Company law Assignment Example | Topics and Well Written Essays - 2250 words

Company law - Assignment Example The firm which was formed five years go in the town of Oldchester is therefore, a partnership for a fixed term with written set of partnership articles. The partnership deed is a contractual agreement between the partners in a given partnership. It stipulates guidelines and the relationship between the partners and between the partners and third parties such as the firm. When former their partnership, the three partners, Lindsay Peart, Mary Hope and Janine Foster had drawn a partnership deed. One of the clauses which are in the deed is 18 on the conduct of partners and condition for expulsion of a partner. Of late, the partnership has been parting in the midst of a crisis caused by uncouth conduct of one of the partners, Lindsay Peart. Lindsay has been away from the daily management of the partnership on the pretext of sickness. However, the other two partners have information that she had actually been convicted and fined for criminal offence for damage. To make matters worse, her s ocial behavior has had negative effect on the firm image. It is alleged that she had written some swear words on the wall of a Bank in the town with spray paint while under the influence of alcohol. The behavior of Lindsay has become unbearable prompting the other two partners to consider expelling her from the partnership. ... The process of expelling Peart from the partnership will be heavily guided by the clause 18 of the partnership deed and the partnership Act of 1890 (HM Revenue &Customs, 2011). The clause 18 advices Mary and Janine to follow the due process; by writing to notify her of their intention to exorcise her from the partnership. The notice can be served to her in person or be left the partnerships’ office (Mesriani Law Group,2011). In the notice, Mary and Janine should quote extensively clause 18 to make Peart aware of the grounds for expulsion. Notifying her of the reason for expulsion will avoid loosing a legal case as happened in Barnes v Young where it was rulwed that the partnes had an obligation to notify the expellee on reasons for expulsion. The apparent absence of Lindsay in the firm has been the major cause of the upheavals resulting in the halting of the extension project and the resulting legal battles with the contractor. Initially, the firm had entered into a contract w ith standard Construction Ltd to extend the premises by adding a new entrance hallway to their office. Standard Construction Ltd successfully sued Foster, Peart and Hope Architects for damages amounting to ?4,000 for the work completed. Why place the blame on Lindsay, one would ask. As a matter of fact, Foster, Peart and Hope Architects are a partnership where the partners are actively involved in the running of the business on day to day basis. The three partners share duties and other roles within the firm. Apparently, Lindsay Peart was directly responsible for the implementation of the extension project, leaving the other two partners to concentrate on other

Ethics and Global Warming Assignment Example | Topics and Well Written Essays - 2250 words

Ethics and Global Warming - Assignment Example This study will illustrate how the ethical analysis and evaluation can help to realize the nature of climate problem and restriction on potential solutions. In order to do so, the study will concentrate on how the climate change threatens the essential value. Moreover, this study will raise serious concerns of responsibility and fairness. Global Climate Change and Ethical Action Challenges Global climate change is most serious challenge towards ethical action. Climate change can be described as the appropriate moral storm as it brings several key challenges to the ethical action. Climate change is truly a global phenomenon. Emission of greenhouse gases is the major consequence of global warming. This greenhouse gas emission is affecting the planet. Increasing greenhouse gas emission can increase the average surface temperature of globe. It is true that all countries in the world are collaboratively trying to reduce the level of green house gas emission, but on individual basis, each country prefers to continue greenhouse gas emitting. Several unethical business practices and increasing green house gas emission is one of the major reasons behind the global climate change. Therefore, it is important for all the countries and states to minimize the harmfulness of the climate change in order to save future global generation. Emission of green house gases should be reduced significantly as soon as possible (Jamieson, 1992). Moreover, it is the responsibility of the developed countries to take serious initiatives so that other countries and states can follow the p athway.... Emission of this greenhouse gas is contributing to negative impacts on climate for centuries. It is unfair if these negative impacts are cumulative and severe. Moreover, temporal diffusion can create several collective ethical action problems. It is more challenging comparing to the common traditional tragedy. Underdeveloped theoretical tools in several relevant areas, such as intergenerational ethics, international justice, scientific uncertainty and strong relationship between nature and human being is another significant challenge to the ethical actions. For an example, global climate change can raise questions about the moral value of several nonhuman natures, such as obligations to protect unique place, nonhuman animals and rest of the nature. In addition, potentiality for catastrophic results and existence of scientific uncertainty put pressures internally on several standard and effective economic approaches to several environmental problems. Moreover, these will play an impor tant role in the arguments for the defensive approach in the environmental policy and law. Global climate change is raising several questions about how an individual should relate to the nature and nonhuman animals. Addressing Global Climate Change Environmental damage has become one of the most important global threats. Heating up atmosphere due to deadly methane and carbon dioxide gas emission is affecting modern day civilization. Majority of the individuals feel that acceptance of the global warming is a natural phenomenon. On the other hand, according to various environmental scientists, global climate change is the major consequence of global warming. Several unethical and irresponsible human activities are major key drivers of global

The Obamacare Research Paper Example | Topics and Well Written Essays - 750 words

The Obamacare - Research Paper Example The second objective of the program is to create stock exchange for insurers, which will purchase insurance at a reasonable price to those Americans who dont have it yet. At the same time, Obama is going to provide loans and preferential prices for those businesses and individuals who do not have sufficient resources (Tate, 12). The third point of the plan provides the introduction of compulsory health insurance, which would reduce unplanned budget expenses for treatment of uninsured persons. This innovation will affect only those individuals and institutions that will be able to pay the appropriate fees (Tate, 12). Thus, I consider that this reform is necessary for the USA. The current medical system differs with unresolved interaction between the public and private sectors. Despite the fact that the government allocates huge sums into the health care system, it has no effective levers of control over prices and costs of services and drugs and it will get those levers due to this reform. So, as you see, this plan would entail mainly positive effects. The average American will likely see a reduction in the cost of his health insurance, and up to 30-44 million citizens who now do not have insurance will get access to insurance coverage through Medicare, Medicaid or public insurance plans (Wilensky). In addition, they will be able to include in their insurance the child until he will reach the age of 26. It wont depend on whether a child has own family or whether he lives with parents/separately/on the university campus or whether he depends or not on parents financially. Previously, this kind of insurance was limited by age of 18 years. ObamaCare also brings unprecedented reforms in Medicare for pensioners. Now they do not have to pay a certain amount of money from their own pocket – the program will cover it. Millions of pensioners are already exempt from additional payments "out of

Workplacement Research Paper Example | Topics and Well Written Essays - 6000 words

Workplacement - Research Paper Example This phase is seen as the initial step towards career development (Billett, 2009). Considering the fact that work placements provide an avenue for the learners' to get a sense of what they will be facing in the future absent the threat of dismissal or unemployment and with the added incentive of learning for education's sake, work placements appear to be mechanisms aimed at ascertaining the well-being of the students (Neill and Mulholland, 2003). 1.b. Aims of the Report This report aims to: illustrate how students who undertake work placements perform under a setting wherein they are able to put theory into practice show how work placement is able to provide the students with a sense of awareness of the existent culture in their chosen field provide the readers with a glimpse as to how work placement may be considered as a preliminary step in entering the world of work; and, discuss work placement from the point of view of a student undertaking such with concrete and in-depth views o n the matter as to its perceived benefits and possible detriments. 2.a. Researching the Report / The Evidence Base Researching the report has been a challenging task. A lot of works have been written about work placement and there have been several opinions available through the internet. Prior to my engagement, I have done research and read on work placement. I wanted to prepare myself as to what to expect during the conduct of the work placement and what I should bring in order to become an asset to the organization that I will become a part of. Garavan, Hogan and Cahir-O’Donnell (2003) considered learning as a process brought about by the development of a series of actions and events. That is, learning is not to be confused or considered as an outcome of these... Researching the report has been a challenging task. A lot of works have been written about work placement and there have been several opinions available through the internet. Prior to my engagement, I have done research and read on work placement. I wanted to prepare myself as to what to expect during the conduct of the work placement and what I should bring in order to become an asset to the organization that I will become a part of. Garavan, Hogan, and Cahir-O’Donnell (2003) considered learning as a process brought about by the development of a series of actions and events. That is, learning is not to be confused or considered as an outcome of these developments (Garavan, Hogan and Cahir-O’Donnell, 2003). Furthermore, Garavan, Hogan, and Cahir-O’Donnell (2003) maintained that as a process, learning encompasses the following principles: ï‚ § that learning is not just about knowledge as it also about values, beliefs, insights, attitudes, habits, feeling, shared awareness, shared understandings, and skills; ï‚ § that learning outcomes should not be construed as a singular momentous event but rather as an incremental and gradual transformation; ï‚ § that learning as a process is a struggle which necessarily entails conflicts often concerning aims and outcomes; ï‚ § that learning is essentially individual but may likewise be collective in instances where the experience is shared; ï‚ § that there is no singular pattern or behavior in learning; ï‚ § that in order to learn, skills such as questioning, listening, challenging and enquiring are necessary;

The Acme Company Case Study Example | Topics and Well Written Essays - 500 words

The Acme Company - Case Study Example The Acme Corporation is looking for an international bank to manage its bank related operations on a global scale. Citibank is considered to be one of the biggest banks of the world and it has operations all over the world. The bank is located in more than 100 countries and it has more than 200 million customers around the world. Compliance is the biggest issue in corporate banking and Citibank's fraud management team is considered to be the best in the business. Acme's banking issues can easily be resolved by Citibank because of their swiftness in operations. Among all the international banks Citibank has more branches in Asia and in the Middle East as compared to all other international banks. The bank can tailor made the services and provide effective services for global organizations. In the case of managing the working capital "Citibank" is the best choice because it provides services like liquidity management, international and domestic clearances, check outsourcing systems etc. The bank offers internet bases banking and swift transfer through the wire transfer options. The centralization of cash can be done easily through Citibank. The clearing service of Citibank is amongst the top in the world and the frequency of transactions is $1 trillion per day.

Factors Involved in Fraud Cases with External Auditors Essay

Factors Involved in Fraud Cases with External Auditors - Essay Example As financial statements represent the functioning of the management, it is essential to maintain authenticity and reliability for avoiding fraudulent actions, while preparing such reports. The auditors express their views associated with the maintenance of authenticity and transparency by the management. They have been given the authority to assess these financial statements of organizations in order to judge the transparency of such information. They gather evidences in order to assure that the figures appearing in financial statements do not include material misstatement. The credibility of such reports is incremented by means of the audit process carried out by the auditors. These reports audited by auditors have huge impact on the decisions of investors, bankers, creditors and other stakeholders. The economy is struggling hard for recovering from a tumultuous situation which is infested with severe corporate scandals associated with misconduct of the auditors which have resulted in losing investor’s confidence. Presently, greater emphasis is given on improving the credibility, accountability, transparency and trust associated with the information provided in financial statements (Romero, 2010). The present structure involved in the audit process seems to be very problematic. Most of the big organizations generally pay their auditors by means of a third party known as the ‘audit system’. There are cases where clients make these payments directly to the auditors. In such cases, there is an added incentive paid by the clients to the auditors for delivering favourable news. Now the question which arises is whether such actions affect the real performance of auditors or influence them to lose their independence (Cooper & Neu, 2006). Actually, it does affect the real performance of auditors, thereby reducing the transparency and authenticity of the information in their audit reports. The auditors manipulate the figures in these financial state ments in order to earn high incentives. This has become one of the most remarkable issues requiring urgent attention in the present scenario. The thesis would be conducted on the topic, ‘Factors involved in fraud cases with external Auditors’. It would be done by dividing the entire analysis into three segments. The study would highlight that the auditors are influenced in three different ways: conflict in interest, double positioning threat and finally, the familiarity threat. Analysis Conflict in Interest The auditor’s independence is the major area of concern in this study. It is known that the managers have an interest in misrepresenting, exaggerating or manipulating the information provided in the financial statements of organizations. It is expected that an independent audit report must provide unbiased and credible appraisal related to the financial status of an organization. The significance of the auditor’s independence has been shown in American Institute of Certified Public Accountants’ (AICPA’s) Code of Professional Ethics. It has been made mandatory by various legal decisions, which are provided by the Supreme Court of United States, in their opening quote. Recently, there was a series of events which has raised questions regarding the independence involved in the present practices related to accounting.  

International Politics Essay Example | Topics and Well Written Essays - 2500 words

International Politics - Essay Example veral have maintained that realism was possibly well appropriate to the climate of the conflict between the East and the West, but is not relevant to the contemporary period that has followed it. Realism stipulates that nation-states are interested largely with the objectives of defense and survival. Their conduct, hence, is controlled and stirred by the dominant distribution of power within the realm of international relations. The post-Cold War era, as some observe, demands various conceptual instruments to understand the functioning of international politics. Specifically, these detractors of realism argue that the contemporary period can be described by such a multitude of transnational economic relationships, migratory and cultural interaction, and computer- and information-mediated communication that the traditionalist realist vision of nation-states as major and self-governing players in world politics is old-fashioned (Patomaki 2002). Furthermore, not merely has the pivotal incident of the Cold War era prompted detractors of realism to appeal for a new theory to suit a new environment, but some have emphasized that realism evidently falls short to give detail on the transformation of the bipolar Cold War setting to a new form. The failure of realism to elaborate on the transition itself demands a shift to a new-fangled theory or even theories. This essay will examine the importance of developments in the theorization of post-Cold War international politics. It is unsurprising that the decline of the Soviet bloc, perhaps the one of the greatest catastrophes of the twentieth century and incident which marked a division between the two World Wars, would create a number of critical theoretical concerns for international politics. Consequently, this will reveal hypothetically that concerns in post-Cold War international politics can be used to evaluate one of the traditional theories of international politics, realism. Several scholars of international