LEX 150 – Assignment 10

DQ2: Chapters 5 and 11: Unfortunately, you and Max make better friends than business partners. While Smaxy Maxy’s is roughly breaking even, there is constant conflict between the two of you. You and Max had established a partnership, and both of you recognize that the partnership must be dissolved, leaving a sole proprietor. There is no simple solution because both of you have fallen in love with Smaxy Maxy’s. You wisely consult a lawyer. She suggests a lawsuit to force the partnership dissolution. You wonder if there might be alternatives to litigation. What might those be with this fact scenario? Explain. DQ3: Chapter 14.3: You own Sam’s Sea Food and are in fierce competition with Frank’s Fish House, the businesses just a few blocks apart. Both sell a variety of fresh seafood. Frank decides on a new promotion. He advertises heavily, “one pound of fresh, wild Alaska, salmon, $8.99, first come, and first served.” However, Frank has only two of these items in the store. Is this…

Clear Field Cheese Company Case Andy Reisinger, CIO, and Sandy Knight, CSCO, of the Clearfield Cheese Company in central Pennsylvania had just returned from a meeting with Tom Powers, who was the CEO of the company. Andy and Sandy were both feeling the pressure of the competitive problems that Tom had presented in their weekly senior staff meeting. It was clear that Clearfield Cheese Company faced challenging market conditions. Background Clearfield Cheese Company was established in 1931 by two brothers, Ted and Terry Edwards, in Clearfield, which is located in an agricultural area in central Pennsylvania. At the time, the U.S. economy was in the throes of a severe economic depression. The local dairy farmers were experiencing financial duress because they could not sell their milk at a price which would cover their costs. Part of the problem was transporting the milk to Pittsburgh and other larger cities at a landed cost that was competitive with farmers in Ohio. The Edwards brothers…

Scenario  B (Australian Taxation Law): – Taxpayers at retirement age Inder Muller, aged 58, recently retired from his employment as chief accountant of Moon Light Pty Ltd, after 17 years and 4 months of service. Inder’s wife Belinda, aged 59, is currently running a small newsagency. Inder and Belinda visited you to seek advice on various retirement planning options specified below. Inder and Belinda both are covered by private health insurance. 2) Regarding Inder’s Termination payment & Superannuation Inder currently has superannuation valued at $582,000 with the Suncorp (complying Super fund). The total amount includes the following elements; > Tax free component $25,000 > Element untaxed in the fund $207,000 > Element taxed in the fund $350,000LAW6001 Required Advise Inder what would be the tax consequences of withdrawing his super prior to his retirement age, including all options available to him.

Princess was appointed as the new Chief Executive Officer (CEO) of TSF Food Products Trading and Manufacturing Corporation due to the death of her father. Their company is open to public and had to adapt to being transparent to outside investors. There were pressures from the shareholders to reduce operating cost of the business in order to increase profits. In response to their request, Princess implemented cost cutting measures by means of imposing early retirement of employees who she felt could no longer cope up with the work so to decrease the digitize operation of the business. As expected, most of the employees were not happy upon knowing the situation and this affected the morale of their employees. Princess sought the assistance of Mark, the company’s HR manager. Mark suggested a comprehensive program wherein all employees would be evaluated based on achieving results by means of demonstrating to their employees that their performance affects company’s status. Those…

Situation 2 A company- Company ABC has decided to use an opaque management and holding structure to run its risky business of operating chemical production plants. The employees of the Company ABC are unaware of the true identity of the shareholders and board members of the Company ABC. These employees are also under tremendous pressure to perform and in the recent pandemic were forced to attend office mandatorily so that ethanol which is used in the manufacture of hand sanitisers is continuously produced. Unfortunately, a few days ago there was a major accident in one of the plants of Company ABC which was operating at more than full capacity due to instructions from the board of Company ABC. This was followed a few days later by an outbreak of Covid-19 in one of the manufacturing plants. Question 4: Discuss the management style and holding structure of Company ABC from a corporate governance perspective. Identify the improvements which could be made and how the Company ABC would…

BUSINESS LAW 3 - David Ungar holds a Dunkin’ Donut's franchise. The terms of his franchise agreement require him to use only those ingredients furnished by Dunkin’ Donuts. He is also required to buy its napkins, cups, and so on, with the Dunkin’ Donut's trademark on them. Is this an illegal tying arrangement? What if Dunkin’ Donuts maintains that it needs these requirements to maintain its quality levels on a nationwide basis? [Ungar v. Dunkin’ Donuts of America, Inc., 429 U.S    5 - Hines Cosmetic Co. sold beauty preparations nationally to beauty shops at a standard or fixed- price schedule. Some of the shops were also supplied with a free demonstrator and free advertising materials. The shops that were not supplied with them claimed that giving the free services and materials constituted unlawful price discrimination. Hines replied that there was no price discrimination because it charged everyone the same. What it was giving free was merely a promotional campaign that was not…

1. Organisation name TYCO 2. Analyze and apply appropriate ethical theories to shape a business decision given an organizational requirement to conform business practices to both the law and best ethical practices. 3. Develop a business strategy in a corporate liability case arising from the sale of defective and dangerous products. This includes ethical considerations to minimize liability for claims of product liability and breach of warranty. 4. Define and develop elements of a contract and determine whether a duly formed contract is enforceable under the common law or Uniform Commercial Code. 5. Develop strategies to minimize risk, create value and manage legal disputes for business leaders.

Scenario  B (Australian Taxation Law): – Taxpayers at retirement age Inder Muller, aged 58, recently retired from his employment as chief accountant of Moon Light Pty Ltd, after 17 years and 4 months of service. Inder’s wife Belinda, aged 59, is currently running a small newsagency. Inder and Belinda visited you to seek advice on various retirement planning options specified below. Inder and Belinda both are covered by private health insurance. 3) Regarding Belinda’s Business Belinda has started the newsagency business 3 months ago. She would like to get advice on the tax benefits available for her new business. The expected business turnover for the financial year ending 30th of June 2022 is $500,000 including GST. She has purchased the following assets for the business. > Photocopy machine for $5,500 including GST on the 15th of Feb 2022 and was ready to use on the 1st of March 2022 > Motor vehicle purchased on the 1st May 2022 for $68,800 including GST, to be used solely for…

Scenario  B (Australian Taxation Law): – Taxpayers at retirement age Inder Muller, aged 58, recently retired from his employment as chief accountant of Moon Light Pty Ltd, after 17 years and 4 months of service. Inder’s wife Belinda, aged 59, is currently running a small newsagency. Inder and Belinda visited you to seek advice on various retirement planning options specified below. Inder and Belinda both are covered by private health insurance. 3) Regarding Belinda’s Business Belinda has started the newsagency business 3 months ago. She would like to get advice on the tax benefits available for her new business. The expected business turnover for the financial year ending 30th of June 2022 is $500,000 including GST. She has purchased the following assets for the business. > Photocopy machine for $5,500 including GST on the 15th of Feb 2022 and was ready to use on the 1st of March 2022 > Motor vehicle purchased on the 1st May 2022 for $68,800 including GST, to be used solely for…

The U.S. Securities and Exchange Commission (SEC) released its final rule to implement a code of ethics under SOX Title 404. The stock exchanges have proposed that each company listed on the exchanges publish its code of ethics. Discuss how disclosures of a code of ethics by senior management could have a positive effect on public confidence and influence investors' behavior. Discuss the consequences of not establishing a code of ethics. Support your position. Evaluate the importance of senior management in setting the tone for the application of the company's code of ethics and promoting positive employee behavior, improved decision making, or the willingness to report unethical behavior of coworkers. Recommend at least two policies that might encourage employees to report unethical behavior.

5. David runs a t-shirt business. He is producing t-shirts with a print of a well known cartoon character on them. He pays the creators of the cartoon a fee of £1 for every t-shirt sold containing an image of the character. What most accurately describes this arrangement? A Franchise B Partnership C Licensing D Joint Venture

66) As a governance mechanism the “threat of takeover” refers to: a) The risk that the government might acquire the firm b) The danger that the firm might be acquired by others who offer the stockholders better management of the firm. c) Both A and B d) Neither A nor B

On March 2, 2020, Zoe Moreau, Karen Krneta, and Veronica Visentin start a partnership to operate a personal coaching and lifestyle consulting practice for professional women. Zoe will focus on work-life balance issues, Karen on matters of style, and Veronica on health and fitness. They sign a partnership agreement to split profits in a 3:23 ratio for Zoe, Karen, and Veronica, respectively. The following are the transactions for CARLA VISTA Personal Coaching: 2020Mar. 2 The partners contribute assets to the partnership at the following agreed amounts: Z. Moreau K. Krneta V. VisentinCash S14,900 $10,500 $19,900Furniture 17,400 Equipment 19,600 14,600Total $34,500 $27,900 $34,500 They also agree that the partnership will assume responsibility for Karen's note payable of S4,900. Dec. 20 Zoe, Karen, and Veronica each withdraw $29,900 cash as a "year-end bonus." No other withdrawals were made during the year. 31 Total profit for 2020 was $109,000. 2021Jan. 5 Zoe and Veronica approve Karen's…

The Acme Electric Company worked day and night to develop a new current regulator designed to cut the electric power consumption in aluminum plants by 35%. They knew that, although the competition was fierce, their regulator could be produced more cheaply, was more reliable, and worked more efficiently than the competitors’ products. The owner, eager to capture the market, personally but somewhat hastily put together a 120-page proposal to the three major aluminum manufacturers, recommending that their regulators be installed at all company plants. She devoted the first 87 pages of the proposal to the mathematical theory and engineering design behind his new regulator, and the next 32 to descriptions of the new assembly line she planned to set up to produce regulators quickly. Buried in an appendix were the test results that compared her regulator’s performance with present models, and a poorly drawn graph showed how much the dollar savings would be. Acme Electric didn’t get the…

List out the: What are the Issues 
What are the Laws on the Issues Application of the Law to the Issue-Analysis Conclusion Jim and Jane got married last Sunday. The next day they travelled to Extended Stay Hotel in Miami for their honeymoon. They arrived at the Hotel, checked in and proceeded to their room. At the back of the front door in their room was a notice excluding liability, which read that " Extended Stay will not be responsible for articles lost or stolen, unless it is logged at the front desk for safe custody." However, this exclusion clause could only be seen after the door is closed as well as, the actual notice was small and colored in black, with a white background. Regrettably, with all the excitement of their honeymoon, both Jim and Jane did not even notice the exclusion clause at the back of the door. One day when they were out shopping, someone came into their room and stole Jim's laptop. Jim reported the theft to the hotel, but the Hotel's Manager…

1. Explain Value Analysis in business ethics, in 2 pages.

pls help ASAP

Pls help

1.A retired businessman who owned a track of land was approached by a real estate agent, who is interested to buy his land. The purchase price offered by the agent was above the prevailing fair market value (FMV). The agent wants to develop the land into a commercial area and sell it to the public. The agent discussed the terms and conditions of the deed of sale in detail to the businessman, and the businessman agreed to the deal. Last year, the businessman was diagnosed of dementia by his family doctor, and the agent though was aware of it.  Was a contract of sale formed? If yes, is it enforceable? Please state your reasons.  2. Jacky invited her friend, Lourdes, to her house. Lourdes has a beautiful sport car and Jacky is interested and offered to purchase it at a prevail market price or FMV, but Lourdes rejected her offer. Jacky offered Lourdes a bottled of vodka. When Lourdes consumed so much of it, she feels dizziness. Jacky took advantage and offered again to purchase her sport…

SECTION D Read the following extract and then answer the question belowA client is interested in setting up a business and does not know which form of business to use. He has been told that he can form a sole proprietorship, or partnership, or a limited liability company. He comes seeking for business advises on the advantages and disadvantages of a registered company. Make a comparison between a sole proprietorship, partnership, and a limited liability company.

Mr Abuhas set up a Limited Liability company as a retail business. He employed a Managing Director to manage the affairs of the business. The managing Director openvacancies and employed several subordinates into the company to work under him. Two years down the line,The MD resigned from the company and one of the employees was promoted as the New MD. During the First MD regime, Sales staffs were meeting their targets over and above expectations but as soon as the New MD assumed his position two Sales staffs resigned and hence sales within the first term ofh is office fell 15%. 1.What should the new MD do? 2.As as staff of the company, what will you feel or think? 3.What type of leader is the new MD?

At a recent board meeting of Co., a non-executive director suggested that the company’s remuneration committee should consider scrapping the company’s share option scheme, since the executives could be rewarded by the scheme even when they do not perform well. A second non-executive director had a view that, even when the executives act in ways which decrease the agency problem, they might not be rewarded by the share option scheme if the stock markets were in decline.  REQUIRED:  Explain the nature of the agency problem and discuss the use of share option schemes and performance-related pay as methods of reducing the agency problem in a stock-market listed company.

M2

Corporate governance is balancing the interests of a company's various stakeholders, which include shareholders, management, consumers, suppliers, financiers, the government, and the general public. what are the three types of corporate governance and explain each

During the year ended December 31, 20X1, Greenacre Hospital received the following donations stated at their respective fair values: Essential specialized employee-type services from members of a religious group $100,000 Medical supplies restricted for indigent care from an association of physicians and used for such purpose in 20X1 30,000 How much total revenue from donations should Greenacre report in 20X1?   A. $130,000 B. $100,000 C. $30,000 D. $0V

Todd and Mary own a local store. They would like to establish a business plan to ensure it will continue to operate in the event an owner becomes disabled or dies. They do not want to change the structure of their business nor do they want to relinquish any control of the company. Which one of the following statements satisfies Todd and Mary's goals? A)A buy-sell agreement would allow them to continue operating the company without additional participants, while a recapitalization could decrease their ownership interests.     B)A buy-sell agreement should be used because it assures the owners of a market for their business, while a recapitalization does not.     C)A buy-sell agreement should be used because it allows the owners to set a desired purchase price in a private agreement that cannot be scrutinized by the IRS.     D)A buy-sell agreement would enable the owner to create a market for the business; however, gift tax may be incurred when interests are gifted.

Several months ago, Amanda Potter became a trustee of Breakthrough, a UK charity that supports educational and cultural initiatives for underprivileged children. Potter was invited to join the board of trustees by the board chairman, a long-time friend. In the time since her appointment, Potter has begun to learn about the activities of the charity; however, there are still aspects of operations and funding about which she is not altogether clear. There is some disagreement between trustees about whether the main area of activity for the charity should be educational or whether it should focus more on cultural activities. The board of trustees has met only twice since her appointment, and Potter now understands that many of the policy decisions are made by the chief executive of the organisation and his small management team. Since her appointment, Potter feels that she has done very little as a trustee. She is also annoyed that she has twice been asked to find individuals or companies…

3. Buster operates Buster's Safe Waste, a company that transports toxic chemicals. Buster's company advertises itself as the safest toxic waste transport in the country. They take precautions are over and above all federal and state safety guidelines. In spite of these added safeguards, one of Buster's drivers is involved in an accident while transporting radioactive waste. Can Buster's Toxic Waste be held liable for injuries and harm caused by the radioactive material spilled in the accident?

In 2022, Bridget and Jeremy are married with two children, Laura and Sam. Bridget earns $60,000 from her job as an accountant. Jeremy earns $25,000 per year as a biologist. Jeremy also pays $5,000 of alimony per year to his ex-wife. Jeremy’s alimony agreement with his ex-wife was signed and executed on November 20, 2007. Jeremy owns a 30% interest in Bio-Clean Partnership. Bio-Clean earned $60,000 in operating income during the year, it also paid a cash distribution of $20,000 to Jeremy during the year. Bridget has $5,000 of interest from City of Jackson, Mississippi Bonds. She also has $7,000 of interest from General Motors bonds. They provide over half of the support for both of their children who live at home with them. Their daughter Laura is 17 and earns $10,000 per year at her hourly job at a hamburger restaurant. Sam is 22 years old and attends State University full-time and lives at home during the year. He earns $15,000 per year at a part-time job at a local museum. They also…

Topic: Sarbanes-Oxley Act of 2002 Find out about the Sarbanes-Oxley Act of 2002, its background, the reason for the law and its application and results during the last 15 years after it was approved. Observe if in Puerto Rico government entity or supervisory body for accounting, auditor independence rules and corporate accounting, investor protection in order to impose criminal and civil penalties for violations of the stock market. Include in your research the perception of how effective that entity is in protecting the interests of consumers. If this type of entity does not exist in Puerto Rico, argue from the consumer's point of view whether or not to create this type of government entity. Instructions: Please provide a minimum of 6-9 parragraphs of 5 senteses each. It must include at least 2 academic sources, formats and cited in accordance with current APA regulations

A group of health-conscious Buddhists have bought shares in a company that manufactures alcoholic beverages. About 400 members of that group are now shareholders and holding various amounts of shares. The members of the group who are now shareholders are not against the tobacco company making money. They are only concerned that the company is not implementing the right Occupational Health & Safety (OHS) standards, and that, moreover, it is not doing enough to prevent under-age smoking in Australia.   Explain the rights of these members to question the company directors in a members’ meeting regarding the company’s operations.