A Problem Question on Company Law

A Problem Question on Company Law Issue The case is about a large flower shop where the conflict between a manager and the two workers arose. The employer of the manager, James, pays him a salary of $100,000 per year to manage the business, which includes some 15 employees, including 2 cleaners and 6 flower arrangers. Two flower arrangers, Dan and Sam, have been pestering the manager for weeks about getting an increase in their hourly rate. The manager has repeatedly explained to Dan and Sam that he cannot agree to a pay rise without first speaking to James, and that as he is overseas, that will not happen until the end of the month. Dan and Sam are becoming increasingly frustrated with his refusal to consider their request. One Wednesday morning(the busiest day), Dan and Sam confront the manager and tell him that unless he agrees to increase their hourly rate by $5 per hour, they are going to walk out with the 4 other flower arrangers, leaving the manager to fulfil the orders on his own. The manager has no choice but to agree to their request, as there are four wedding orders that must be done today. The manager prom ­ises to adjust their pay as requested. Once the day is finished, you sit down and consider the ramifications. This essay argues that: Is the manager legally obliged to keep his promise? What are the legal remedies? If the manager did not agree to their terms, and they walked out, what would he has been able to do if the orders weren’t fulfilled and the business lost $10,000/-? Law Stilk v Myrick [1809] [1] is a contract law case of the English High Court on the subject of consideration. In his verdict, the judge, decided that in cases where an individual was bound to do a duty under an existing contract, that duty could not be considered valid consideration for a new contract. According to the Law of Employment [2] Eachcontract[[3]] of employment contains terms and conditions by which the parties of the contract i.e. empoyer and employee regulate their relationship. These terms may be in black white or spoken. More often, the appointment letters, job descriptions, policy manuals, workplace rules practicesare considered to be the part of terms of the contract. Such terms impose a legal binding on both of the parties of contract to perform their consideration in adequate manner. These terms can also include restrictions such as period of employment, amount of wage, serving of notice periods, etc Application According to the aforemetioned case, Stilk v Myrick [1809] and keeping in view the principle of precedent, the manager is not legally obliged to keep his promise, because there was no additional consideration, fulfilled by the workers who remained at the flower shop against the additional pay which they claimed. Before they start pestering the manager for the salary increase they had undertaken to do all that they could under all the circumstances at the workplace. They had sold all their services at the previous wage rate. Therefore, without looking to the policy of this agreement, it is void for want of extra pay for the same consideration which they committed before, and that the plaintiff can only recover the same, without making any claim for legal remedies. As discussed above, if the terms of agreement carries any binding of serving a fixed employment period or a notice period before leaving the employment then the employees could not blackmail the manager by saying that they will quite immediately, if no arise of pay is made by the manager. In this scenario, the employees will be liable to pay for the damages resulted by their breach of employment contract. Such damages can be calculated by two ways: The Expectation Interest [4] and The Reliance Interest [5]. Conclusion In view of above and the principle of precedent [6], it can be concluded that due to no offereing of any additional consideration from the end of flower arrangers and trying to blackmail the manager for promising them to pay extra wage, the promise made by the manager becomes null and void and has no legal value. Thus, the manager is not legally obliged to keep his promise and for any of the legal remedies. Bibliography Books Contract Law, 7th Edition by Poole, Jill Contract Law, 7th Edition by McKendrick, Ewan Black Law Dictionary, 5th Edition Articles Legal Studies by P Luther, ‘Campbell, Espinasse and the Sailors’ [1999] ‘Consideration: Practical Benefit and the Emperor’s New Clothes’ by M Chen-Wishart, in Good Faith and Fault in Contract Law[1995] by J Beatson and D Friedmann Weblinks The Law Handbook [http://www.lawhandbook.org.au/handbook/] [1] Stilk was contracted to work on a ship owned by Myrick for  £5 a month, promising to do anything needed in the voyage regardless of emergencies. After the ship docked at Cronstadt two men deserted, and after failing to find replacements the captain promised the crew the wages of those two men divided between them if they fulfilled the duties of the missing crewmen as well as their own. After arriving at their home port the captain refused to pay the crew the money he had promised to them. When the matter was brought in front of the court the decision was made by the Judge, that since the crew members made no extra performance as consideration of the contract, thus they are not entitled to receive any extra wage for that. [2] Thetype of lawthatgovernstheemployer and employeerelationship, which includesemploymentcontracts of individuals. [3] An oral or written agreement, such as relating to employment, sales, etc, that has ability of enforceablity by law. [4] The court aim to put the plaintiff in the position which he would have been in, if the contract had been performed. [5] The court aim to put the plaintiff in the position which he would have been in, if the contract had not formed [6] A precedent is a principle or rule established in a previouslegal casethat is either binding on or persuasive for acourtor other tribunal when deciding subsequent cases with similar issues orfacts.

Why Immigration Is a Controversial Issue in Uk

â€Å"It was once believed that when you were born, you were a blank state and could be taught to learn different things in a variety of way† (Gardner, H. Personal Learning Solution 2012) In this essay I will be talking about the importance of study skills for higher education. I will be identifying the different skills that are used both personal and professional and also providing some evidence towards my findings. The main skills I will be touching on will be people skills, reflective and creative skills, writing skills and also time management.I will be exploring how these skills have an importance in the higher education and viewing their similarity and differences between them. Study skills are the strategies and the different approaches used in learning to develop better understanding and knowledge for a life time. It is an essential piece of material that is needed for better grades in an exam, assignment etc and tackles problems such as bad organization, time manageme nt or writing skills which are useful for a life time.There are many different study skills that can be used in higher education in order to gain a successful qualification for a successful job application. It is important indentify your own personal learning style and develop on all the important study skills that helps with your learning. The reason for this is because it helps you remember and learn more and new information. It also allows you to do well in your essays/assignments and exams you are undertaking.Once your learning style has been identified and used, it will provide you with the opportunity to move up a level. There are different styles such as: The Diver: like to get on with it and get it out of the way The Dreamer: like to think a lot and research thoroughly The Logician: like things to make sense and reasons The Searchlight: like to see the bigger picture and find everything interesting (Cottrell, S. 2008. Third Edition. Pg59-60) The Dearing Report (1997) states that â€Å"the key to future success of graduates†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ ommunication skills, numeracy, use of ICT, learning how to learn† (heacademy. ac. uk) This report gives a clear understanding of the main skills need for a successful future. On the other hands in the theory of Gardner’s, H (1983), he believes that everyone should be able to find 8 different areas to help with their learning, which may identify what they prefer (Gardner, H. Personal Learning Solution 2012). The first skill I will talk about is People Skills.This skill has a combination of inter-personal skill, which means the ability to work well with others in a team/group, and also intra-personal skills, which means the ability to manage your own attitudes and emotions within the environment (Cottrell, S. 2003. Pg 115). A people skill involves being able to communicate well with others and adapting to others within the team and interacting well amongst others. This skill can be turned into academi c skills by making connections with groups in class, listening well to others allowing everyone to talk, being assertive without demonstrating any form of anger etc.This is one important skill that is needed for higher education which can be developed further for a successful job in the future. My second skill I will talk about is reflective and creative skills. This is a thinking process that can put you in deep thoughts aiming to gain a better understanding. It allows you to make sense of what your putting together, go over what you have, make any judgements and changes needed and also weighing up what you have to get better balance which includes taking different things into account.In the book of The Science Good Study Guide, it states that â€Å"it is important that you take a systematic, analytical, strategic, and reflective approach to managing yourself and your studies† (Northedge, A et al, 1997, pg 16). Creativity plays a big role in study skill because; you need to identify what strategies are suitable for you in learning. With this you can be as creative as you can to help you in the process. The third skill is writing skills. This skill can also be combined with organisation as you will need to learn how to organise your essays and assignments e. . introduction, main body and conclusion/evaluation. Writing is another form of communication. In higher education, when writing an essay/assignment, you are communicating what you know and understand of what you have learnt in class. This is why writing skills is very important so you know what you’re writing is clear for the reader. However as Cottrell (2008) stated that writing a good assignment is a hard and challenging process but is a very rewarding aspect of your studying.Your writing skill is something that can always be developed as you grow (The Study Skills Handbook. 2008. Pg167) The last skill I will talk about is time management. This is one of the most essential skill needed, no t only for higher education but also for every other thing in life e. g. job, appointments, lectures, meetings etc. you need to know how long it requires for you to do something. Time is special because you cannot change time. I believe everyone has the same exact time on their hands; it depends on how it’s being used by the individual.Most students like myself will complain and say there is not enough time for their work, however what I have come to learn is that if time is managed widely it helps a lot with what you need to do or what you desire to do. In higher education, when time is managed well, it helps set your priorities straight, become more conscious with your decisions and also learn how to become more productive each day. In conclusion, I have come to read and understand how important study skills are in higher education. The first thing is to identify what type of learner you are and focus on the most important study skills.I have come across some understanding that if you lack in your study skills, there is a low chance of gaining good grades meaning less chance of a successful job application. As stated in the Dearing report (1997) the four main skills needed for success in the future and also Howard Gardner’s theory explaining how creative you should be in different ways of learning such as finding 8 different areas to learn that may help with your learning. I believe that we learn something new every day giving us the opportunity to move up a level of intelligence.

American Companies Are On The Move Case Study - 989 Words

The essential goal of any business ever has been to make the most money that they could. This element is the very basis of what we know today as commerce, but the way modern businesses have done this is completely different and far riskier than what businesses did in the past. One controversial way they are doing this is through â€Å"outsourcing† in which companies move overseas for a variety of reasons and it has already become a commonplace practice in modern business because of its benefits, but it is the unforeseen consequences – that undermine these benefits – which are just as ground-breaking. The main argument made by the author in his work, â€Å"American companies are on the move† is that American companies are merging with foreign firms†¦show more content†¦What the author, Pat Regnier, is saying in his work â€Å"Everything You Need to Know About Companies Leaving America for Taxes† is that large American companies are abandoning their American domain and hanging Uncle Sam out to dry just to save on tax cuts. To be more direct, the author argues that these companies are taking over smaller corporations where tax rates are lower than in the US. They do this over and over again till they find a suitable location to â€Å"safely†escalate their profits. He writes, â€Å"The large American company is now a foreign one, and taxed accordingly.† In this section of the author’s argument, Pat is suggesting that there is a â€Å"loophole† in the American tax system and it is creating all kinds of havoc, domestically and abro ad. Putting it all together, the author`s belief is even though outsourcing is attractive, it is equally chaotic as it is beneficial. In my view, the author is mostly correct because business ventures such as these cause as many unwanted side effects as much as intentional attributes. More specifically, I believe that companies will benefit from outsourcing, but will also reach a point where chaos and order equal. For example, how Burger King had a crisis in its stocks when it’s headquarters moved. The instability of a potential location for the HQ coupled with the weak presence in the global market weakened investors’ confidence, forcing them to sell theirShow MoreRelatedGreen Co. Essay1158 Words   |  5 PagesCompany Name: Greens Co. Research Subject: Market Research for Exporters This Case study is based on the largest and most successful supermarket chains in the UK, Greens amp; Co. for the purpose of doing a market research to enter the American Grocery market. I have tried to answer the given questions as I have understood the Case study and the market research strategies taken by Greens amp; Co. 1. Identify the types of market intelligence that Greens amp; Co. used to move into the USRead MoreQualitative Research : A Humanistic Or Idealistic Approach978 Words   |  4 Pagesqualitative research is ensured (Mays Pope, 1995; Whittemore, Chase, Mandle, 2001). Some types of qualitative research that are ordinarily undertaken are individual or group interviews, focus groups, and case studies (Cooper Schindler, 2014). NCR Corporation has made the decision to move its corporate headquarters from Dayton, Ohio to Duluth Georgia. Duluth is a suburb of Atlanta with a population of 26,600, with their average age being 35.5 and average income being $60,161 (United States CensusRead MoreThe And Best Practices For Transportation Partnership Program1226 Words   |  5 Pagesrelated case studies will also be examined. Best Practice 1. SmartWay Program (Include table for Smartway transport partnership program) Costs vs. Benefits-Add costs benefits about load matching and route planning EPA’s voluntary public-private SmartWay Transport Partnership Program, was launched in 2004 as a way of using market-based incentives and technology solutions to address long-term trends, changes, and challenges in the freight transportation sector. The program helps companies and organizationsRead MoreDaimler Benz And Chrysler Faced After Their Merger1165 Words   |  5 Pagesand Chrysler merger in 1998 outlines Chrysler’s fall from grace as it struggled with cross-cultural issues that had an adverse effect on its team-based approach that served the company so well for many years. Chrysler was able to work through many of these challenges but not before it impacted everyone throughout the company. This paper plans to explore some of the challenges Daimler-Benz and Chrysler faced during their merger. Moreover, discuss some of the mitigating factors surrounding team-basedRead MoreSunflower Incorporated Case Study Essay893 Words   |  4 PagesCase Study: Sunflower I ncorporated Spalding University Case Study: Sunflower Incorporated In preparation for Workshop 2 of the course MSBC-660 – Change Acceleration in Organizational Culture, we were asked as a group to complete a Project Team Assignment, using the case study method. As part of this exercise, we were to read the case study Sunflower Incorporated and then critically analyze the case using the guidelines provided. In our answers outlined in the paragraphs belowRead MoreCreating Dance Moves, Steps, And Routines For A Client1206 Words   |  5 Pages Creating dance moves, steps, and routines for a client, studio, show and etc. A day in the life of choreographer is creating dance moves and routine for their clients and showing them the moves and routine. A choreographer usually starts off as a dancer and then gradually becoming a choreographer with the training they had while they was performing. For examples a football player might retired and then become a football coach. There’s is all different types of dances one can learn, the historyRead MoreCase Study : Blue Ridge Spain1232 Words   |  5 Pagestime-consuming and high-risk, so some restaurant moguls will enter into joint ventures with other restaurant companies. However, not all joint ventures are prosperous. In this case, a restaurant corporation entered into a joint venture with another company and problems occurred that were controllable. In this case analysis, Blue Ridge Spain, Blue Ridge Restaurants Corporation, an American fast-food company, which is owned by Delta Foods entered into a joint venture with Terralumen, a Spanish agriculturalRead MoreMotorcycle Market: The Case of Harley Davidson Essay1213 Words   |  5 PagesKey information presented in the case Harley Davidson is known as one of the main motorcycle manufacturers and sellers in the United States. The company had good business and great market share in the early 1960s when it commanded a total of about 70% 0f the motorcycle market, before the invasion or the intrusion of a small Japanese firm that manufactured lighter motorcycles, known as the Honda. The case study as identifies that Harley Davidson assumed the invasion by the Japanese firm and insteadRead MoreCase Study Walmart1029 Words   |  5 PagesAllison Whitted Kaplan University Case study paper Wal-Mart in China GB520: Human Resources Management Introduction In this case study I will be discussing the company Wal-Mart Stores: Every Day low Prices in China. By the time 2005 rolled in China has become the most prominent country to set up a branch for stores. China had a huge open market and it was time for the company to take advantage of the opportunity that was happening in China. Wal-Mart has become the world’s largest retail chainRead MoreCase Study Of Pepsico, Profits, And Food : The Belt Tightens947 Words   |  4 Pages PepsiCo, Profits, and Food: The Belt Tightens Case Study LaKia J. Foreman Savannah State University Background: PepsiCo is the result of a merger between Pepsi-Cola (owners of Pepsi and Mountain Dew beverage brands) and Frito-Lay, Inc. (makers of Cheetos, Rold Gold, Frito, Lays and Ruffles). The company then acquired Doritos, Tostitos, Walker’s, Quaker, Gatorade, Aquafina and Tropicana in an effort to provide healthier choices. PepsiCo once owned KFC, Taco Bell and Pizza Hut restaurants

Much Ado About Nothing Quotes

Much Ado About Nothing is one of Shakespeares comedies, with one of the most popular romantic duos of all time. The play has wit, twists, turns — its a comedy. Here are a few quotes from the play. Act I He hath indeed better bettered expectation than you must expect of me to tell you how. (1.1) He is a very valiant trencher-man. (1.1) I see, lady, the gentleman is not in your books. (1.1) In time the savage bull doth bear the yoke. (1.1) Act II Lord! I could not endure a husband with a beard on his face: I hath rather lie in the woollen. (2.1) He that hath a beard is more than a youth, and he that hath no beard is less than a man. (2.1) Speak low if you speak love. (2.1) Friendship is constant in all other thingsSave in the office and affairs of love:Therefore all hearts in love use their own tongues;Let every eye negotiate for itselfAnd trust no agent. (2.1) There was a star danced, and under that was I born. (2.1) Sigh no more, ladies, sigh no more,Men were deceivers ever,-One foot in sea and one on shore,To one thing constant never. (2.3) Act III Our talk must only be of Benedick.When I do name him, let it by thy partTo praise him more than ever man did merit:My talk to thee must be how BenedickIs sick in love with Beatrice. Of this matterIs little Cupids crafty arrow made,That only wounds by hearsay. (3.1) Some Cupid kills with arrows, some with traps. (3.1) If I see any thing tonight why I should not marry her tomorrow, in the congregation, where I should wed, there will I shame her. (3.2) I tell this tale vilely—I should first tell thee how the Prince, Claudio, and my master, planted and placed and possessed by my master Don John, saw afar off in the orchard this amiable encounter. (3.3) Act IV There, Leonato, take her back again:Give not this rotten orange to your friend;Shes but the sign and semblance of her honor. (4.1) Your daughter here the princes left for dead,Let her awhile be secretly kept in,And publish it that she is dead indeed (4.1) She dying, as it must be so maintaind,Upon the instant that she was accusd,Shall be lamented, pitied, and excusdOf every hearer (4.1) I love you with so much of my heart that none is left to protest. (4.1) O that he were here to write me down an ass! But masters, remember that I am an ass: though it be not written down, yet forget not that I am an ass. (4.2) Act V I say thou has belied mine innocent child;Thy slander hath gone through and through her heart,And she lies buried with her ancestors--O! in a tomb where never scandal slept,Save this of hers, framd by thy villainy! (5.1) I have deceived even your very eyes: what your wisdoms could not discover, these shallow fools have brought to light, who in the night overheard me confessing to this man, how Don John your brother incensed me to slander the Lady Hero. (5.1) I have drunk poison while he utterd it. (5.1) Though and I are too wise to woo peaceably. (5.2) And when I livd I was your other wife;And when you lovd, you were my other husband. (5.4) One Hero died defild, but I do live,And surely as I live, I am a maid. (5.4) In brief, since I do purpose to marry, I will think nothing to any purpose that the world can say against it; and therefore never flout at me for what I have said against it; for man is a giddy thing, and this is my conclusion. (5.4)