), Romer J opined that addressing directors as trustees is strictly incorrect, but rather they are agents of companies . Sealy (1967) agrees to this. He notes that the origin of this concept of trust principles possesses no concrete evidence and is therefore irrelevant in modern law. As agents of the company, directors carry are subject to fiduciary duties to the company, also the principal. Fiduciary duties are the highest standard of care. The director is therefore expected to carry out his /her activities in the best interest of the company. Further, thecompanies Act 2006, an intricate combination of rule derived from judicial precedence and statute developed over time has vested reformed duties, roles and powers in directors to meet the demands of the ... Get more on HelpWriting.net ...
  • 4. Lifting the Veil Veil Lifting QUESTION The general reasoning of the Court in this area of Veil Lifting the Corporate veil has been confusing and, at times, contradictory: Discuss The question requires an analysis of whether the parent company (A); will be liable for the claims against its subsidiary, (b): in other words, whether the corporate veil can be lifted in this group structure. Both the parent company and its subsidiary are incorporate which have been legally formed. A company once incorporated, is a separate, and distinct legal entirely from the people who set it up: The Veil of incorporation is created by the principle of separate legal personality and that limited liability which are established in Salomon v Salomon & Co Ltd (1897) A... Show more content on Helpwriting.net ... Lipmann had entered had entered into a contact with Mr. Jones for the sale of land. Mr. Lipman then changed his mind and did not want to complete the sale. He formed a company in order to avoid the transaction and conveyed the land to it instead. He then claimed he no longer owned the land and could not comply with the contract. The judge found the company was but a faГ§ade and granted an order for specific performance. But the of Appeal in Adam Court in held that each company was a separate legal entity from its shareholders and the presence of the US subsidiaries did not automatically amount to the presence of the English parent company. (ii): view cape group as an Agency: Secondly, the Court may lift the veil if a express agency relationship exist between a company and its shareholders, or between a parent and subsidiary company in a group structure. Although a company is a separate legal entity instead an agent of its shareholders, it is possible that there is evidence of day to day control and that an agency relationship can be established on particular facts. It is, however, difficult to prove an agency relationship without express agreement. Somme guidance is provided in: Smith, Stone & Knight Ltd v Birmingham Corp [1939] In order to maximize the amount of compensation, the parent company argued that the subsidiary carried on the business as its agent. It was held ... Get more on HelpWriting.net ...
  • 5. Case Analysis : Dubai Aluminum Co Ltd V Salaam "The Company Act 2006 has significantly altered the position of outsiders as far as transactions with the company are concerned." A company is liable for the wrongful acts of an agent or employee acting within the scope of his authority or in the course of his employment (Lister v Hersley Hall Ltd [2001] 2 All ER 769; Dubai Aluminum Co ltd v Salaam [2003]), as the case with any principal or employer. Sometimes additional rules of attribution are needed in the civil context where intention or knowledge ingredient of the cause of action or defense, for example if a company is to be liable for "knowing receipt" (El Ajoy v Dollar Land Holdings Plc [1994] 1BCLC 464) or knowing being a path to fraudulent trading (Morris v Bank of India). The essential point is that, subject to certain statutory exceptions, in English law it is not possible for a person to sue on, or to be sued on, a contract, unless that person is a party to it. It is a rule which the contract lawyers call privity contract (Suttons v Midland Silicones [1962]. Corporate liability in the contract: Any due formalities of execution have been observed CA 2006, ss 44 and 46. A company many enter into a contract in writing under its seal (if it has one) or more commonly, a contract may be made on behalf of the company by a person (such as director or manager) acting under its authority, express or implied (s.44) Issues of capacity are of ever–decreasing significance so the essential contractual issues revolve ... Get more on HelpWriting.net ...
  • 6. Essay Labour Party Is the Party of Devolution "The Labour Party is the party of devolution." Is this a reasonable statement to make? Devolution is defined as "the transfer of power to a lower level, especially by central government to local or regional administrations" (oxforddictionaries.com). It can also be defined as "the transfer of power from a superior sovereign to a subordinate parliament or assembly." (Tonge 2010). Within a devolved state, the sovereign power retains the technical power to suspend the devolved government. Since Labour came into power in 1997 under Tony Blair, power has been devolved from Westminster to Scotland, Wales as well as Northern Ireland. Devolved government was created in both Scotland and Wales after majority referenda in the respective countries;... Show more content on Helpwriting.net ... Furthermore it is important to regard the Liberal Democrats as a party of devolution. Finally it will look at whether regional devolution has a future within the UK or if the referenda on the North East Assembly was the final straw making the notion of "a party of devolution" redundant. Firstly, the Labour party of the 1970s and 1980s. Prior to the 80s, the Labour party did not have a lot to say on devolution. It was only the rise of support for nationalism and nationalist parties that prompted the Labour party to reconsider its stance on regional devolution. "The Labour party had traditionally been seen as being in favour of centralised political authority, with Westminster the location for that authority" (Deacon and Sandry, 2007). This quote from Deacon and Sandry's "Devolution in the United Kingdom" gives an overview of what the Labour parties "traditional" stance on the idea of devolved power has been and this certainly suggests that the Labour party is a party of devolution. In recent times the Labour party has been on the side of devolution apart from a clash of views which split the party in the 1979 devolution referendum. However before this referendum in the Labour party's 1974 election manifesto, devolution did not get so much as a look in, suggesting that perhaps Labour were not the party of devolution. Nevertheless two days prior to the general election being announced, a union block vote ... Get more on HelpWriting.net ...
  • 7. The Principles Of The Company Law, The Uk Cape Industries... The Salomon principle dictates that if the company is established in accordance with the requirements of the Companies Act 2006, it starts to operate as a separate legal entity. The corporate veil becomes the dividing line between this entity and its shareholders. However, it soon became obvious that this concept can be easily abused, therefore Courts fought hard in order to establish exceptions to the Salomon principle in the form of lifting or piercing the veil, allowing them to look behind the 'curtain' if they spot some irregularity. In order to justify these drastic measures, Courts would look for something substantive, such as an agency relationship, fraud, avoidance of obligations, or group piercing grounds. In order to determine... Show more content on Helpwriting.net ... As described by Professor Gower, once the company is registered, the 'corporate veil' comes down between the existing company and the shareholders, protecting them from any potential liability. Soon it became apparent that the companies could be easily abused and used for improper purposes. As a response to these developments, Court would use the concepts of lifting and piercing of the veil in order to go behind the veil and attach an appropriate liability to those who were behind it. Lifting of the veil was seen as the least drastic option, as the Court would look behind to see if there is some impropriety, and put the veil down, still recognising the company as a separate legal entity. Whereas piercing would involve tearing up the veil, completely disregarding company as a separate entity and looking at it as an agent for another. The process is very ad hoc, and therefore based on the discretion of the Courts. In order to persuade the Court to look behind the corporate veil, the grounds must be substantive. One of the established exceptions justified by the Court in order to lift the veil is when the evidence shows that the company is being used as a device for avoidance of existing obligations. The good examples of this exception would be the cases of Guildford Motors v Home and Jones v Lipman. In Jones v Lipman Russell J ordered specific performance ... Get more on HelpWriting.net ...
  • 8. Case Study Of Cyprus Shipping Company In Cypyrus REGISTER A SHIPPING COMPANY IN CYPRUS In the article "Registration of Ships in Cyprus" Michael Chambers presented the essential information about eligibility criteria and ship registration procedures. Cypriot and European citizens may proceed with the necessary procedures and register their vessel on the Registrar of Ships. However, non–European citizens who wish to register a ship under the Cyprus flag they are obliged to incorporate a Cyprus Shipping Company. The incorporated Cyprus shipping company will acquire the ship in its name. Michael Chambers provides some basic information concerning the formation and maintenance of a Cyprus shipping company. The experienced legal team of Michael Chambers & Co. LLC is willing to provide you a ... Show more content on Helpwriting.net ... The Registrar of Companies should approve the name. The approval usually takes two days but in urgent cases the procedure may be accelerated. The registered address has to be in Cyprus. In many cases it is situated at the offices of the lawyers who have incorporated the company in Cyprus. The registered address may be the address of Michael Chambers & Co. LLC premises. Note that the secretary keeps the registers and minute–books. Share Capital The share capital of the shipping company can be nominal or the actual amount to be deposited by the promoters for the implementation of the venture. It can be submitted in full or by calls, in cash or the shares can be allocated per value. All classes of shares and with different voting and dividend rights are acceptable. Note that all shares should be nominative and bearer shares are not acceptable. Shareholders and Security of Beneficial Shareholders The incorporation and maintenance of a Cyprus private company require one shareholder, regardless of nationality. Based on the provisions of the Cyprus law all shareholders of the shipping company can be foreigners residing abroad. The transfer of shares from one foreigner to another is
  • 9. ... Get more on HelpWriting.net ...
  • 10. The Case Of Salomin V Salomon & Co Ltd. Mr Lay is a separate legal entity under s.16 (2) Companies Act 2006. This is similar to the case of Salomon v Salomon & Co Ltd (1897) where Mr Salomon was held to be a separate legal identity from the company. However, according to company law there are exceptions in which the court is willing to lift the corporate veil. The court will lift the corporate veil where certain circumstances occur such as fraud, improper or wrongful acts. Mr Lay gambled away all of the company's assets and reserves which is a wrongdoing under s.361 Insolvency Act 1986. He knew that there was no reasonable prospect of avoiding insolvency as the company was bankrupt and failed to minimise the potential loss to the company's creditors. Therefore, s.214 (2) IA 1986 applies in this case and the court may declare that Mr Lay is to be liable to contribute to the company's debts as this is a wrongful trading under s.214 IA 1986. This is similar to the case of Brooks v Armstrong (2015) where the three principle conditions for wrongful trading were outlined. Furthermore, he carried on business affairs with no intent to pay the company's debts and for fraudulent purposes. This is an offence under s.993 CA 2006 and s.213 IA 1986. This is similar to the case of Contex Drouzhbu Ltd v Wisemen And Another Ca (2007) where the representation was made fraudulently as the director knew the company was insolvent and unable to pay. Although the company was bankrupt, he still insisted to others that the company was ... Get more on HelpWriting.net ...
  • 11. Conveyancing Fees For Research Paper Keyword: Conveyancing fees for buying a house Summary: Knowing the actual costs and the things that affect conveyancing fees for buying a house can help you in picking the right solicitor. So, how much are Conveyancing Fees for Buying a House, or what exactly do conveyancing fees mean? How much are Conveyancing Fees for Buying a House? It is safer to hire a conveyancer when you want to buy a home. This person will handle all the legal processes and transactions for you. Buying or selling a home is a major undertaking in today's life that is why your conveyancing solicitor or conveyancer ought to be smart and highly experienced. If your prospective solicitor cannot tell you how much are conveyancing fees for buying a house drop him or her like ... Show more content on Helpwriting.net ... However, they could also be subject to the solicitor you hire. Read on to know how and why conveyancing solicitor fees vary. How much are Solicitors Fees for Selling a House? If you are selling your house, ask your conveyancing solicitor to provide you with a full and accurate figure on how you wish the exercise to go. How much are solicitors fees for selling a house is not a yes and no question. It will depend on how you explain to your lawyer. Careful thoughts professionalism and experience must also be incorporate in order to tackle it. So why is it important to know about the fees? The info will help you when comparing quotes from different solicitors. So, what affects these fees? Check below: Title Deeds You want to sell your home and title deeds are the most trusted documents to validate your ownership. Besides that, other documents like the plan and so forth are very essential to have a copy. All these are most likely at the Land Registry. Therefore, either you or your conveyancing solicitor can get them from there at a fee. A set of the relevant documents will cost around ВЈ6 but an additional ВЈ3 is charged for each document not included in the basics set. However, expect to pay ВЈ25 when you want to obtain a copy of title deed for leasehold ... Get more on HelpWriting.net ...
  • 12. How Did Israel's Food Rations Contribute To The Creation... THE DIVISION OF ISRAEL Under the reign of Solomon, Israel reached great economic and political heights along with its security and prosperity. Solomon was renowned for his wisdom, wealth and building projects, but with these projects came heavy taxes and harsh labour on his people. After his death, the kingdom was divided into two separate kingdoms, north and south. The biblical record accounts for the division as a consequence for him staying from God, but his tax and labour laws and new administrative districts also lead to friction within his people. The immature leader that followed him amplified this friction. One of the contributing factors to the division was the heavy tax imposed on the people. This came in the form of food rations for both the Kings court. The writer of kings records the massive daily provisions of the king's palace, which included milled flour and livestock. The 12 new administrative provided these rations monthly. This caused major angst within the country as Judah was excluded from providing rations. Along with providing rations for Solomon, the people had to supply wheat and olive oil for the King Hiram of Tyre, who provided timber for the Temple of the Lord. These heavy taxes cause an extensive burden of the realm and caused major fractures on the kingdom. ... Show more content on Helpwriting.net ... This caused discontent amongst the Israelites and contributed to the division of the kingdom. These districts ignored the traditional boundaries created by Moses. The new districts "all Israel" didn't include Judah, which showed how "Judah and Israel were regarded as two separate entities by the royal administration" (Ahroni). This meant Judah was excluded from the mandatory tax asll citizens had to pay for being part of "all Israel". These new districts and the administration added tension to an already fractured ... Get more on HelpWriting.net ...
  • 13. The Corporate Veil : Saloman And Beyond 1.Chapter One: The Corporate Veil– Saloman and Beyond 1.1 What is Limited Liability? In any business, there is a fundamental risk of loss or failure. Such failings are induced by a variety of reasons where an individual may not be at fault. As such, likely business men would be reluctant to launch new business ventures due to uncertain success or unpredictable markets. In such a scenario there lays the possibility of losing one 's personal property to repay any debts that a failed business venture may incur. Addressing this problem, the basic principle of limited liability formed, to promote the expansion of the economy. Humans are generally legal persons, they are bound by the legal system in which they find themselves. A ... Show more content on Helpwriting.net ... Respectively, a member within the company may only lose an amount up to value of his/her investment. Accordingly, creditors who bear claims against the company may only look to the corporate assets, for the satisfaction of their claims, and generally cannot proceed against the personal assets of its members. As such the investors risk is capped, whilst their possible gain remains unlimited. Such is the fundamental principle of limited liability. The concept of separate legal personality exists alongside the doctrine of limited liability. In Foss v Harbottel the courts first confirmed that a company itself would be the plaintiff in legal proceedings, later reinforced by the Saloman case the first time that the court affirmed the separate legal existence of the company. It is therefore clear that limited liability is an essential part of a sound economy. However, that is not to say that the doctrine of limited liability is perfect. 1.2 What Exactly is 'Veil Piercing?' This doctrine was created in order to prevent injustice, serving as an exception to the rule of limited liability. Our courts can and will under limited circumstances ignore the doctrine of limited liability, so that the members of the company may be held liable for the actions of the company, aptly this is called 'piercing' of the corporate veil. This does not mean that the company ceases to be a legal person; in essence it ... Get more on HelpWriting.net ...
  • 14. Law in Malaysia Table of content 1.0 Introduction...................................................................................1 2.1 Legal effect of Memorandum and Article of Association.................1 – 2 2.0 Memorandum of Association...........................................................2 – 3 3.2 Doctrine of Ultra Vires..........................................................3 – 4 3.0 Article of Association...................................................................4– 5 4.0 Australian Corporation Law 1961......................................................5 – 6 5.0 Conclusion.....................................................................................6 6.0 Bibliography...................................................................................7 1.0 INTRODUCTION By section 33 (1) of the Companies Act 1965, the Memorandum of Association and Articles of Association of acompany shall, when registered, bind the company and the members of the same extend as if they respectively had been signed ... Show more content on Helpwriting.net ... Under section 21 (1) of Company Act, the company is allowed to alter the memorandum but the changes to the memorandum of association may have significant impact on the existence of the company, therefore, the company cannot simple alter the memorandum. If the company want to change the company's name, alternation of the object clauses and so on. A special resolution must be passed. The special resolution that is passed by 75 percent majority and not less than 21 days' notice specifying the intention to propose the resolution as a special resolution has been duly given. This is sent to the Registrar of Companies within 14 days of it being made. 3.2 Doctrine of Ultra Vires Object clause was viewed in the vital part of the Memorandum. In general rule, the contracts cannot be signed by company directors that are not inside the type of business identified in Memorandum of Association. That is, company directors cannot enter into any business contract outside its powers are void and would not bind the company and shareholders because this is to protect the shareholders. If the company engages the business outside the scope of Memorandum of Association, the contract is valid. This is a simple formulation of the ultra vires doctrine under section 20 (1). Conversely, the contract is valid as it is 'intra–vires', if the contract is inside the scope of the Memorandum of Association. In case Ashbury Railway Carriage & Iron ... Get more on HelpWriting.net ...
  • 15. Charlie Elphicke Father Charlie Elphicke was born on March 14, 1971 in Huntingdon, England. Charlie is currently married to his wife Natalie Ross, and they have a total of two children. Before getting into politics and getting elected into Parliament, Charlie graduated from the University of Nottingham. Charlie was a partner for the law firm Hunton & Williams, and also was working in the pharmaceutical research business before he pursued politics. Charlie began his career in politics in 1994, when he was elected to the London Borough Council of Lambeth. As a Conservative, he represented Gipsy Hill, in which he defeated Labour leader Stephen Whaley for this position. After four years of serving, he stood down and quickly became the chairman of the Dulwich & West Norwood... Show more content on Helpwriting.net ... "I have long been fighting for a change in the law when it comes to family policy, so that children have the right to know and have a relationship with both parents" (elphicke.com). On February 25, 2013 Mr. Elphicke introduced a bill to Parliament which would help support Charlie's goal to put the children first. Mr. Elphicke told Parliament that around 3 million kids in the United Kingdom are living with separated parents and around 1 million children do not have contact with either of their parents. The push for this bill by Charlie Elphicke was finally recognized by Parliament on March 13, 2014 when the Children and Families Act was passed by both Houses. Another issue that Charlie Elphicke is trying to get ahold of is the tax avoidance of big multi–national businesses. "I spoke up for the need to reform our tax law fundamentally. To make sure that tax on profits from business carried out in the UK is paid" (www.elphicke.com). Mr. Elphicke says that the problem is not the British businesses, but the companies who are world wide and do not pay the proper corporation tax that they should pay. April 16, 2012 was the first day that the Finance Bill was debated in Parliament and this is the bill that sets the taxes and the tax law. Charlie set forth a couple of ideas in this Bill about anti–avoidance measures. "The first principle is that business tax rates should be low, simple and attractive. Britain should be open for business, but open for business on a level playing field for national and international companies" (www.elphicke.com). After years of continuing to debate and pushing forward the idea, under the Labour party income tax receipts went up, while the corporation tax stayed the same. To this day, Charlie Elphicke is continuing to call out many corporations for the continuation of tax avoidance he ... Get more on HelpWriting.net ...
  • 16. Similarities Between Oceania And North Korea The Democratic People's Republic of Korea^ One of the more secretive countries in the world is North Korea, in a lot of ways, Kim's regime is similar to that of Big Brother's. Outlawed actions or crimes against the regime lead to either death or forced labour camps. People are constantly surveyed by the regime and punished if they step out of line. Another similarity is that both countries are short on supplies, while Oceania is short on things like boots and razor blades, the North Koreans are having shortage of food, starving many. Lies, stories and manipulation both play big parts in these two countries. Oceania 'edit' the past by changing news articles, deleting all contradictory information and punishing those who speak out against it.... Show more content on Helpwriting.net ... The two, however are quite similar. In Russia, there are extremely harsh punishments for disobeying the law, there are forced labour camps in Siberia for their criminals and North Korean criminals. Political opponents are eliminated immediately, either locked up in jail, sent to a forced labour camp or executed, which is why Putin has served for eighteen years. Like Oceania, Russia is also the biggest country in the world, although most of it is uninhabited. Surveillance, though, is somewhat relaxed, with one CCTV camera having to monitoring every seven hundred and twenty one people. Although they have a declining economy, Russia are increasing their military expenditure, working with China (PRC) to become a military powerhouse again. This is like the Oceanian glorification of ... Get more on HelpWriting.net ...
  • 17. Executive Summary : The United Kingdom Executive Summary The United Kingdom (UK) is one of the largest economies in Europe ranked at position 13 of the freest economies globally in 2015. The country recorded a GDP of 2.67817 trillion dollars in 2014 with an average annual GDP growth rate of 2.8% in the last five years. The World Bank ranked UK in 10th position as the best place to do business in 2014 based on its high regulations, robust business policies, highly skilled workforce, investors' protection, developed infrastructure, and political stability. Since it is a member of the European Union (EU), the country presents an opportunity for the company to access more than 500 million consumers in the European market. This study recommends the establishment of a wholly owned subsidiary in the United Kingdom to improve profitability and productivity. Macro Environment The economic reforms initiated by Prime Minister Margret Thatcher since 1980's has made the United Kingdom record steady economic growth in the 1990s. However, successive Labour governments increased government spending significantly. Since 2010, the government upheld austerity as the principal of its economic policy. In 2014, the country recorded its strongest economic growth since 2007 of 2.387 trillion dollars with GDP per capita at 39,350.64 dollars. The GDP increased significantly because of the enhanced performance of the construction, manufacturing, and services sectors. Retail sales also increased with unemployment relatively at lowest ... Get more on HelpWriting.net ...
  • 18. A Comparison Of Disability In The United States And Brazil Disability is presented all around the world and at all times. The way that a population perceives disability influences the condition of living for people with disability. We are living, but it is essential that everyone understand disability as a social model that we have discussed in class. Cultural differences have an immense effect on how people within societies view people living with disability. The definition of disability differs from a country to another, which makes data very hard to be collected. Persons with disability have a stigma attached on them that vary cross culturally and affect their level of acceptance into the community. For the final paper I have decided to compare disability and employment in two countries: United Kingdom and Brazil. For background, Brazil is the largest country in both: South America and Latin American region. It is the world's fifth–largest country (geographical and population). The United Kingdom of Great Britain and Northern Ireland, or simply United Kingdom is a sovereign state in Europe. The United Kingdom is the 22nd–most populous country in the world. United Kingdom has a population of 64,1 million, and according to the last census ... Show more content on Helpwriting.net ... People with disabilities suffer discrimination such as the refuse of companies to hire those peoples. An estimated 386 million of the world's working–age persons have some kind of disability, according to ILO. In a recent research, they found that two–third of the unemployed and disable persons said that they would like to work but they could not find jobs. There are many challenges and obstacles to the full implementation social protection in Brazil include the need to reduce limitation in the provision of proper care to each specific type of ... Get more on HelpWriting.net ...
  • 19. The Issue Of Limited Liability In light of the decision in Prest, this essay will argue that this principle has been taken too far, and it has become too easy for parent companies to escape the obligations of its subsidiaries. It will begin with a discussion of limited liability and examine the when the veil may be pierced after Prest. Next, it will discuss the current arguments calling for reform. The concept of limited liability was conceptualized to promote enterprise through limitation of risk. In many ways, the argument remains applicable today. As a detailed exposition is beyond the scope of this essay, this essay will examine the two major lines of debate. Firstly, the argument that limited liability encourages enterprise is normally linked with "passive investors" who have no other interest in the company other than that their money is invested within. However, on the opposite spectrum, the power to purchase shares was also given to companies having a separate legal personality. In corporate group scenarios, this essay will support the arguments of Blumberg and Wright that theparent company is not a "passive investor", but rather an active force behind the subsidiary. Thus, there is a clear danger, as evidenced in cases such as Adams, that limited liability can encourage risk that is excessive, as 'owners engage in excessively risky activities [being] protected from liability.' This is demonstrated through the observation that directors in privately managed companies stand behind the veil ... Get more on HelpWriting.net ...
  • 20. Chapter 4: Finding and Recommandation of the Research Essay THE FINDING OF RESEARCH 4.1.1ABSENCE OF STATUTORY DEFINITION The literatures that have been gathered and observed by researchers, scholars from all over the world has succeeded in pointing out that fixed–term contracts employment is a new phenomenon in the labour society. One of the recognised distinctions between Malaysia and United Kingdom concerning the fixed–term worker is the absence of statutory definition. It is noticeable that the definition of fixed–term employment in Malaysia is ambiguous. The Employment Act 1955 does not provide any definition on fixed–term employment. The only reference that reflects fixed–term employment is section 11 of the Act, where it state impliedly that "a contract of service for a specified period of ... Show more content on Helpwriting.net ... 4.1.2LACK OF LEGAL PROTECTION 4.1.2.1 SECURITY OF TENURE One of the dilemma that is suffered by the fixed–term workers in Malaysia is the lack of security of tenure. This is due to the nature of fixed–term employment which will be terminated upon expiry of a term or upon completion of a specific task. The employers often take advantage over this matter through the use of successive renewal of employment contract without the intention to make the worker as permanent worker. This situation is mainly contributed by the absence of legislation to impose limitation of number of successive renewal allow for a worker to be considered as permanent worker. In comparison, the fixed–term workers in United Kingdom enjoy a better position than their counterparts in Malaysia. This is the result of the limitation imposed on the use of successive fixed term contract by the 2002 Regulation. The regulation limits the use of successive fixed–term contracts to four years and the employees who believe that their fixed–term contract should be deemed permanent under the regulations have a right to make complaint. In other words, this Regulation establishes a right for any employee on fixed–term contracts who have served for 4 years or more to automatically become a permanent employee. Therefore, they have security of tenure as compared to Malaysian fixed term worker. 4.1.2.2DEPRIVATION OF STATUTORY RIGHTS ... Get more on HelpWriting.net ...
  • 21. Case Study: Sale Of Castel Showroom To Mcgarrity The followings are the explanation and findings to your request. Sale of Castel showroom to McGarrity Ordinarily the sale of the showroom is within the authority of Castel directors provides by its Model Article 3 (MA). However, the sale of the showroom has been identified to be a substantial property transaction (SPT) therefore an ordinary shareholders resolution will be required to sell the showroom to McGarrity. Castel board will also resolve to call for a general meeting or to circulate a written resolution for shareholders approval of the showroom sale to McGarrity. The shareholders resolution has becomes necessary as Castle is selling a substantial non–cash asset to McGarrity which is connected with Ron Humphreys a director of Castle, the shareholder's must pass an ordinary resolution under s190 (1)(b) of the Companies Act 2006 (CA 06) to approve the sale transaction. Castle showroom is a non–cash asset within the meaning of CA 2006 s1163(1). It is substantial as ... Show more content on Helpwriting.net ... He is required, under section 177 of Company Act 2006 (CA 2006) to declare the nature and extent of his interest to the other directors, unless other directors are aware of his interest in which case he does not need to declare it. However, it is good to do so as a matter of good practice. By virtue of Castel (MA14), Ron Humphreys cannot vote nor form part of the quorum at the board meeting on this particular matter. Therefore, if Lucy Mottram votes against this resolution it will not obtain the simple majority required to pass the resolution (MA 7(1)) and the board may not resolve to circulate the proposed sale to the members. Moreover, Ellen Humphreys is not a director therefore she may not influence the vote at this stage. We assume that Ron Humphreys declared his interest to the directors as provides by s177 (2)(a) CA 2006 and that Lucy Mottram decided to vote in favour of the ... Get more on HelpWriting.net ...
  • 22. United States Government Vs. United Kingdom Government United States Government vs. United Kingdom Government People often vision the royal family, when thinking about the United Kingdom and think about how the King holds the power as the Head of State. United States government seems completely due the President being in charge instead of a King, no one stops to think about the similarities the both governments share. The United States and United Kingdom Government share similar aspects of their structure of government, power the heads of government and contain the same political parties. Representative Democracy, known as the established form of government in the United State in which citizens can elect representatives through voting. The Representative's duties include to develop and create laws for the citizens to obey. The government's power divides into the following branches Judicial branch, Executive branch and Legislative. The Judicial branch holds the power to argue "the meaning of laws and how they are applied" (The White House). To prove, the branch completes the process known as the judicial review to determine if the laws violate the constitution. The President holds the power in the Executive branch to carry out and enforce laws. The Legislative branch possesses the power to create laws. Unlike, the United States government the established form of government in the United Kingdom is a Constitutional Monarchy, in which the Monarch "shares power with a constitutionally organized government" (The Editors of ... Get more on HelpWriting.net ...
  • 23. Company Law Section 14 of the Companies Act 1985 The Joint Stock Companies Act 1844, which enabled companies to be formed by "deed of settlement" and the Limited Liability Act 1855, established a general incorporation procedure which offered limited liability to shareholders and gave recognition to the company as a separate legal persona. By the Joint Stock Companies Act 1856, the deed was replaced with today's style of constitution, namely the registration of the Memorandum of Association and the Articles of Association. The contents of these are now regulated under the Companies Act 1985, and form the "constitution" of thecompany. It is from the original 1844 Act that the wording was adopted for s.14 of the Companies Act 1985 which makes reference to the contractual nature of the ... Show more content on Helpwriting.net ... In the House of Lords it was held that the plaintiff could not rely on the said article, when the company terminated his employment, as he was suing in his capacity of a solicitor, i.e. enforcing an 'outsider' right, which did not affect the constitutional rights of the shareholders even though he was also a shareholder. The second principle was established in the case of Foss v Harbuttle . The 'rule' being stated by Griffin in the following way: "An individual shareholder has no absolute right to seek redress for a wrong purportedly committed against the company in which he is a member. The company in such an instance is the proper plaintiff to instigate such an action. Whether the company proceeds with the action will depend upon the will of the general meeting and its board of directors. Only in exceptional circumstances will the court interfere with a decision taken by the company to sanction the alleged wrongful act." There are two parts to this doctrine; firstly that the courts will not interfere in the internal management of the company. The grounds for this lie in the principle that the majority shareholders should be able to decide whether a ... Get more on HelpWriting.net ...
  • 24. Police And Crime Commissioners ( Pcc ) Have On Police... The focal point of this literature is the influence the Police and Crime Commissioners (PCC) have on police accountability and governance. The managerialism of policing in England and Wales is examined through the introduction of the PCC, and their responsibilities and powers for developing future strategies are assessed. The potential influence of the PCC on the role of the chief constable and their relationship is considered. This article will also reflect on the opportunities and challenges provided by the PCC and particularly the prospects of enhanced public accountability of policing as a result. Police and Crime commissioners are selected to make sure local police are meeting the needs of the community. Their overriding principles ... Show more content on Helpwriting.net ... The government became concerned about how effective police governance strategies were and started a process of consultation of police reform (Home Office, 2003). Following the deliberation under of 1962 Royal Commission on the police, accountability was distributed between the Home Office, local police authority, and chief constable. The 1996 Police Act, Police Reform Act 2002 and the Police and Magistrates' Courts Act 1994 imposed the tripartite systems' groundwork, however it was not always uncontentious (Mawby and Wright, 2005 pp. 4). Some argue that policing has become over centralised and distorted due to under governance, heavy with bureaucracy which prevents police from policing efficiently. The PCC want to implement greater local discretion and independence from central departments. From the election of the PCCs, more influential powers will radiate from the public, they expect that electoral success will be reflected in the local police activity; resulting in pressure being placed on the police from the PCC to implement the programmes and priorities that brought the PCC to election success (Loveday, 2013 pp. 23). Also, the media and local pressure groups may exert pressure on them to keep election promises. An advantage ... Get more on HelpWriting.net ...
  • 25. Increase of Unemployment in the United Kingdom A political issue that the United Kingdom is currently facing is the increase of unemployment which is positively helping the economy, as a result. The number of citizens not working in the UK decreased by 63,000 to 2.33 million in only three months to January 2014, according to official figures. (BBC) This is clearly a significant current event in UK at the moment because 7.2% of their population is without a job. The unemployment rate in Scotland fell to 6.9%, in Wales it was 6.7% while in Northern Ireland it was 7.5%. (BBC) Interestingly, I found that the Prime Minister David Cameron tweeted: "Another significant fall in unemployment is a sign our long–term economic plan is working, providing security and chances for hard–working people."(BBC) In other words, the rising rate of unemployment is not necessarily a clear indicator of a shattered economy. A large portion of the "unemployed" are self–employed businessmen or entrepreneurs working on their own ventures and have found new ways of producing a steady income within the British economy. Ultimately, the economic history and politics of this nation have been originated by Parliament and are the primary cause for the rapid growth in the business market right now. The United Kingdom was founded in 1707. This is a region which is united from three nations. These nations are England, Wales, and Scotland. By the nineteenth century, there was speedy economic change that heightened and secured ... Get more on HelpWriting.net ...
  • 26. The Case Of Salron V. Salomon & Co Ltd. PART A The issue is whether Mr Kenneth Lay is liable to contribute to the company's debts or not. Mr Lay is a separate legal entity under s.16 (2) Companies Act 2006. This is similar to the case of Salomon v Salomon & Co Ltd (1897) where Mr Salomon was held to be a separate legal identity from the company. However, according to company law there are exceptions in which the court is willing to lift the corporate veil. The court will lift the corporate veil where certain circumstances occur such as fraud, improper or wrongful acts. Mr Lay gambled away all of the company's assets and reserves which is a wrongdoing under s.361 Insolvency Act 1986. He knew that there was no reasonable prospect of avoiding insolvency as the company was bankrupt and failed to minimise the potential loss to the company's creditors. Therefore, s.214 (2) IA 1986 applies in this case and the court may declare that Mr Lay is to be liable to contribute to the company's debts as this is a wrongful trading under s.214 IA 1986. This is similar to the case of Brooks v Armstrong (2015) where the three principle conditions for wrongful trading were outlined. Furthermore, he carried on business affairs with no intent to pay the company's debts and for fraudulent purposes. This is an offence under s.993 CA 2006 and s.213 IA 1986. This is similar to the case of Contex Drouzhbu Ltd v Wisemen And Another Ca (2007) where the representation was made fraudulently as the director knew the company was insolvent and ... Get more on HelpWriting.net ...
  • 27. Legal Personality Of Salomon V. Samlomon And Co Ltd. Once a company is formed and incorporated it has perpetual existence meaning it has its own legal personality. It can enter in to contracts, have its own obligations, it can purchase or rent property, it can employ people, etc. All these are the responsibility of the company, not the directors or others involved in the company, however the director have responsibilities to act in the best interest in the company and its shareholders. If some or all the shareholders of the company die it has no effect on the company. A company's life is ended by winding up/liqudation. Alternatively a company which fails to file return annually may be removed by not filing annual returns. 'Salomon V Samlomon & Co Ltd' The 'Salomon V Salomon& Co Ltd' was a very important case in company law because it established that every company has a separate legal personality which can also be referred to as the 'veil of incorporation. Mr. Salomon was a leather merchant who for several years operated as a sole trader, during this time he was moderately successful. He decided he was going to incorporate his organisation as a limited company under the name Salomon& Co Ltd. At the time to do this it was a requirement that the company have at least seven members as... Show more content on Helpwriting.net ... All employees were entitled to compensation for any injuries that occurred while in service. Lee suffered a fatal injury and therefore his family should have been entitled to compensation. However the directors of the company argued that he cannot be a director and an employee as it is a conflict of interest. The court held that as the company was a separate entity that it could hire lee as an employee and his family was entitled to full compensation and it was irrelevant that he was also a ... Get more on HelpWriting.net ...
  • 28. World Intellectual Property Organization ( Wipo ) Copyright Presentation Copyright is a standout amongst the most vital piece of Intellectual Property Laws. World Intellectual Property Organization (WIPO) characterizes copyright as "Copyright (or creator 's privilege) is a lawful term used to depict the rights that makers have over their scholarly and imaginative works. Works secured by copyright range from books, music, compositions, model, and movies, to PC programs, databases, notices, maps, and specialized drawings." Copyrights give the assurance to the creator as for different things. These things will differ from nation to nation and are the subject to the statute of the spot or tradition that must be adhered to. The conditions identifying with the rights, their term, legitimacy and so on . relies on upon the statute and law of the nation. Creators and maker have been making their manifestations for a very long time and some surely understood creators and makers have additionally possessed the capacity to enroll their name in the great arrangements of the history for their benevolent acts. For instance, The principal individual we consider when we hear the word Ramcharitmanas is Tulsidas or when we listen to the celebrated doha "Master gobind dou khade, kaake tidal pond paay. Balihari master aapne gobind diyo batay" We realize that the individual who composed the above lines is Kabir. All the name, popularity and acknowledgment that these acclaimed identities have procured over the time in history is the aftereffect ... Get more on HelpWriting.net ...
  • 29. The Political System And The United Kingdom Essay The political systems in the United States of America, and the United Kingdom are fairly different due to several policies. The most predominant difference that could be deducted from their policies is the difference in selecting their government. The United States base their elections off of what is known as the Electoral College. The Electoral College is a process that was created by the founding fathers, written in the Constitution. Not only is it a compromise made between the election of the President by a vote in Congress, but also the election of the President due to popular vote of eligible citizens. In total, there are 538 electors that make up the Electoral College. However, for the President to be elected there is a required majority of 270 electoral votes that need to be won. If you obtain the most votes within a state, then you will win the seats of that state that help the potential President to get 270 electoral votes. The way in which the number of seats in each state is decided is through Congressional delegation; there is one for each member of the House of Representatives, and two others for the Senators. The Electoral College is particularly interesting due to the reason that even if you win the popular vote, you may not necessarily be elected as President. The most recent example of this is the 2016 presidential election between democratic candidate Hillary Clinton, and republican Donald Trump. Clinton did in fact receive more votes than Trump; however, ... Get more on HelpWriting.net ...
  • 30. Notes On The European Union Essay INDEX: S.NOPARTICULARSPAGE NO 1INTRODUCTION 2IMPACT OF BREXIT ON BRITAIN'S Economy aimmigrationb Trade and manufacturing industryc Financial servies d Foreign investmente Consumption and property market 3One month now, what do we know and don't 4Impact on Indian market 5Global impact 6What can be the future impacts INTRODUCTION: What is European union? The European union (EU) is an economic and political partnership involving partnership of 28 European countries (Austria , belguim ,Bulgaria , Croatia ,Cyprus , Czech republic ,Denmark ,Estonia ,finland ,france ,germany ,Greece ,hungary ,Ireland ,Italy,Latvia ,Lithuania ,Luxembourg ,malta ,Netherlands ,Poland ,Portugal ,Romania ,Slovakia ,slovennia ,spain ,Sweden ,united kingdom) which began after world war 2. The main idea of the union was that countries which trade together are most likely avoid going to war with each other. It has grown to become a ''single market'' allowing goods and people to move around considering the member states is a single country. It also has its own currency which is used by 19 countries and certain set of rules which are followed by all the members. What was brexit? A referendum was held on Thursday, June 23, 2016 to decide whether Britain should exit (Britain 's exit, hence the term Brexit) or remain in the European Union. Referendum are votes in which everyone (or nearly everyone) of voting age can take part, normally giving a 'Yes ' or ... Get more on HelpWriting.net ...
  • 31. Tesco Case Study Tesco Tesco first started in 1919 by jack Cohen, the funder. He started selling grocery in stall in east London, he raise ВЈ1 as profit from a sale of ВЈ4 the first day. Today Tesco is one of the biggest UKs plc with more than 89000 employees globally and it is still growing. Tesco is an international company they supply their products in more than 14 countries includes china, japan, Malaysia, Thailand, Mexico and many more. They have more than 2500 stores in all around the world. Tesco is a public limited company, it is national and it based in every local borough of London. Tesco come from the tertiary sector because it does not make products by themselves but it mostly provides a valuable service that consumers and other business are willing to pay for or use. Tesco sells different types of products. Other businesses who have their own product can buy shares inside the shop floor and sell their products in order to makes their own profit. For e.g. the Tesco supermarket have specific section for cultural products/foods that people usually have to travel or import from different places to find and buy them. Tesco made it easier as they sold shares to business that provide cultural/food products for the benefit of the customers and it will make it easier for them to find their own goods in public limited companies. The main purpose of Tesco is making profit and increasing their business globally. Their 2nd purpose is to help people to save money by selling their product ... Get more on HelpWriting.net ...
  • 32. The Primacy Of Salomon V Salomon 's ' The Corporate Veil ' In this light the Supreme Court, in order to arrive at a fair outcome for the wife, managed to set aside the companies separate legal personality without actually 'lifting' the corporate veil. As a result of this ruling, it is lucid that the primacy of Salomon v Salomon has been affirmed. Nonetheless, the case itself is significant as it also recognized for the first time that piercing the corporate veil is possible; albeit in limited circumstances. As such, rather then being referred to as an archetype of the courts reluctance towards corporate disregard, the case suggests the antitheses. Evidence of this can be found in Lord Sumption's declaration that " a recognition of a limited power to pierce the corporate veil, in carefully defined circumstances, is necessary if the law is not to be disarmed in the face of abuse". In addition, Lord Sumption's attempt in Prest to formulate a principled method to veil piercing, which in itself will be discussed in greater detail later in this essay, has provided a renewed beginning to an already complex area of company law (tan chang article). In essence, while it is true that the threshold in which the corporate veil may be pierced has been raised, a detailed analysis of the case illustrates that the abuse of corporate personality will not go unpunished (tera firm /mcardle). Having considered the ratio of Prest, when assessing the law in relation to corporate disregard as a whole it becomes evident that corporate personality has ... Get more on HelpWriting.net ...
  • 33. Why Bob Can Be Removed As A Director 1.0 Introduction: To begin in advising Ann, it is important to distinguish between the different options she may have as a company director and as a shareholder in Clippers Ltd. It is also important to remember that Bob is also a director and a shareholder. Therefore, there are two discreet issues here: would Ann be able to remove Bob as a Director (this option will not remove Bob as a shareholder). Alternatively, Ann may wish to petition for a winding up of the company, Clippers Ltd as the basis to firmly end Bob's involvement in Clippers. However, this option is likely to raise considerable debt issues in relation to the rights Mo will have for the return of her investment and the money owed to Dry Ltd. 2.0 Removal of Bob from ... Show more content on Helpwriting.net ... If Ann wishes to use this CA 2006 procedure, she must ensure that all of the formalities are complied with, including the need for notice to be given to all shareholders, including Bob, so that he has a right to protest his removal as director at a meeting. However, the success of this depends on whether Mo will have voting right in respect of this motion which is contingent upon her dividends being in arrears. On the basis of the facts the cumulative profits of the business would be at ВЈ70,000 which would entitle Mo to around ВЈ3,500 of dividends. As the facts suggest that Mo has only received ВЈ2,500 dividends, it seems likely Mo will be able to vote on this resolution on the basis of the articles of association. If Ann is fully determined to remove Bob from Clippers Ltd, then the only option may be to wind up the company which would bring Clippers Ltd to an end and allow Ann the freedom to commence a new company. If Ann decides she firmly wants to end Bob's involvement by winding up the company, she may be able to petition the court for a 'just and equitable' winding up of the company. Under section 122(1)(g) of the Insolvency Act 1986 (IA) a "company may be wound up by the court if the court is of the opinion that it is just and equitable that the company should be wound up". In Ebrahimi v Westbourne Galleries Ltd House of Lords confirmed this ... Get more on HelpWriting.net ...
  • 34. Strengths And Weaknesses Of Parliamentary Democracy Vlad Ivanov Upgrade essay AP GOV Ms.Taylor Explain what the term parliamentary sovereignty means in the British political system. Parliamentary sovereignty is the most important part of the UK constitution. It makes Parliament the supreme legal authority in the Britain, which can create or end any law. Essentially, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Analyze the strengths and weaknesses of parliamentary democracy. Parliamentary democracy vary in significant ways with advantages and disadvantages in both cases.Let's take a closer look on them. Strengths (Advantages): In a parliamentary system, with a collegial executive, power is more divided. It can also be argued ... Show more content on Helpwriting.net ... Executive is separated into useful groupings, and every department has a leader directly accountable to the Parliament, as a result department head are more responsible. Weaknesses (Disadvantages): For any party to gain majority power is almost impossible without building coalitions and working together. Coalitions can be tenuous, and when they fail the government must reorganize and choose new leaders. Instability makes progress difficult. The direct connection between legislative and executive branches signifies there is efficiently no check on either power in the other. There is a small incentive for bigger parties to disburse some attention to the small party concerns. As a result views ignored or unheard. What are the differences between the major political parties in the country? Conservative: Conservative Party, byname Tories, in theUnited Kingdom, a political party whose guiding principles include the promotion of private property and enterprise, the maintenance of a strong military, and the preservation of traditional cultural values and institutions. Since World War I the Conservative Party and its principal opponent, the Labour Party, have dominated British political life. The membership of the modern Conservative Party is drawn heavily from the landowning and middle classes – especially businessmen, managers, and
  • 35. ... Get more on HelpWriting.net ...
  • 36. Review the Laws Related to Security and Privacy of Data ss| | | | | | | | Review the laws related to security and privacy of data In this document I will be discussing the laws that are related to security and privacy of datas, I will explain how they relate to the security and privacy of data. Computer Misuse Act 1990 This act was introduced to prevent users hacking. This also stops them entering a computer, programs or files without authorisation, this act is in place to prevent users to use the internet without permission to cause an act of crime and also prevents unauthorised modifications to a computer. This act does not allow any attacks on a server as this is illegal. Hacking into a computer is not allowed as it can disrupt the business as personal information can be ... Show more content on Helpwriting.net ... Copyrights This exclusive legal right that is given to the original artist to print, perform film, publish or record literary and authorize others to do so for their material. This protects a physical expression of ideas , for example someone has an idea to write a book the content that is written in that book is covered by the copyright act as it will be unique to the creator. You do not need to register or claim copyright, this protection is automatic as soon as it is created. If someone steals information or wrongly sells other work or creation for their own financial benefit then this copy right act will protect the original creator and he can claim back the money that has been gained by the person who has taken the material without permission. This protects security and the use of private data as it does not allow anyone to take data or material without the author permission, if this does happen the user who has taken this material can be fined and prosecuted as the products does not belong to them, the author can also decide how his material has been used and if someone breaks his restriction they can also be prosecuted. Open Source This is software or material that is available with the source, this allows users to copy the material and modify the material, the reason for this is because the creators would believe that if someone can edit the material for themselves it will be more useful to another persona and will also allow less ... Get more on HelpWriting.net ...
  • 37. Company Directors Of The United Kingdom : Annotated... DISQUALIFICATION OF COMPANY DIRECTORS IN THE UNITED KINGDOM ANNOTATED BIBLIOGRAPHY 1.Newspaper Article Blitz R, 'Former Rangers FC owner banned as director' Financial Times (London, 30 September 2014) accessed 14 November 2016 This newspaper article brings out a good practical example of the law of disqualification of directors in the United Kingdom. Craig Whyte has been disqualified from being a director for 15 years; the maximum number of years a director can be disqualified, because he failed to avoid conflict of interest. The article sets out details of his offenses which include failure to consult other directors on business decisions, making the club enter into a deal which made it fund its own shares, avoid tax obligations and lastly failed to disclose that he was already banned from being a director for 7 years in the year 2000. However, the exact sections of the law under which he is convicted are not mentioned. 2.Domestic Legislation (United Kingdom) (a)Company Directors Disqualification Act 1986 Before the Company Directors Disqualification Act 1986 (hereafter referred to as the CDDA 1986), the United Kingdom had two pieces of legislation that contained provisions on the disqualification of directors namely the Insolvency Act of 1985 and the Companies Act of 1985. However, these provisions were consolidated in to one central act namely the CDDA in 1986. This Act lays down the grounds of disqualification of directors such as general misconduct, ... Get more on HelpWriting.net ...
  • 38. The United Kingdom ( Uk ) Left The European Union Can you imagine that what will happen when the United Kingdom (UK) left the European Union (EU)? Britain will hold the referendum on Thursday, 23 June. A referendum is a vote for everybody or nearly everybody of voting age can take part. Britons will be able to decide to stay in or exit the union. The referendum will give the opportunity to Britons show what they think again since 1975's poll. Because of the EU from "Economic Zone" changed to "Countries Union", it could affect UK's daily lives and policies. The EU is an organisation consisting of 28 European countries for economic and political partnership. Established during World War Two, leading countries in European stay together avoid going to war with each other. The union's ... Show more content on Helpwriting.net ... This article will explain by quoting figures from experts and academic articles, focus on such as the business, the environment and the immigration. Show the impact if the UK left the union, to prove that UK should remain a member of the EU. Body Paragraphs Firstly, the first paragraph will talk about the relationship of the environment policies between
  • 39. EU and United Kingdom. Dr Charlotte Burns is an expert focus on EU environmental, work at environment department, University of York. He thinks that British focus a lot on business, environment policy also should not be ignored. EU have a lot of helpful on the European environment. It has been strictly supervising environmental policies of the member state and to the implementation of EU law forcing them to publish reports regularly. If UK quits the EU, Britain may lose the pressure from the European Union, so that future environmental policy setbacks. Dr Charlotte Burns 's point of view, make sure Britain can keep improving the policies for the climate change and the circular economy, the kingdom stays the EU is necessary, which would be helpful for the UK have a healthy population and clean environment in the future. The EU is leading an international environmental protection, if the Britons left, the EU environmental laws would not constrain the UK, such as bathing ... Get more on HelpWriting.net ...
  • 40. Unit 525 Inter Professional Working Essay 1.Understand the principles of inter–professional working within health and social care or children and young people's setting. 1.1 Analyse how inter–professional working promotes positive outcomes for individuals. Inter professional working is formed from different health and social care professionals working together towards a common goal to meet the needs of a service user. It is about developing relationships within and between organisations and services involved in planning and delivering care andsupport to the service users we support. By working collaboratively it brings together different types of professionals to share their particular knowledge, experience, skills, occupational values and perspectives to improve service ... Show more content on Helpwriting.net ... Good working relationships are built over time, this creates trust, respect and smooth running of the service. This is apparent at reviews and other meetings when everyone involved with an individual will be brought up to date with any progress or issues. Then any decisions or agreements can be made because everyone involved has an opportunity to voice their opinions/concerns. This leads to a positive outcomes supported by all involved. If there have been previous agreed actions not carried out then this environment makes it easier to remind others of the things that need completing. Also if others are having difficulties in fulfilling their agreements then they will find it easier to ask for help. Respect for each other should be maintained, remembering that we are all working for the best possible outcome for the individual. There is a need to monitor and review working relationships, if conflict or lack of communication is a problem there is a need to establish a reason for this and look for a resolution acceptable to all parties and identify areas for improvement. One way to maintain a good working relationship is to have regular contact not only verbal but face to face contact through meetings at least monthly, this provides opportunity to discuss any concerns or maybe just have a chat about things in general, also keep in touch via email and telephone. It can create problems if the only contact they have is when there are problems as this may give ... Get more on HelpWriting.net ...
  • 41. Boots Is The Biggest Chain Company Essay Introduction Boots is a limited company here in the United Kingdom that was founded in 1849. Around 167 years a go by John Boots with its Headquarters in Nottingham in the United Kingdom. Boots operates a number of stores in the United Kingdom and Ireland in the High streets, Shopping centres and where it employs around 70,000 in the United Kingdom and around 19,000 in Ireland. Boots is the biggest retail company in pharmacy, health and beauty industry with over 2500 stores in the United Kingdom. However, in 2006 the company's former parent the Boots Company PLC merged with Alliance UniChem to form Alliance Boots. In 2007 Alliance Boots was bought by Kohlberg Kravis Roberts and Stefano Pessina and they took the company private with its Headquarters in Switzerland. In 2012, Walgreens, the giant USA drug company Invested 4.3 billion in cash and shares to a acquire a 45% stake in Alliance Boots and as a result it became a subsidiary of the new company Walgreens Boots Alliance where they sell medicine, beauty products, health, optician and hearing services to the public. According to the Annual report of 2010/2011, Boots operates in more than 25 countries employing more than 155,500 members of staff and dispensing more than 250 million items each year. Their operations are in: – Flagship stores with offers of the widest range of products and services. – Local pharmacy – Community stores that focuses on Healthcare – Health and beauty – convenience and high street stores – ... Get more on HelpWriting.net ...
  • 42. Historical Development Of Statutory Protection Chapter 1: The Statutory Protection The historical development of statutory protection to workers within employment The development of employment law has brought many changes that have affected the rights of the worker and the rights of the employer. Thus it is essential to outline the history of where such limitations might have accrued in the law. Although, references in this title will not stretch so far to the Combinations Act 1799, it does however pinpoint offences that continue to link with the most recent form of document. By attempting to persuade one to not work or even to refuse work to a person is still an offence. Trade unions expanded throughout the years where the significant Master and Servant Act 1867 brought out the ... Show more content on Helpwriting.net ... The link between this and the Equal Pay Act in 1975 also began the Sex Discrimination Act which prohibited discrimination against potential job applicants and employees on the grounds of sex and marital status.[6] Bowers points out that the 1974–76 legislation was very difficult to the nation where even more strikes occurred.[7] However, the Conservative legislation between 1980 and 1995 was introduced to tighten those abused powers of the employers and unions from the Employment Act 1980. Some may argue that this did little to the operation so throughout the years further development was made with regards to equal treatment, pension schemes, and individual employment rights. Overall it was combined within the Employment Rights Act 1996 where these provisions from Employment Protection (Consolidation) Act 1978, the Wages Act 1986 and the Employment ... Get more on HelpWriting.net ...
  • 43. The Pros And Cons Of Tort Law Within Tort Law it has been acclaimed by most, that UK courts are not in favour of negligent claims brought against the police force. 'There is no doubt that a police officer owes a duty to protect the public' However, in many regards the police aren't found to be guilty to owe any such duty. The Tort of negligence proclaims that one must be owed a duty of care to claim, otherwise negligence caused to the claimant due to the conduct of the defendant, is held without regard. As stated in the Police Act 1964 "The chief officer of police for any police area shall be liable in respect of torts committed by constables under his direction" It was firstly suggested that the 'courts show willingness to invoke public policy principles of immunity where certain groups of defendants were sued in negligence' , to which the case facts in Hill v Chief Constable of West Yorkshire Police [1988] will shine light on. Moreover, one may suggest that the emergency services should be free to carry out their line of work without the conscious threat of liability. If one was to act in such a way as that which threatened overriding liability, it is questionable as to whether an officer would act in a defensive state of mind, as stated by Lord Keith in Hill . It may well be considered that the courts specifically deny claims against the emergency services, invoking public policy, as observed in Capital and Countries Bank plc v Hampshire CC [1997] and John Munroe Ltd v London Fire and Civil Defence Authority & Others [1997] . The fire brigade, like the police force are too exempt on the grounds of no duty is owed to an individual if an emergency call is not responded to. Policy is essentially concerned with the notion of Duty of care and maybe considered the fourth element required for a negligence claim, primarily used to disregard claims against the police. The principles of duty of care are centred around the cases of Donoghue v Stevenson (1932) , Hill and Caparo Industries PLC v Dickman [1990] . The case of Donoghue v Stevenson [1932] has been instrumental to the foundations of Tort Law, following the notion that since this case 'negligence has rapidly developed into the cornerstone of our system for compensating ... Get more on HelpWriting.net ...