Court Report Case Study Example | Topics and Well Written Essays - 3500 words

Court Report - Case Study Example Investors who purchased a majority interest in a corporation did not commit fraud upon minority shareholder in either inducing him to execute employment and royalty contract, or during his subsequent performance under such contract; though following execution of contract investors failed to disclose their honest opinions on shareholder's job performance, failed to disclose facts concerning their attempts to sell corporation, and failed to disclose to prospective buyers corporation's potential liability to shareholder for enormous royalty benefits, such omissions and misrepresentations did not induce minority shareholder to execute contract, nor did he rely upon such omissions and misrepresentations to his detriment in his performance of the contract. A shareholder of a corporation does not generally have a right to sue personally for alleged losses sustained by the corporation due to mismanagement or breach of fiduciary duties; a shareholder may only sue to recover losses to a corpor ation resulting from mismanagement and breach of fiduciary duties secondarily through a shareholder's derivative suit. When an officer knowingly and intentionally acts against the best interest of the corporation or outside the scope of his authority, he can be held liable by the party whose contract right has been damaged. An action against a corporate officer for intentional and unjustified interference with contractual relations may be divided into separate elements: (1) the existence of a contract or a legally protected interest between the plaintiff and the corporation; (2) the corporate officer's knowledge of the contract; (3) the officer's intentional inducement or causation of the corporation to breach the contract or his intentional rendition of its performance impossible or more burdensome; (4) absence of justification on the part of the officer; and (5) causation of damages to the plaintiff by the breach of contract or difficulty of its performance brought about by the of ficer. Conclusion: 1. A plaintiff claiming the existence of an oral contract greater than $500 in value may prove its existence and terms by at least one credible witness and other corroborating circumstances 2. A plaintiff may serve as the one credible witness needed to establish existence and terms of an oral contract in excess of $500 3. The elements are necessary to prove fraud are (1) the existence of a contract or a legally protected interest between the plaintiff and the corporation; (2) the corporate officer's knowledge of the contract; (3) the officer's intentional inducement or causation of the corporation to breach the contract or his intentional rendition of its performance impossible or more burdensome; (4) absence of justification on the part of the officer; and (5) causation of damages. Court of Appeal of Louisiana, Fourth Circuit. SUN DRILLING PRODUCTS CORPORATION v. Jerry J. RAYBORN, Sr. No. 2000-CA-1884. Oct. 3, 2001. STATEMENT OF THE FACTS In 1994, Jerry J. Rayborn owned Sun Drilling Products Corporation. Rayborn began negotiations with a group of Philadelphia investors concerning the

Integrated Case Study Analysis (Prediction markets at Google). Order

Integrated Analysis (Prediction markets at Google). Order 1111879 - Case Study Example It also aims to find if the product will be successful in the market. The case study actually involves the idea of Bo Cowgill, who is an employee of Google, who joined Google in 2003 after finishing his undergraduate degree in public policy in Stanford. The basic aim of the project was to find improved ways to utilize the huge amount of information, which was at the disposal of the company. Friedrich Hayek and the Iowa Electronic Markets had tried to harness this potential amount but had failed initially to implement this idea. The main problem identified in the employees was the lack of non-monetory motivation. The employees were not interested in earning extra money but wanted to be recognised in the organisation. Thus the HR aspect of Maslow’s Heirarchy of needs can be identified as one of the main issue in this case study. Another issue that cropped up was the high involvement of the employees in the prediction market that hampered the work output of the employees. The report is case analysis based on the prediction market of Google. In the case study, there are several problems related to different domains of management and those have been identified in order to come up with a suitable solution. The different problems identified have been segregated into different parts pertaining to their respective domains such as marketing, finance, human resource, etc. In the end, each of the problems have been analysed in order to find an appropriate solution for each of them. All these solutions have been discussed keeping in mind the success of Google Prediction Markets (GPM) as an effective product for the general public at large. The case study is an in depth discussion of the Google Prediction markets from the origin of the idea and the implementation of the concept into a successful product. We are all aware of Google Prediction market or the idea of a prediction market in general. They are very similar to stock market where there is the

Business Policy and Strategic Management Essay Example | Topics and Well Written Essays - 250 words

Business Policy and Strategic Management - Essay Example It is a discount store outlet, focused on marketing brand names for lower prices. Similar stores such as Woolco and Kmart were not as successful as WalMart, because the latter had some unique operating principles which worked to its benefit. After four decades of operation, Woolco outlets have disappeared, while Kmart has moved into bankruptcy, so that WalMart is the top ranking store in the United States. In international locations, Walmart attracted customers by its Everyday Low Prices. It maintained a relentless cost control system by allowing few perks for its officers and employees. It was also able to negotiate tough deals with its suppliers, using its ability to place bulk orders to also make other demand such as high quality and low prices, which it then passed on to its customers. It maintained several distribution outlets and initiated an electronic data interchange system, allowing suppliers to track sales to deliver new stocks and they were also able to exchange invoices, purchase orders and other documents electronically. Another important aspect contributing to Walmart’s success is its human resource and motivational policies.

Developing yourself and others Coursework Example | Topics and Well Written Essays - 1250 words

Developing yourself and others - Coursework Example I like action oriented careers, in which I will be in the goal settings and implementations. My colleague has a converging learning style. He likes experimenting first on theories and principles before he can apply on real office work. He questions everything he is given to work with and rarely does his work following gut feelings. He is interested in developmental work with innovations such as technology and science. For him, everything has to be tackled with an appropriate solution, and what worked for a single problem may not work for another one unless, it is first tried and tested. He is the kind of person who can come up with manuals to be used in the work, and everybody should use the manual when solving the particular problem. The developmental needs assessment for me and my colleague was done using a SWOT analysis. SWOT analysis is an analysis that focuses on strengths, weaknesses, opportunities and threats (Burrow, 2012 p. 148). The first strength I harbor is that I am a hands-on person, and like doing things the best way in which I think will work out. The market is always dynamic changing from day to day and thus what worked yesterday may not function today. The opportunity I have is that I am a fast learner, and I am also very flexible to change and can thus adapt to any organizational setting. My major weakness lies in the use of standards and formulas. I cannot do a job that requires the use of standards, as I prefer taking shortcuts. The primary threat I harbor is the flooding of the market with people who are whole rounded. The major need is to learn how to use standards and patience in implementation of strategies. My colleague’s strength lies in the ability to use standards and use only those formulas that are tested and tried. His major opportunity lies in the fact that he is still young and in school, and, for this reason, will climb the corporate ladder fast because of the amount of certificates he has. His major weakness is

Development of Comprehensive Integrated Marketing Communication Mix Assignment

Development of Comprehensive Integrated Marketing Communication Mix - Assignment Example Other than messages regarding the cure of the Prostate Cancer the charity should also develop messages about creating awareness in the masses. Stage 5: One should identify the channels and who to hit what stake holder. May be message for each stake holder is same but there is difference in approaching them so other than proper message identification of proper channel also matters. This also includes how the message development helps the supporters and teams of the organization to achieve the objectives of the organization and help them in creation of the awareness regarding the disease. Stage 1: Background – The UK Charity Sector The UK charities’ market is large, with more than 169,000 ‘main’ charities registered with the Charity Commission in June 20071. A ‘main’ charity is defined by the Charity Commission as one that is: â€Å"required to prepare accounts and to send an Annual Return to the Charity Commission or, if their income is less th an ?10,000, inform the Commission of changes to the information held on the Register of Charities.† Based on the latest available financial information reported by each of these ‘main’ charities, their total aggregate annual income, according to the Charity Commission, amounts to just over?46 billion. As would be expected, many of the charities are very small, with an annual income of less than ?10,000, which is below the Charity Commission’s reporting threshold. Although these are still required to keep accounts, they do not have to submit them as a matter of course to the Commission. Around 90% of total annual charity income is controlled by the largest 5% of the charities. These are all subject to more stringent annual reporting and audit requirements. There are 722charities with an annual income in excess...In assignment Development of Comprehensive Integrated Marketing Communication Mix, the author describes man principles and backgrounds of this moder n marketing trend in order to create critical outlook and answer next questions: How it can be used nowadays? Which can projects be realized with such method? With the example of different charity programms, the author decides to show the mechanism of this work: ''The UK charities’ market is large, with more than 169,000 ‘main’ charities registered with the Charity Commission in June 2017. A ‘main’ charity is defined by the Charity Commission as one that is: â€Å"required to prepare accounts and to send an Annual Return to the Charity Commission or, if their income is less than  £10,000, inform the Commission of changes to the information held on the Register of Charities.† Based on the latest available financial information reported by each of these ‘main’ charities, their total aggregate annual income, according to the Charity Commission, amounts to just over £46 billion. The charity can also have strategic alliances with the same organizations who are working in same area, the charity can get benefited from their strategies, fundraising strategies for example and it can also adopt their business model as replica if it is working on small scale'' This assignment will be helpful for those who study marketing in University. The theme of this work is more than actual and social acute for modern society and the world.

Personal narrative Statement Example | Topics and Well Written Essays - 1000 words

Narrative - Personal Statement Example A male doctor approached my bed and gave me a quick examination. That is when reality struck me, the pain I was under was not just from the stitches in my face, but every part of my body was aching. The events that led to the state I was in are still fresh in my mind, even though they doo not haunt me nor make me regret, they act as a stern reminder on the need to follow parental orders and doing things at the right time. Writing down my reflections of that horrific Friday that left me in a vegetative state for a year, I would like to plead with my young colleagues at college and in high school to take control of their lives. The events of that fateful Friday night had been seamlessly planned for a month and my friends, and I, were revved up for a mind-blowing night. The mind-blowing aspect amuses me, as at times I tend to think that it did indubitably happen, but on a lighter note as my mind was almost literally blown off. It was during the beginning of March when my friends I decid ed to plan for a house party at the end of the month to be held at John’s, my classmate, place. His parents would be travelling to the countryside for a week, providing the opportune moment for executing our plans. The house party idea was initially meant to be for twenty friends, but word got round so fast that majority of the teenagers at school wanted to attend. This was supposed to be the usual party held by a group of teenagers, but it had escalated into the party of the year way before it had happened. As the schemers of the idea, we decided to charge selected people who were to attend, and use the amount collected for provision of food and drinks. The idea seemed brilliant as we collected five thousand dollars, a huge sum, considering that a hundred individuals would attend the party. The night for the awaited event finally came and we all decided to grace the occasion in style using our parents’ vehicles. I had actually lied to my parents that I was going to Jo hn’s place to give him some company as we finished on some class work. At the back of my mind, I was impressed that I could lie to my parents with a straight face and get away with it, without the knowledge of the events that were to unfold. I could hardly concentrate on anything, and my mind was poised for the night’s events. The anticipation as it appeared was not a unique thing as people turned up early and all psyched up. We had purchased a lot of alcoholic beverages mixing them up with punch to be drunk during the whole night. It was a deception to think that the party would be a secret affair especially with the alcohol around. I had decided to take it slow on the alcohol and only took small pints at a time not knowing the cumulative effect that it would have by the end of the night. Everyone at the party indulged in the drink with several of my friends passing out at the early stages of the party. Things intensified as the night wore on, and everyone was highly intoxicated to think straight. To spur things up we decided to engage in a random game of â€Å"truth or dare† by spinning a bottle. The game is synonymous with majority of the parties that take place around the country, but the night’s tragedy were a direct result of the game and the alcohol. It was my turn and asked for the option between truth or dare I opted for a dare seemingly courageous enough to do anything asked of me by my challenger. The dare involved me driving with a

Renewable Energy Essay Example for Free

Renewable Energy Essay Renewable energy is energy from natural resources such as sunlight, wind, rain, tides, and geothermal heat, these resources are naturally replenished. Renewable energy does not harm the environment or deplete any of our natural resources like fossil fuel. Renewable energy is not subject to sharp price changes because it comes from natural resources. Biomass is currently the largest U. S. renewable energy source with more than two hundred existing bio power plants providing energy for one point five million American homes, according to renewable energy specialist Davor Habjanec. The first time I heard the political differences about renewable energy was the last presidential debate. President Obama stated that he has and will continue to invest in renewable energy, like windmills and solar power. His opponent, Mitt Romney accused Obama of not using more fossil fuels found in America, from building a pipeline in Alaska to investing in oil and natural gas. Romney also claimed that the Obama administration was not expanding research of renewable energy. President Obama’s economic stimulus package included a number of incentives like thirty percent tax credit for renewable energy. Even though coal, oil and natural gas is limited and prices for it reflect that limitation there are still some disadvantages to renewable energy it cannot be stored like fossil fuels. Even though solar power can be stored for a short period of time and if there is no sun light for a number of days you will have no power from solar energy, same for wind energy. The research of renewable energy is very expense. With the economy being as bad as it is forcing cuts to be made in school programs and social programs some believe that we should not be investing so much in renewable energy. They do not dispute that investment in renewable energy does not create jobs. They believe that the same investment should be used on other parts of the economy and that investment will create more jobs and higher payback. According to the U. S. Bureau of Economic Analysis, a million dollars invested in job creation can generate nine point seventy-eight jobs.