Business Law Limited Liability Framework

Question: Describe about the Business Law for Limited Liability Framework. Answer: 1. With Joe incorporating Roberts Boating private limited, the key advantages the company will receive are as follows: - Management of the company- Operating a limited liability organization requires less paperwork and administrative. A limited liability organization does not issue stock certificates nor hold regular meetings. Auditing and record keeping are less tedious relying on the requirements of the members. There is no maximum or minimum number of members in the limited liability company. The owner of the company can take all the decisions and can also hire members to form a management team that would run the organization. Limited Liability of company Registering the business as a limited liability company, Joe can run the company with much ease. Incorporation under limited liability will receive much greater tax exemption creating profitability for the company. It also helps Joe in the mitigation of personal liability and the protection of given assets of the corporation (Baxt, Harris and Finnane 2013). It will also help Joe in capping the liability of towards the creditors of the company. Raising capital becomes much easier for Joe once the company follows certain decorum. Tax While the normal marginal tax rate for individuals working under normally registered business name stands at 47%, incorporating a corporation in Australia will have a flat tax rate of 30%. Joe has to pay taxes based on the capital gains of the company. Joe needs to pay tax on its accessible income based on the company tax rate, and the company can further be applicable for tax deductions (Baxt, Harris and Finnane 2014). This will help the company save a lot of money in the form of funds which can be spent in other functioning of management creating profitability of the company. 2. The procedures that Joe had to follow under the Corporations Act 2001 to register the Roberts Boating Pty Ltd are as follows: To register the company, Joe should lodge an application with the ASIC. The application should state the following: The type of organization that is to be registered under the Act; The proposed name of the company (Burrell and McGinn 2009). The address and name of each individual who will become the member of the company; The family and present given name and place and date of birth of each member who will become; the director of the company; The family and present given name and place and date of birth of each member who will become the company secretary (Davenport and Parker 2011). The address of each member who will become the company secretary or director; The address of the proposed registered office of the company; The address of the principle place of the business of the company (if it is not address of proposed registered office); Joe has to follow the procedure as the company is limited by shares The class and number of shares in writing each member agrees to take up The amount each member agree to pay for each share in writing Whether each members share agrees to take up would be fully paid on registration If those amounts are not be fully paid for registration the amounts each member agrees to be unpaid on the shares (Gibson and Fraser 2007). The application should be in prescribed form Joe should have the agreements and consents referred to in the subsection 2 when the application is lodged. Joe should give the agreements and consents to the organization after the organization is registered. The company should keep the agreements and consents. On the basis of subsection 5 an offense would be considered as strict liability. The internal management rules of the company would be governed by the provisions of section 134 of corporation act 2001. 3. The Joe's liability is discussed if Robert's Boating Pty Ltd cannot fulfill the order of Perth Sea Rescue is discussed with following the four step process. Step 1: Introduce the area of the law The area of the law focuses on the fulfilment of the order undertaken by Robert's Boating Pty Ltd seems to be consisting of 5 boat order for the Perth Sea Rescue. This law area is focused with considering the liability of Joe who is appointed to the company on January 2016 (Mo 2012). Step 2: Discuss the applicable law to solve and quote relevant cases and the sections of the Corporations Act 2001 (Cth) where applicable. The application of the law of Corporations Act 2001 (Cth)-Section 140, depicts the appropriate establishment if the resolution process regarding the effect of the issues created by the organization. As per the law of the liability of Breaching of contract, if the buyer failed to pay the amount as per the contract depicted, then the seller is liable for cancelling the order with 5% refund on the total amount (Solomon 2009). As per the contract, Joe will have to pay an amount if Roberts Boating Pty Ltds contract is cancelled. Step3: Apply the law to the facts to resolve the problem. The laws depicts the liability for the inappropriate execution or the payment order failure for the Joe is undertaken as per depicted in this case study (Symon 2006). It also provides the failure of the contract for which Joe is liable for the failure of the contract. Step 4: Come to a conclusion As per the above discussion, the conclusion that can be drawn is that if Joe is liable for the failure of the contract, then the above mentioned conditions must be implemented against Joe by the Roberts Boating Pty Ltd. 4. As per Australian contract law, a contract is a legal agreement which should have the following elements offer, intention of binding to a contract, consideration, legal capacity, consent and the formalities. In the undertaken case it has been seen Haana a Factory manager of Robert's Boating Pty Ltd performed a contract with ABC Ltd on behalf of the company to buy a machine that manufactures boats from high tensile plastic without informing the managing director of the company Joe. As a factory manager, Haana is entitled to spend up to $25,000 only. Afterward, Robert's Boating Pty Ltd annulled the contract on the following ground: The contract is invalid and unenforceable as according to the constitution of the company the company cannot engage any activities other than producing fiberglass boats and the company has not any capacity to enter into such type of contract (Thomas 2010). And secondly, Haana does have the authority to buy a $40,000 machine as her limit is only $25,000. The first ground of Roberts Pty to terminate the contract: Issue: The Company is involving in manufacturing boats of fiberglass, is the company involve in plastic boat manufacturing? Law: As per Australian Corporation Act 2001(Cth) the company cannot manufacture from the high tensile plastic boat as according to the constitution of the company the company is entitled to manufacture on fiberglass boats (Vickery, Pendleton and Flood 2008). Application: According to the Australian Corporation Act 2001 the production companies' production materials and result or products must be predefined and the companies cannot involve in any production other than the predefined production of goods. Conclusion: The Company cannot involve in any other production, rather than fiberglass boats as per the constitution of the company. However, it is not the headache of the ABC Ltd. Haana is a representative of Roberts Boat Pty Ltd and on behalf of the company she contract with ABC for buying the machine for the Roberts Pty Ltd from the company. As the senior executive of the company Haana should know the constitution of the company thus, as she indulges in this contract on behalf of the company the company Robert's Boat Company cannot avoid the liability of the contract. The second ground of Roberts Pty to terminate the contract: Issue: Whether Haana has the authority to involve in a contract on behalf of accompanying to buy a machine of $40,000 or not. Law: As per the Australian Contract Act, the company representative can perform a contractual duty on behalf of the company. The rules and policy of a company describes the role and responsibility of each member as per the Australian Corporation Act 2001 (Watson, Gleeson and Higgins 2013). Application: Haana can perform the contract on behalf of her company as she was in a position of Sales Manager and representative of the company thus the contract should be valid. Conclusion: Moreover, the ABC Ltd would not see that the limit of spending of Haana is $25,000 as a factory manager. Whether Haana is authorized to spend $40,000 or not the company is liable for the contract by Haana. References Barker, David. 2005.Essential Australian Law. Sydney, N.S.W.: Cavendish. Baxt, R, Jason R Harris, and Edmund Thomas Finnane. 2014.Corporations Legislation 2014. Pyrmont, N.S.W.: Thomson Reuters. Baxt, Robert, Jason R Harris, and Edmund Thomas Finnane. 2013.Corporations Legislation 2013. Pyrmont, N.S.W.: Thomson Reuters. Burrell, David and John G McGinn. 2009.Cornerstone Law Series. [Adelaide]: Law Society of South Australia. Davenport, Shayne and David Parker. 2011.Business And Law In Australia. Pyrmont, N.S.W.: Thomson Reuters (Professional) Australia. Gibson, Andy and Douglas Fraser. 2007.Business Law. Frenchs Forest, N.S.W.: Pearson/Prentice Hall. Mo, John Shijian. 2012.International Commercial Law. Chatswood, N.S.W.: LexisNexis Butterworths. Solomon, Richard. 2009.Cornerstone Law Series. [Adelaide]: Law Society of South Australia. Symon, Helen. 2006.Corporations Act 2001. Melbourne: Leo Cussen Institute. Thomas, Geoff. 2010.Cornerstone Law Series. [Adelaide]: Law Society of South Australia. Vickery, Roger, Wayne Pendleton, and MaryAnne Flood. 2008.Australian Business Law. Frenchs Forest, N.S.W.: Pearson Education. Watson, J. A, Justin T Gleeson, and Ruth C. A Higgins. 2013.Historical Foundations Of Australian Law. Annandale, N.S.W.: Federation Press.

Thirteen Days A Memoir of the Cuban Missile Crisis free essay sample

An analysis of Robert Kennedys book describing his account of the Cuban Missile Crisis. This paper begins with a summary of the Cuban Missile Crisis. The basic plot and the main characters detailed in the book are then identified and the decision-making process is analyzed. A background of the author and origins of the book are provided. A critical analysis of the book follows. Thirteen Days: A Memoir of the Cuban Missile Crisis published in 1969, is Robert Kennedys account of the major symbol (the Cuban missile crisis) of cold war confrontation between the United States and the Soviet Union. In the year 1962, after the Bay of Pigs Invasion, the USSR increased its support of Fidel Castros Cuban regime. In the summer of the same year, Nikita Khrushchev, who was heading the Soviet Union, secretly decided to install ballistic missiles in Cuba. In October, the U.S. reconnaissance flights revealed the clandestine construction of missile launching sites, [U-2 had just finished a photographic mission (Kennedy: 1971, 19)] Which led to President Kennedy publicly denouncing the Soviet actions. We will write a custom essay sample on Thirteen Days: A Memoir of the Cuban Missile Crisis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He imposed a naval blockade on Cuba and declared that any missile launched from Cuba would warrant a full-scale retaliatory attack by the United States against the Soviet Union. On October 24, Russian ships carrying missiles to Cuba turned back. On October 28 Khrushchev agreed to withdraw the missiles and dismantle the missile sites. Consequently, the United States ended its blockade on November 20, and by the end of the year the missiles and bombers were altogether removed from Cuba.

Scholarship Essay Sample For Law Student

Scholarship Essay Sample For Law StudentIt is a good idea to use a scholarship essay sample for law student who wishes to improve their chances of admission into a law school. By reading up on this sample, the student can gain some insights into writing essay for law. The best way to approach it is to put the main points first and then add some supporting details.Any law student who wants to excel in the admissions test needs to study hard. Doing well in the exam and passing the test may not be easy. It requires a lot of hard work and focus. There are many factors that a law student must take into consideration such as the GPA, attendance record, letter grades, essays, references, etc.To be eligible for scholarships, a law student should know the different types of scholarships and other programs that he or she may be eligible for. In addition, the law student should understand how the money given by the scholarship is spent. The student should therefore be aware of what the scholars hip actually does and how to spend the scholarship money wisely. By doing so, the student will surely get the scholarship he or she really deserves.A scholarship essay sample for law student can help him in this area. The essay sample would also serve as a guide in completing the requirements. Law students should also be aware of the deadlines for submitting the required documents and writing skills that are needed for getting the scholarship.A scholarship for a law student should not be given out if the student fails to submit the required documents or does not write the essay on time. Most of the time, the scholarship is given out based on essays, which do not necessarily need to be published. The essay needs to be submitted on time. This can be done by writing it before school starts and as soon as possible.A law student who is serious about winning the scholarship will surely be willing to learn as much as he or she can from the assistance of the scholarship essay sample. The qu ality and type of material presented in the sample can greatly help in writing the essay. A student who has understood how the structure works and what he or she needs to do should not have any trouble applying for the scholarship.Since writing a winning essay is not a simple task, a law student should not just expect to win the scholarship. He or she should also consider applying for a second or even a third scholarship. This will help in building one's resume and ensuring that he or she is highly competitive for any future scholarship that he or she may apply for.The goal of any law student is to succeed in the exam and beat his or her rivals. A law student should therefore study hard and prepare himself or herself in every aspect to make a mark in the exam. Good scholarship essay samples can only help him in this endeavor.

Free Essays on Civil Disobedience

What are the Dynamics of Civil Disobedience and Descent in the United States? The use of nonviolence runs throughout history. There have been numerous instances of people courageously and nonviolently refusing cooperation with injustice. However, the fusion of organized mass struggle and nonviolence is relatively new. It originated largely with Mohandas Gandhi in 1906 at the onset of the South African campaign for Indian rights. Later, the Indian struggle for complete independence from the British Empire included a number of spectacular nonviolent campaigns. Perhaps the most notable was the yearlong Salt campaign in which 100,000 Indians were jailed for deliberately violating the Salt Laws. The refusal to counter the violence of the repressive social system with more violence is a tactic that has also been used by other movements. The militant campaign for women's suffrage in Britain included a variety of nonviolent tactics such as boycotts, noncooperation, limited property destruction, civil disobedience, mass marches and demonstrations, filling the jails, and disruption of public ceremonies. The Salvadoran people have used nonviolence as one powerful and necessary element of their struggle. Particularly during the 1960s and 70s, Christian based communities, labor unions, campesino organizations, and student groups held occupations and sit-ins at universities, government offices, and places of work such as factories and haciendas. There is rich tradition of nonviolent protest in this country as well, including Harriet Tubman's Underground Railroad during the civil war and Henry David Thoreau's refusal to pay war taxes. Nonviolent civil disobedience was a critical factor in gaining women the right to vote in the United States, as well. The U.S. labor movement has also used nonviolence with striking effectiveness in a number of instances, such as the Industrial Workers of the World (IWW) free speech confro... Free Essays on Civil Disobedience Free Essays on Civil Disobedience Henry David Thoreau’s â€Å"Civil Disobedience† So much has been written on Thoreau’s landmark essay on "Civil Disobedience." Indeed, it has been used as a model for modern day leaders like Martin Luther King, Jr., and Mahatma GandHi. Andrew Trask states, "It is important to remember that Dr. King viewed civil disobedience only as one part of a larger program of reform." He continues, "There are elements of Dr. King's "direct action" of civil disobedience that we must consider: "pure" nonviolence, pragmatic action, and finally, the difference between just and unjust laws." These ideas are clearly Thoreauvian in nature. Furthermore, Gandhi advocated the use of civility at all times- â€Å"the civil register†, which extols respect for the opposition and behavior out of understanding rather than anger. And like Thoreau, Gandhi was constantly seeking the higher truth with regard to man’s relationship in the universe. Although these men were the most famous followers of Thoreau’s ideals, this essay had more wide reaching political an! d social impact than most people understand. The Danish resistance (1940’s) used his theory in Occupied Denmark, in 1950's America it was adhered to by stringent opponents to McCarthyism. In the 1960's it was a means of using passive resistance to create pressure for overturning the laws and customs of racial Segregation and in the struggle against apartheid in South Africa. And in the 1970's, it was unearthed by a new generation of anti-war activists. However, it is interesting to note that not all modern day critics agree with Thoreau’s determination towards mass nonviolence. James Goodwin writes: â€Å"Although Gandhi and Martin Luther King, Jr., credited Thoreau as an inspiration to their mass campaigns of passive resistance, in crucial instances his thought appears to be more closely aligned to a doctrine of individual nihilism than to the philosophy of mass nonviolence. One such instance is co... Free Essays on Civil Disobedience What are the Dynamics of Civil Disobedience and Descent in the United States? The use of nonviolence runs throughout history. There have been numerous instances of people courageously and nonviolently refusing cooperation with injustice. However, the fusion of organized mass struggle and nonviolence is relatively new. It originated largely with Mohandas Gandhi in 1906 at the onset of the South African campaign for Indian rights. Later, the Indian struggle for complete independence from the British Empire included a number of spectacular nonviolent campaigns. Perhaps the most notable was the yearlong Salt campaign in which 100,000 Indians were jailed for deliberately violating the Salt Laws. The refusal to counter the violence of the repressive social system with more violence is a tactic that has also been used by other movements. The militant campaign for women's suffrage in Britain included a variety of nonviolent tactics such as boycotts, noncooperation, limited property destruction, civil disobedience, mass marches and demonstrations, filling the jails, and disruption of public ceremonies. The Salvadoran people have used nonviolence as one powerful and necessary element of their struggle. Particularly during the 1960s and 70s, Christian based communities, labor unions, campesino organizations, and student groups held occupations and sit-ins at universities, government offices, and places of work such as factories and haciendas. There is rich tradition of nonviolent protest in this country as well, including Harriet Tubman's Underground Railroad during the civil war and Henry David Thoreau's refusal to pay war taxes. Nonviolent civil disobedience was a critical factor in gaining women the right to vote in the United States, as well. The U.S. labor movement has also used nonviolence with striking effectiveness in a number of instances, such as the Industrial Workers of the World (IWW) free speech confro...

Mobile Phone Use and Distraction while Driving Assignment

Mobile Phone Use and Distraction while Driving - Assignment Example This involves both innocent lives of school children, pedestrians and passengers traveling in crashing vehicles. Others involved are inside buildings upon car crashes when navigating away from the roads for an expected situation. The other category is those who survive from crash injuries. They either receive minor injuries like scratches and intense bruises and sometimes treatable minor body fractures, or the accident leaves them with permanent damage. Physically permanent body injuries could be a damaged spinal cord, amputated legs, paralysis, major brain injury, which could put the victim on a wheelchair all his life, or impair brain function for coordination. All these injuries could translate into costly medical expenses to treat or maintain where impossible to correct, which is another financial burden. Destruction of private and public property that costs the taxpayers’ money to put up or to own are either partially or fully destroyed. Most of the serious car crashes on highways render the vehicles unusable or irreparable. Most of these vehicles result to waste in scrap metals sites in the USA, while minor bends cost more to repair. If properties outside the road are affected too, owners could claim damages for loss of properties. Human-Related Errors that cause Car Accidents Cell phones: Handheld cell phones are recklessly used anywhere without people taking any measures to control themselves. With the advent of new technology smartphones, the majority of the driving youths have this irresponsible use of gadgets. Most cars and trucks accidents, 22 and 71 percent respectively, meet distracted drivers on cell phones chatting, texting, reading messages, or calling (CARRS 1). It is advisable that drivers avoid taking phone calls while driving because it risks causing accidents. If the issue is urgent, they can stop by the roadside and communicate in a rush, rather than trying to handle two tasks at the same time, which is usually disastrous.

Logical Fallacies; Argument Structure Assignment

Logical Fallacies; Argument Structure - Assignment Example It creates the notion that the public sector entities are knowledgeable on cyber security issues as compared to modern enterprises because of the period of service covered (over a decade). Appeal to belief is evident in that assumption because Microsoft attempts to rule out the viability of enterprises in tackling cyber security because they are modern organizations. The target market gets the impression that the ‘older’ company stands a better chance to handle cyber security issues. In addition, Microsoft claims that public sector entities have tackled multiple national and local threats; hence, stand a better chance to handle cyber security threats. Such an assumption indicates misleading vividness. Despite having the experience with cyber security concerns, Microsoft ought not to rule out modern enterprises in their attempt to handle such concerns. Modern enterprises can offer a lesson to the public sector entities regardless of their period of operation. In the adver tisement, Microsoft employs an appeal to fear by claiming that tables may have turned when it comes to matters of security best practices. Such an assumption attempts to overrule the general belief that public sector entities can derive important lessons from modern enterprises. The target market gets the impression that though the modern enterprises offer valuable lessons to public sector entities, the public sector entities are invincible in matters of cyber security. Logical fallacies exist in every research or argument. People utilize logical fallacies to satisfy their arguments; hence, establishing subjective arguments and judgments. However, it is important to be aware of logical fallacies. In the Microsoft advertisement, the company attempts to market its security services to the target market. With the increase in cyber security threats, individuals and organizations worry about the security of their databases and key technologies. Microsoft

Healthcare Consent legislation Essay Example for Free

Healthcare Consent legislation Essay Healthcare Consent legislation applies to everyone above the age of 18 (some places 16) and has the following rights (Ref 1) 1)The right to give or refuse consent 2)The right to choose a particular form of healthcare on any grounds including moral or religious grounds 3)The right to revoke consent 4)The right to expect that a decision to give, refuse or revoke consent will be respected 5) The right to be involved to the greatest degree possible in all case planning and decision making Mostly all nursing actions are an invasion of a person’s privacy and giving consent is carried out by going into the hospital or being treated at home. So one can say that consent is based on the principle of respect for a fellow human being. (Ref 1,2) This legislation tells me that all patients and clients have a right to receive information about their condition. As a nurse I should be sensitive to their needs and respect the wishes of those who refuse or are unable to receive such information. (Ref 1,2) For instance, there may be a language barrier and I should not just go about reading the consent form in English, rather I should arrange for a interpreter or find a nurse who speaks the clients language. I also respect their decision of autonomy-their decision to accept or decline any health intervention even if a refusal means loss of life, example Jehovah s witness refusing blood transfusion. The client will now have alternate options given by the Health Care Providers. Informed consent is obtained by a legally competent person, who voluntarily accepts or declines the consent after being informed of the treatment including side effects, adverse effects.(Ref 1,2) Many people are frightened by unfamiliar medical procedures and interventions and may thus want to back off from any treatment. This decision should be respected, and the client should not be forced into taking any of these medication or treatment. Rather the nurse can educate them to the best of her education and training if the client wants to know about it. Historically dating back to 1914, it was Justice Cardoza who changed the concept of research ethics involving human beings. The foundation of modern day informed consent is based on his statement â€Å"Every human being of adult years and sound mind has a right to determine what should be done with his (or her) own body.†(3) There were many historical events that lead to present day consent acts. Some of them were as follows (ref #3) 1) Tuskegee Study of Untreated Syphilis in Black  Men (1932-1973) 2) The Nuremberg Code as a result of the Nazi Medical Experiment during World War II (1947) 3) The Thalidomide experiment that resulted in birth defects (1950) 4) The declaration of Helsinki (1964) I feel these events all had a big role in shaping modern day HCCA and Consent legislature.Previously, a simple consent question would be â€Å"did the patient agree to surgery?† (Ref 2), which now has evolved into â€Å"Did the physician provide the patient with adequate amount of information for the patient to consent?† This newer version of the legislation allows the nurse to participate in proper advocacy so as to promote patient autonomy in self-determination. Initially informed consent meant saying â€Å"YES† to any treatment or intervention laid out by the physician and advocated by a nurse (Ref 1). Now informed consent means being able to say â€Å"NO† and this in itself is a part of exercising ones autonomy.(Ref2)Nurses should practice with the knowledge that clients must consent to be touched ,to have treatments administered , to undergo surgery, for bathing, positioning, taking vital signs, physical assessment ,changing dressings, venipuncture,wo und irrigation, catheter insertion just to name a few. If a patient or client is not capable of giving consent then besides the HCCA (1996) Ontario does have the Substitute Decision Act(1992) SDA . This act allows a substitute decision maker –a spouse, a relative, a parent and in the absence of these someone can be appointed by legal authority if the patient has not indicated otherwise. In emergencies where the priority is preservation of life, a nurse or HCP can provide care to the patient or client without their consent if they are incapacitated, provided it is demonstrated that this action was carried out in the best interest of the patient or client.(Ref 1) In conclusion, I can say that nurses are patient advocates and an essential member of the healthcare team contributing meaningfully to the informed consent process. There are many barriers to the HCCA especially in terms of informed consent, but the well informed and knowledgeable nurse is competent enough to have a thorough understanding of her clients’ needs. She being the clients best advocate will implement the informed consent procedure so as to maintain the clients’ autonomousity so that he or she can maintain their self-determination. This legislation has allowed nurses to be accountable for the best interest of the client and  carry out their role as a client advocate.