Essay on Glendale Chemical Products Pty Ltd V Accc (1999) Atpr 41-672

This case study describes what happens when a health district merges four laboratories into one unit due to external driving forces for change, primarily the government funding cuts. Although the intention was to develop one centralized, efficient, and high volume centre, the inattention to the ‘people issues’ and the cultural differences of the work units results in chaos. The recently hired laboratory manager, Claude, has implemented several stopgap measures intended to address the work load issues resulting from high turnover levels and sick leave usage. However, these measures do not improve the morale and performance problems of the laboratory. Time is running out for Claude as his supervisor gives him an ultimatum to ‘clean house

1. Why is Brown Forman considering buying Southern Comfort? In your answer consider the strategic motives of Brown and the arguments in favour of and against the acquisition.

From year-end 2004 through the first-quarter 2008, defendant Brian Fox misled the investing public by fraudulently inflating the revenue and assets and fraudulently omitting major liabilities, of Powder River Petroleum International, Inc. (“Powder River” or the “company”) in the company’s Commission filings, and by making other false and misleading public disclosures. From year-end 2004, Powder River conveyed working interests in oil and gas leases to investors in Asia for over $43 million. Because Powder River promised full repayment of the working interest

The case that I have chosen to discuss is Case 85 Cal.Rptr.2d 844 (1999) 978 P.2d 2 20 Cal.4th 785 Peter Ramirez, Plaintiff and Appellant, v. YOSEMITE WATER COMPANY, INC., Defendant am Respondent, No. S070114, Supreme Court of California, June 17, 1999.

This court has recognized the “Supreme Court's admonition that courts closely circumscribe the FLSA's exemptions. Nicholson v. World Bus. Network, Inc., 105 F.3d 1361, 1364 (11th Cir.1997) (citing A.H. Phillips, Inc. v. Walling, 324 U.S. 490, 493, 65 S.Ct. 807, 89 L.Ed. 1095 (1945).

Odishelidze v. Aetna Life & Casualty Co., 668 F. Supp. 94 (D.P.R. 1987) Tri-Continental Leasing Corp. v. Cicerchia, 664 F. Supp. 635 (D. Mass. 1987)

This paper examines the development and scope of accessory liability under the second limb of Barnes v Addy as it stands in both England and Australia. As to the law in England, the focus will be on the rearticulation of the principle of accessory liability under the second limb as stated in Royal Brunei Airlines Sdn Bhd v Tan. In particular, it will consider the extent to which the decision has reconciled inconsistencies in earlier authority and remedied those issues propounded to be inherent in the traditional formulation of the principle. At this stage, this traditional principle remains good law in Australia. However, as suggested in Farah Constructions Pty Ltd v Say-Dee Pty Ltd, there is potential for the

In reviewing the online Blackboard document and evidence regarding the case of Susan v. Cansco, we can see that the plaintiff, Susan (last name is unknown) has stated negligence against the defendant; Cansco, who is the distributor of Susan’s purchased dented canned chicken at the Superfast grocery store.

This case clarifies who is defined as a supervisor in harassment lawsuits. The opinion of the case states that “an employee is a supervisor for purposes of … liability under Title VII if he or she is empowered by the employer to take tangible employment actions against the victim.” This means that if the employee fired, demoted, disciplined, changed the work schedule of, or transferred the victim, etc. then the employer is liable for harassment. But, if the person is a manager without the power to change the victim’s employment status, then the employer is not liable for harassment so long as the employer established a system that allowed the victim to notify senior management of the harassment so that senior management could deal with the harassing

For the reasons stated in the first part of this paper, I do agree that Hennessy had a duty to warn and that the failure to do so makes them liable. Additionally, since in the case of Bettencourt v. Hennessy Industries Inc., 206 Cal.App.4th 140 (2012) was initially decided in favor of Bettencourt ("Uncertainty in CA: Non-Asbestos Products Used With Asbestos Products | Asbestos / Mesothelioma Personal Injury Trial Attorney," 2012), I do not believe that this was a simple case to decide and that the ruling of the court could have easily gone the other way.

The concurring opinions in the M&G Polymers USA LLC v. Tackett case was written by Justice Ginsburg that was joined by Justice Breyer, Justice Sotomayor, and Justice Kagan. The basis for them concurring in the courts must apply ordinary contract principles to determine whether retiree healthcare benefits survive the expiration of a collective-bargaining agreement. To determine what the contracting parties intended, a court must examine the entire agreement in light of the relevant industry-specific customs, practices, usages, and terminology. If not, then courts may turn to extrinsic

Kiko’s parents are likely not contractually obligated to give him the $20,000, but this is uncertain. For a contract to be legally enforceable, it must have mutual assent and consideration. The court determines whether there was mutual assent by asking whether an objective reasonable person would have recognized an offer by one party and acceptance by the other. Consideration requires either detriment to the promisee, or benefit to the promisor. Additionally, consideration requires that the offer induces the detriment and that the detriment induces the offer. Leonard v. Pepsico, Inc., 88 F.Supp.2d 116 (1999). Pennsy Supply v. American Ash Recycling Corp., 895 A.2d 595 (Pa.Super. 2006).

The Canadian fradistat industry consists of four companies: Acme Ltd., Beaver Ltd., Canco Ltd., and Deeco Ltd. Though the industry is growing, it needs highly skilled workers where the products cannot be replicated with the current technology but the company focuses on local markets. Canco Ltd. was established in 1976 in Atlantic Canada and is the second largest company with a market share of 29% but the profits in 2007 were only third highest with the products of average quality. The company’s flagship plant in New Brunswick, for the past three years, has been operating below its capacity, as total industry sales in the eastern region have grown slowly and the company lost some of its share of the

The plaintiff Leonard used drastic interpretations of substantive and contract law to express his understanding of the Pepsi Stuff promotion. Plaintiff feels if "an advertisement is clear, definite, and explicit, and leaves nothing open for negotiation [then] it constitutes an offer, acceptance of which will complete the contract"(Leonard v PepsiCo, 6). In such a case, an advertisement that is so specific leaves no grounds for questioning, therefore a contract is formed. The plaintiff attempts to stretch the boundaries of unilateral contracts claiming that PepsiCo made a clear offer and that he should receive the reward promised for his performance of the specified act. This is backed by the commanding 1892 Carlill v. Carbolic Smoke Ball Co. case stating, "If a person chooses to make extravagant promises…he probably does so because it pays him to make them, and if he has made them, the extravagance of the promises is no reason in law why he should not be bound by them" (Leonard v PepsiCo, 6). The plaintiff claims that the commercial posed an offer to him and through this offer he should be granted a reward even though there is no legally binding

Hanover-Bates Chemical Corporation produces chemicals for the chemical plating industry. It has plants in Los Angeles, Houston, Chicago, and Newark. The production process involves taking chemicals purchased from other suppliers and mixing them into user-based formulas. The Hanover-Bates has a strong balance sheet and trades on the over-the-counter market. There are seven sales districts within the organization with a total of forty sales representatives. Each receives a salary, fringe benefits, and commissions of 0.5 percent of their dollar sales volume up to their sales quota. Field sales efforts are extremely important and quality control is critical with supplying the plater with the