Regulating Enterprise Law and Business †MyAssignmenthelp.com

Question: Discuss about the Regulating Enterprise for Law and Business Organisation. Answer: Introduction: Any desired person who wishes to initiate business can do so in the form of a sole trade ship, a partnership or a company. The corporation Act 2001 is the guiding legislation that governs the working of a company. A company is incorporated when the same is registered as per the governing Law of the country. When a company is granted registration, then, as per Salomon vASalomon Co Ltd a company is regarded as an entity which has its own existence in Law. The separate legal existence rule simply qualifies that a company is not to be associated with its officers and is an artificial person and is capable to file suits, acquire properties, etc. The company indulges itself in its own actions and in its own name and will not render the officers accountable of the same. Even if all company officers die, still, the company survives and never dies. In Salomon vASalomon Co Ltd, a company is formed by one single person and it was held by the court that even if the company is incorporated by one single person still it is distinct from him and can take actions in its own name. The concept of separate legal entity was retreated in Lee v Lee's Air Farming Ltd wherein the director/shareholder was also its employee. He died while serving his employment duties and the court upheld the claim of widow and considered that the director/shareholder should be considered as the employee. A company is capable to enter into a separate contract with the direct/shareholder and the same will be distinct in nature. In Industry v Bottrill, Magnatech UK Ltd in which Mr Botrill was the Managing director. He was also the shareholder and was also entered into an employment contract. It was held by the court that a shareholder can become the employee and both are distinct in its capacity as the company is a separate legal entity in the eyes of law. Thus he was allowed to seek unpaid wages of worth 346.15 a week from the National Insurance Fund. This esteem principle of separate legal entity has its own set of disadvantages. There are times when this veil that makes a distinction amid the company and its officers is to be pierced. This is called piercing the corporate veil of the company. When the veil if pierced, then, the company losses its personality and the officers are held liable directly for the acts of the company. The acts of the officers are the acts of the company and vice versa and the officers and be held directly liable for the same. In one of the principle cases of Gilford Motor Company Ltd v. Horne, the veil is pierced on the ground that fraud is committed by availing the benefit of separate legal principle concept. A company in the name of Gilford motors has employed Mr Homes. It is contractually decided amid the company and Mr Home that he is not permitted to implore the company employees post his job. Mr Home was acquainted with most of the company employees and the restriction is imposed to protect the business and good will of the company. But, Mr Home formulated a company in the name of his wife and has implored most the Gilford motors employees. The main plea of Mr Home was that the company was established by his wife and being the separate legal entity he has no association with his wifes company and thus there is no contractual breach on the part of Mr Homes. But, the court held that the main intention for the establishment of the company by the wife of Mr Home was to deceit Gilford motors and to avoid the contractual breach. But, in such situation, the veil of the company can be lifted and the company established by Mr Homes wife should be considered as the company formed by Mr Home only. Thus, he has violated the term of the contract that was framed with Gilford motors. Thus, the main question that arises is to what extend the restrain clauses are permitted and when they are legal. Restrain clauses are those clauses wherein the employer in order to protect its confidentially, good will, etc imposes restrictions on the employees and does not allow any employee to transfer the information of the company to any other person. The restrain clause is only enforceable when the same is part of the employment contract. The restrain clauses normally incorporate two kinds of restrain, that is, to prohibit an employee to work at some geographical region or to prohibit to carry the trade for some specific time period and is analyzed in Murray v Yorkshire Fund ManagersLtd. Any restrain clause which is availed by the employer is valid provided, firstly, the restrain is obtained by an employer to protect his valid interest in Law; secondly, at times the transportation of information by the employee may hamper the reputation and good will of the company which has been built over the years. So, in order to protect such good will which may get hampered because of the transportations of the information can be secured by relying on the restrain clause; thirdly, the disclosure of information by the employee may also hinder the companys confidentiality and in order to protect the same the employer is allowed to rely on the restrain clauses. But, the clauses that are imposed on the employees must be for a limited period of time. It was found in number of cases that the justified prohibition is from 1 month to 2 years. Any restriction beyond such period is found to be unjustified and such restrain clauses are found to be inoperative in nature[15]. If the employer wants to rely on the restrain clauses which prohibit an employee beyond two years that the employer has to prove that the imposition is justified on the ground of confidentially, legal interest or to protect goodwill. If the employee violates the restrain clause that is imposed upon him then he can be penalized and must face compensation, damages and injunction actions. Application of law Computers Pty Ltd is the company which was established in New South Wales. Chu was the operations manager and is acquainted with most of the company secretive and important information. He was working with Computers Pty Ltd from last five years but on attaining the age of 50, he was retired from Computers Pty Ltd. The Computers Pty Ltd was dealing in hardware/software business. Since Chu is acquainted with most of the confidential information of the business and is aware of the Computers Pty Ltd working, thus, he was prohibited to deal in the similar business in New South Wales for a period of two years. Thus, a restrain is imposed on Chu for two years. The clause that is imposed by Computers Pty Ltd on Chu is legal and valid because Chu was the operational manager and is aware of all the clients of Computers Pty Ltd. there are chances that he might solicit the employees of Computers Pty Ltd and then may compete with Computers Pty Ltd thereby hampering the goodwill of the company, so, as per Seven Network (Operations) Limited the restrain clause is valid. Also, as per Pearson, a two year restrain clause is found to be valid and legal. However, Chu has violated the clause by taking the shelf of separate legal entity principle. He incorporated a company in his wifes name wherein his wife was the sole shareholder. He established that the company is in the name of the company and is a separate legal entity thus he is not associated with the company in any manner. But by applying the principal in Gilford Motor, Chu was not considered as distinct from the company. The veil of the company was pierced and it is found that fraud is incurred by Chu with the help of his wife in order to mitigate the effect of the restrain clause. The company was dealing in the same trade in which Computers Pty Ltd was dealing in New South Wales. The company was incorporated with two years of the retirement of Chu. Thus, the clause was totally violated. Conclusion So, the action of Chu to establish a company in his wife name is a clear violation of the restrain clause. The piercing of veil principal is applied and the company established by Chu wife is hold to be formed by Chu himself thereby breaching the terms of the restrain clause. Bibliography Cassidy, Julie, Concise Corporations Law (Federation Press, 2006). Christensen, S. and Duncan, W, Sale of Businesses in Australia (Federation Press, 2009). Gibson, A and Fraser, D, Business Law 2014 (Pearson Education Australia, 2013). Malbon, J and Bishop, B, Australian Export: A Guide to Law and Practice (Cambridge University Press, 2006). Milman, David, Regulating Enterprise: Law and Business Organisation in the UK (Bloomsbury Publishing, 1999). Ramsay, I and Noakes, D, Piercing the Corporate Veil in Australia (2001) 19 Company and Securities Law Journal 250. Tomasic, Roman, Stephen Bottomley, Rob McQueen, Corporations Law in Australia (Federation Press, 2002) Gilford Motor Co Ltd v Horne[1933] Ch 935 Industry v Bottrill[1999] EWCA Civ 781. Lee v.Lees Air Farming Ltd[1961] AC 12. Murray v Yorkshire Fund ManagersLtd and another [1997]. Pearson v HRX Holdings Pty Ltd (2012). Salomon v A Salomon Co Ltd[1896] UKHL 1. Seven Network (Operations) Limited v Warburton (No 2) (2011). Woolworths Limited V Mark Konrad Olson (2014).

Old shoes free essay sample

In a way shoes are Just like friends. They come new and sparkly, shining their personality, all bright, soft and smooth and ready to be there for you through tough hard, soft and playful or Just horrible ground. You are the same way in return. You appreciate their new and friendly personality, thinking your friendship will never be the same, hope your friendship will grow with every small brown and muddy step.You cherish the shoes, you took time to save up for the shoes, you appreciate the shoes, you every now and then look back to that day when you first slipped that right brown leather sole out that awful dull box, you think of the Joy It gave you and how you hoped one day the shoe and you will one day come wonderful friends. But then, the shoes start getting worn out or you have had the shoes for a long time. We will write a custom essay sample on Old shoes or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Either the friendship changes, the shoes grow old, they begin to sage and crinkle that smell of fresh leather and the feel Is gone, or new and bright shoes come along, ones that are In tune with the latest styles, ones that are bright, colorful and happy, ones ho draws In all the attention, not a single crack or crinkle to be seen. Are you going to hold on to your old shoes? The ones who have been through it all, the ones were every mark. Scratch, dent tells a different and exciting tale. I try to do the best I can, because sometimes those shoes are my favorite, they know my life story, they have walk the same path, over every obstacle, challenge and has the engraves of my feet in its old, dull brown soles to show it. They are reliable and even though they dont always sparkle and shine, they still are my best shoes.But maybe, a new friend is in order one that is young and not as experience one which still has to see what the worlds holds for it. Its a sad thing to say but, my old friend, the one with the wrinkly tip, that looks like an old little lady, sitting there, the one who will always smile as my feet slip into the perfect mould, although you are small and scratched I still love you my friend.I work up the courage, doing the same thing as when I met you my old reined, I asked for that new mate. A kind lady gave me a bright and shiny new box, I opened it to find a blue, purple and white shoe. As I slipped it on the cushions hugged my feet, they were soft and smooth, the top was made from Swede, the sides from leather and the sole was a soft sponge, but the thought of your rough touch still wonders my mind.As I pick you up my old friend to say a final good bye, I rub you rough leather surface and look at you scars, bumps, scratches and wrinkles, thinking jack on all the amazing memories we have created and all the challenges your brown dull leathery exterior has gone through to be the Ideal resting place and shelter for my feet. Its hard to lay you here In this box, I hope we will meet again, I hope your knowledge and wisdom will be a great source for all who follow, good bye my brown, coos, crinkle nosed friend, enjoy the wonders of your finally resting ground. Old shoes By casehardening bright brown leather sole out that awful dull box, you think of the Joy it gave you and meal of fresh leather and the feel is gone, or new and bright shoes come along, ones that are in tune with the latest styles, ones that are bright, colorful and happy, ones who draws in all the attention, not a single crack or crinkle to be seen. Are you going every mark, scratch, dent tells a different and exciting tale. I try to do the best I can, brown dull leathery exterior has gone through to be the ideal resting place and shelter for my feet. Its hard to lay you here in this box.

Comparison and Contrast Essay Writing Software - Save Time and Money by Using a Free Sample

Comparison and Contrast Essay Writing Software - Save Time and Money by Using a Free SampleFor anyone looking for a career change, it can be overwhelming to figure out what job to start with, and how to go about getting it. If you don't have a strong writing ability or you don't want to quit your current job, a good way to figure out what you would like to do is to use a comparison and contrast essay writing software, and write a cover letter for a position at your dream company.It's not as easy as it sounds. When you choose a free sample or application, it's really just a guide for how to go about filling out a resume. It will take time to learn how to write well, because you will need to get some practice in. There are also plenty of ways to get around the free samples, and these will end up taking time as well.There are tons of online lesson software programs that will help you get started quickly. These programs are free and are a lot of fun to use. You'll be able to learn by doi ng, so the more you use the program, the more likely you are to learn how to be good at it.After you have taken several online courses, it's a good idea to take a refresher course before you move on to another one. For many people, an online course will cost nothing, but it will help you sharpen your skills, build on what you already know, and get you back on track. While the 'free' websites may not offer much, when you use these, you won't have the headaches of other free applications.There are actually plenty of paid applications out there that you can choose from, including comparisons and contrast essay writing free samples. Many of these are just plug-and-play programs, but they will give you all the necessary tools to write well. Just like using an online course, you will also get to use it over again, and you can always refile your applications later if you decide to.Most of these programs include everything you need to write great essays, but there are some that specialize i n just essay writing. For example, there are sites that focus on writing for the SAT. When choosing between different ones, ask a professional editor if they offer any of these programs and also see if they offer any type of course.There are plenty of places to find a free sample, so go ahead and take a look. It could save you a lot of time and frustration. Remember, you don't have to settle for what comes along, especially when you can have a learning experience instead.

Blank 2 Essay

Blank 2 Essay Blank 2 Essay frontal lobe is the largest of the four lobes and occupies the upper forward half of each cerebral hemisphere, right behind your forehead. Involved with attention, personality, control of emotions and expression of emotional behaviour. -Higher order functions- Learning and memory -Decision making (making judgements)/reasoning -Planning -Movement -Language -Emotional control -Memory formation (primary motor cortex) Aphasia: Language disorder due to brain damage Damage to Broca's area also known as: Expressive aphasia Motor Aphasia non-fluent Aphasia primary motor cortex is specifically involved in controlling voluntary bodily movements through its control of skeletal muscles. Skeletal muscles are attached directly to bones and include the hand, arm, leg, back and facial muscles. Your skeletal muscles are involved when you smile, wiggle your toes, nod your head and bend to sit in a chair. The motor areas receive and process information about voluntary bodily movements; that is, intentional movements such as when you scratch your nose or pick up a pen and write. Each frontal lobe has a motor area called the primary motor cortex. The primary motor cortex controls our movements by sending neural messages to various parts of the body to make them move in the required way. association areas of each lobe receive and combine information from more specialised areas (such as sensory and motor areas and areas that store memories), allowing us to undertake more complex cognitive (mental) processes such as perceiving, thinking, learning, remembering, reasoning and so on. Broca’s area has a crucial role in the production of articulate speech; that is, speech that is clear and fluent. Broca’s area is also linked to and interacts with areas of the cerebral cortex that are involved with the meaning of words and the structure of sentences, as well as the specific parts of speech such as adjectives, prepositions and conjunctions. parietal lobe in each hemisphere receives and processes sensory information from the body and skin senses (called somatosensory information) and other sensory areas in the brain. It also sends information to other areas of the brain. Recognition Processing sensory information Pressure, pain, and touch & bodily movement sensations Location of objects in space (spatial perception) Motion detection Damage: Inability to feel an object touching you eg. a glove Inability to recognise the object that is touching them or to understand what the object actually does. primary somatosensory cortex (also called the primary sensory area and primary sensory cortex) receives and processes sensory information from the skin and body, enabling us to perceive bodily sensations. This sensory information includes: touch pressure and temperature from sensory receptors in the skin information about muscle movement and the position of limbs from sensory receptors in the muscles, tendons and joints. Narrow strip of cortex that processes sensory information about touch, limb location, pressure, pain and temperature all over Occipital Lobe- Cortical Regions Primary Visual Cortex- This is the primary area of the brain responsible for sight. Temporal Lobe Main function: hearing-auditory processes- Information retrieval (memory formation) (hippocampus) -organisation/comprehension -aspects of visual perception (identifying objects and recognising faces) -Emotional responses to sensory information and memories. Wernicke's Aphasia -Language comprehension is inhibited. Words and sentences are not clearly understood, and sentence formation may be inhibited or non-sensational Brainstem

Top 8 Reasons Non-Teachers Can Never Understand Our Job

Top 8 Reasons Non-Teachers Can Never Understand Our Job Believe it or not, I once had an older family member approach me at a party and say, â€Å"Oh, I want my son to talk to you about teaching because he wants a career that’s easy and not stressful.† I don’t even remember my response to this illogical and bizarre comment, but obviously this lady’s cluelessness made a major impression on me. I’m still confounded by this idea even ten years after the incident occurred. You may have been on the receiving end of similar comments, such as: You’re so lucky to have so much vacation time, especially summers off. Teachers have it so easy!You only have 20 students in your class. That’s not so bad!It must be so easy to teach elementary school. The children don’t have attitudes when they’re so young. All of these ignorant and annoying comments just go to show that people who aren’t in education simply can’t understand all of the work that goes into being a classroom teacher. Even many administrators seem to have forgotten about all of the trials and tribulations we face on the front lines of education. Summers Aren’t Enough Recovery Time I do believe that every teacher appreciates our vacation times. However, I know from experience that a summer vacation isn’t nearly enough time to recover (emotionally and physically) from the rigors of a typical school year. Similar to childbirth and moving houses, only time away can offer the necessary respite (and memory failure) that allows us to gather the strength and optimism required to attempt teaching anew in the fall. Besides, summers are shrinking and many teachers use this valuable time to earn advanced degrees and attend training courses. In the Primary Grades, We Deal With Gross Bathroom-related Issues Even a high school teacher could never understand some of the crises related to bodily functions that a typical K-3 teacher has to deal with on a regular basis. Potty accidents (and more instances too disgusting to reiterate here) are something that we can’t shy away from. I’ve had third grade students who still wear diapers and let me tell you – it’s stinky. Is there any amount of money or vacation time worth cleaning up vomit from the classroom floor with your own two hands? We’re Not Just Teachers The word â€Å"teacher† just doesn’t cover it. We’re also nurses, psychologists, recess monitors, social workers, parental counselors, secretaries, copy machine mechanics, and almost literally parents, in some instances, to our students. If you’re in a corporate setting, you can say, â€Å"That’s not in my job description.† When you’re a teacher, you have to be ready for everything and anything to be thrown at you on a given day. And there’s no turning it down. Everything’s Always Our Fault Parents, principals, and society in general blame teachers for every problem under the sun. We pour our hearts and souls into teaching and 99.99% of teachers are the most generous, ethical, and competent workers you can find. We have the best of intentions in a messed-up education system. But somehow we still get the blame. But we keep teaching and trying to make a difference. Our Job is Really Serious   When there’s a mistake or a problem, it’s often heart-breaking and important. In the corporate world, a glitch might mean a spreadsheet needs to be redone or a little money was wasted. But in education, the problems go much deeper: a child lost on a field trip, students lamenting parents in jail, a little girl sexually assaulted on the walk home from school, a boy being raised by his great-grandmother because everyone else in his life abandoned him. These are true stories that I’ve had to witness. The pure human pain gets to you after awhile, especially if you’re a teacher out to fix everything. We can’t fix everything and that makes the problems we witness hurt all the more. Work Outside the School Day Sure, school only lasts 5-6 hours per day. But that’s all we’re paid for and the job is constant. Our homes are cluttered with work and we stay up til all hours grading papers and preparing for future lessons. Many of us take phone calls and emails from parents during our â€Å"personal† time. The problems of the day weigh heavy on our minds all night and all weekend. Zero Flexibility When You’re a Classroom Teacher When you work in an office, you can simply call in sick when you wake up unexpectedly ill on a given morning. But, it’s extremely hard to be absent from work when you are a teacher, especially if it happens without notice or at the last minute. It can take several hours to prepare the lesson plans for a substitute teacher which hardly seems worth it when you’re only going to be absent for five or six hours of classroom time. You might as well just go teach the class yourself, right? And dont forget the last one... Teaching is Physically and Emotionally Taxing To put it bluntly: Since bathroom breaks are hard to come by, it’s said that teachers have the highest incidences of urinary and colon problems. There are also issues with varicose veins from having to stand all day. Plus, all of the above difficulty factors, combined with the isolated nature of being the only adult in a self-contained classroom, make the job especially grueling over the long term. So for all you non-teachers out there, keep these factors in mind the next time you envy a teacher for her summers off or feel the urge to say something about teachers having it easy. There are some things about the profession that only teachers can understand, but hopefully this little gripe session has shed some light on the true nature of the job! And now that we’ve got most of the complaints out of the way, keep an eye out for a future article that will celebrate the positive side of teaching!

Organization and transformation Essay Example | Topics and Well Written Essays - 5250 words

Organization and transformation - Essay Example Personal Lessons 23 Organizational Lessons 24 References 26 Key Themes Value Creation; Market Share; Organisational Restructuring; Integration; Service and Product Enhancement; Organizational Innovation Introduction The world is moving with a rapid pace with the incorporation of large number of developmental activities being generated in the field of technology and human resources. In fact the growth of immense competition in the external environment of the company is demanding large number of transformational activities being pursued in the internal environment of the company. ... Further several foreign firms are also making huge foray into the so called protected markets by breaking down the trade barriers constructed by the governments of the day. (Levy & Merry, 1986, p.3-4).This need for organizational transformation has given birth to the concept of transformational leadership in the new organisation structures. The change management to be effective must strongly involve the incorporation of both human and technological resources in an optimal manner to achieve business objectives. Transformational leaders henceforth must endeavour to create change in the existing organisational culture through motivational leadership aimed at enhancing the productive aspects of the people concerned. The process of organizational transformation henceforth aims at rendering total human development in terms of enhancement of the aspects of self esteem and in creation of a secured job environment. People belonging to the change culture are found to gain vivid work experience s while working with the new organisational processes and systems. Thus this process helps in also cultivating the concept of a learning organization. Change management in the organization thus helps in building a learned workforce which would help the organization to reach to new boundaries in terms of both market share and revenues. (Chawla & Renesch, 2006, p.105-108). The revenues of the firm from 1990 to 2010 grew along a rapid pace and reached $ 9.5 billion in 2010 from a meagre $1.6 billion in 1999. The strategies incorporated by the Chairman of the company to achieve the above ends consisted of augmenting the value of the shareholders of the company and

In the instructions Essay Example | Topics and Well Written Essays - 500 words - 1

In the instructions - Essay Example The source has provided information in the use of satisfactory writing skills in both manual and online publications. It has highlighted the differences between the two fields while showing ways of improving the writing skills. In most cases, online sources do not seem to focus much on the writing skills and vocabularies as compared to books. It has emphasized on understanding the audience and publishing sector before engaging in writing skills. The source will help in the research as it provides examples on internet sources and audiences with diverse comprehending activities. The book’s topic provides a clear approach on various ways to improve writing skills in students. The main discussed principles include the pre-writing, drafting, editing, revising, and publishing. The procedure has been revealed in the chapters to ensure starters have an idea of perfect writing skills. The book has also offered tips and examples in every stage; hence, a thorough comprehension of the principles. The book focuses on the key areas behind improving the writing process that depend on various cognitive skills, which will is of substantial concern for the research topic. For example, the knowledge, comprehension, application, and the analysis comprehension skills will play a significant role in the research process. The publication has recommended various principles in writing English as a language. It has focused on one way of communication then provided detailed information in comprehending and writing the chosen language. It has started with understanding word order and the different pronunciations used in literature. The chapters have provided examples where long sentences have been broken down to recognize the word order and use of syllables. The book has also provided knowledge on the use of vocabularies at the appropriate stage in the sentences.