Business Law - 1164 Words

Application of Law to the Facts: In light of all the facts based upon the law relating to nondisclosure agreements (NDA’s), a court most likely would rule in favor of Greenes Jewelry. This ruling comes from the matters of breaking legal contracts. NDA’s are legal binding contracts. Ms. Jennifer Lawson breached the confidentiality agreement/contract, that she was required to sign upon working for Greenes, when she took secret information to multiple competing jewelers. The agreement was a valid bi ­lateral contract which was expressed in writing. To qualify as a contract, a set of promises must be based on a voluntary agreement, which is made up of an offer and an acceptance of that offer. Any court will need to know the terms each†¦show more content†¦This is unlike the product Howell’s produces, which have caused disfiguring rashes. Greene’s product affords them the benefit of the doubt from their industry and community at large. The defendant’s contention is derived on circumstantial evidence, meaning that there is no direct evidence to show that Greene’s explicitly terminated her employment based solely on her pregnancy. Greene’s should attempt to be proactive by letting the public know that Ms. Lawson’s 3 years of outstanding work should not go without notice. Additionally, the plaintiff should plan to publicly announce their unfortunate situation which has caused the need to downsize and eliminate the positions held by all junior executive secretaries. As a showing of good faith it may also be in the company’s best interest to offer severance packages for their displaced former employees to help them along as they move on to the next stage of their careers. Letting the public know that they care and are truly saddened by having to let their employees go will play on sentiment and may help to bring the public to Greene’s side, thus reducing their reputational risk. Greene’s also needs to look into how they keep their secrets in the future. Confidentiality or nondisclosure agreements (NDAs) are widely used but often poorly reasoned or inadequately implemented. When are theyShow MoreRelatedBusiness Law And Ethics : Backoffice Business Brief1862 Words   |  8 Pages Running head: BACKOFFICE BUSINESS BRIEF 1 Business Law and Ethics BackOffice Business Brief Patten University BACKOFFICE BUSINESS BRIEF 2 Constitutional Rights and Guarantees BackOffice is a new startup business that will provide potential clients with an application (app) that woul d automate certain business functions. BackOffice will be selling the app to certain business clients that will use it to facilitate their customers’ transactions. It is important that the owner of this companyRead MoreLegal Underpinnings of Business Law Essay609 Words   |  3 PagesLegal Underpinnings of Business Law OMM 670: Legal Environment February 25, 2013 Legal Underpinnings of Business Law Business | Type of Business | Liability Exposure | Compare | Contrast | Tinker’s Home Security Service | Sole proprietorship | Unlimited | Monetary rewards are from both the Proprietor amp; business | Sole Liability | Tinker amp; Tailor’s Home Security Service | General partnership | Unlimited | All partners are responsible whether silent or active | If you areRead MoreLaw 531 Business Forms Worksheet1386 Words   |  6 Pagesï » ¿University of Phoenix Material Business Forms Worksheet There are seven forms of business: sole proprietorship, partnership, limited liability partnership, limited liability company (including the single member LLC), S Corporation, Franchise, and Corporation. 1. Research and provide three advantages and three disadvantages for each business form. 2. Provide a 100- to 200-word summary in which you provide an example business that you would start for each form. What is legally necessary toRead MoreBusiness Law3143 Words   |  13 Pages2012 – OCTOBER SEMESTER 2012 STUDENT NAME: CHU THI HONG TUYEN ID No.: 2448481 BMLW5103 – BUSINESS LAW ASSIGNMENT Question 1 Discuss the enforceability of an agreement which lacks consideration. Using legal authorities (relevant statutes and cases) to support your discussion. Answer: A valid contract is an agreement made between two or more parties that creates rights and obligations that are enforced by law. What does the consideration mean? And what does it effect to the agreement? ConsiderationRead MoreBusiness Law : Labor And Employment Law891 Words   |  4 PagesBusiness Law: Labor and Employment Law Each and every day business throughout the United States are met with challenging situations that are centered around labor and employment law. As the director of human resources for Company X, I have been tasked with analyzing three situations that may or may not violate any federal acts. The federal acts that will be considered are the Family Medical Leave Act of 1993 (FMLA), the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans withRead MoreBusiness Law762 Words   |  4 PagesB Bai 1 : Business Law: 40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rearRead MoreBusiness Law Development Of Mongolia2212 Words   |  9 PagesCourse Paper Myagmarsuren Jargal International American University BUS 540: Business Law for Managers Flavia LLoyd June 28, 2015 Business Law Development Issues in Mongolia Mongolia is a developing country, which is encountering challenges to develop modern business law. During the twentieth century, Mongolia had been a socialist country and developed almost fifty years of non-private property regime. However, the end of the twentieth century, the country changed its regime to democraticRead MoreBusiness Law1345 Words   |  6 PagesQn 1: Whether James can hold the Happy Holiday Hotel for the loss of his property under the common law? The issue of this case will be whether James can hold Happy Holiday Hotel responsible for the loss of his property notwithstanding the exemption clause found in the hotel rooms. Under the Exemption Clauses in Common Law, it states that in order for this clause to be valid, the clause must be included in the contract when the contract is made. If there is any attempt to include it in after theRead MoreBusiness Law1088 Words   |  5 Pagesconditional constitute consideration? Yes, such a promise consideration even if the condition is unlikely to occur. 3. What is the general rule about the adequacy of consideration? The adequacy of the consideration is irrelevant because the law does not prohibit bargains. 5. Is there consideration when a secured note for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount? Explain. No, because if a secured not for a lesser amount is given andRead MoreBusiness Law2474 Words   |  10 Pagesnature of liability in negligence amp; (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC amp; (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned to VJSC 8 Conclusion 11 References 12 Introduction Law plays important roles to protect benefits, obligations and

The, The Beautiful Mexican Maid - 1559 Words

During the mid-1800s, many Anglo-Saxon Americans, including author Ned Buntline, were against U.S. expansionism and the concept of â€Å"Manifest Destiny.† Subsequently, they were also against the U.S. invasion of Mexico in 1846. Due to their nativism, they were worried about the incorporation of the natives in the conquered territories into America. Buntline used his novel Magdalena, The Beautiful Mexican Maid: A Story of Buena Vista, to express his fears and to convince his readers that incorporating native Mexicans into the union might seem like a good idea at first, but would ultimately be an unwise decision for the country. Manifest destiny was the widely held belief that America was destined to expand the entire continent. Once the country touched the Atlantic and the Pacific, Americans started looking overseas for territory to expand to. This expansion took the form of American intervention in other countries in order to bring democracy, but in reality this expansion was for America’s own gain. In 1898, Spain declared war on America due to America’s intervention in Cuba’s war for independence. The war was not only fought in the Caribbean, but also in the Pacific, which led America to be involved in the Philippine Revolution and in turn the Philippine-American War. After America won the war, it gained several new island territories around the world, which led people to believe that the war was fought due to America’s interest in the territories and not due to the fact thatShow MoreRelatedArticle Review of Menu Girls by Denise Chavez Essay600 Words   |  3 Pagesdesired to be. They were beautiful, confident, and mysterious. Rivera also brings up the fact that even the girls names were created to exemplify beauty. For example, Eloisa is compared to the goddess Venus. Diana is named for the goddess of the moon. The names were created on purpose to show the girls beauty and mystery. In the end, though, Rivera states that Chavez twists the plot around by showing Diana when she gets older. Diana is no longer this beautiful goddess. She is, at the endRead MoreI Had A Good Life1474 Words   |  6 Pagesmulticultural. I am proud of my Mexican heritage but I am also very thankful for all the opportunities the US gave me. I made friends and unbreakable bonds in both sides of the border but I knew I had to do more than that and leave my home towns. That’s when I decided I had to come to San Antonio and attend school there. Once in college I grew a lot as an individual I was on my own and there was no more mommy and daddy to lead the way or take c are of you. There was no more maids to wash your clothes or makeRead MoreEmma and Clueless Essay897 Words   |  4 Pages they misjudge others, and they experience the same types of problems in their romantic relationships. 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Mora creates a snapshot of the dangers of living near the Mexican border through the narrators game. The poem is written with childish language, but includes ambiguity of whether the players are children approaching a disturbingly mature theme or whether they re adults trying to minimize the stress of the situationRead MoreLangston Hughes Research Paper25309 Words   |  102 PagesHughes, 1933 (Library of Congress) Langston was not ashamed of being a black American. He had already written poems celebrating his heritage. He felt connected to the oppressed brown people of the world and hated his father for mistreating his Mexican employees. Witnessing his fathers tyranny made Langston sick enough to require hospitalization. By the end of the summer, Langston was glad to return to school in the United States. On the journey to his mothers house in Cleveland, Ohio, he recognized

Health Care Reform Essay Example For Students

Health Care Reform Essay 9:15Due to the upcoming presidential election, the two major political parties, and their candidates, have been focusing on the primary problems that the nation will face. Chief among those problems is the future of Medicare, the national health-insurance plan. Medicare was enacted in 1965, under the administration of Lyndon B. Johnson, in order to provide health insurance for retired citizens and the disabled (Ryan). The Medicare program covers most people aged 65 or older, as well as handicapped people who enroll in the program, and consists of two health plans: a hospital insurance plan (part A) and a medical insurance plan (part B) (Marmor 22). Before Medicare, many Americans didnt have health insurance coverage, but since its inception the program has enrolled almost 40 million beneficiaries, who jointly fund the insurance program along with the national government (Carnegie). According to Dr. Don McCanne, a member of the Board of Directors of Physicians for a National Health Pr ogram, Before the passage of Medicare in 1965, only 52% of persons age 65 and over had hospital insurance and less than 15% had adequate health insurance (McCanne). The Medicare program has improved access to healthcare and improved the quality of life for millions of elderly members, and has provided insurance for millions of persons with disabilities. By reducing the burden of large medical bills, Medicare also has improved the economic status of the elderly. As Dorothy Price points out Over its 33 year history, Medicare has channeled billions of dollars into the health care system, helping to foster enormous improvements in health care technology and medical education (Carnegie). Unfortunately though, the program is now facing two major problems: beneficiaries are still having trouble in finding affordable care, and the Medicare program itself is not properly funded. As a result of these problems, the program could cease to exist unless a solution is found. One of the problems of Medicare itself is that it doesnt cover the costs of prescription drugs for its members; this has led to one of the major reasons that the program is in danger. A great deal of personal healthcare relies on the use of drugs, and since the program doesnt cover these costs, the individual must bear them. According to the AARP, in 1999 out-of-pocket costs for prescription drugs were estimated to be $450 per person each year (AARP). Obviously, members have joined the program to defray their medical costs, but these figures indicate that they still have large costs to pay. The other problem faced by the Medicare program is that it is also suffering from a lack of funds. According to Governor George W. Bush, the financial health of Medicare is in serious jeopardy and might face deficit as soon as 2010 (Bush). As a result of these major problems, one might wonder why the plan isnt scrapped for another program; well according to polls done by the Public Agenda, an Inte rnet public policy site, American citizens are strongly in favor of Medicare, and would rather see the problems ironed out (Public Agenda). Therefore it is necessary to come up with a solution, so that the Medicare program remains intact. The most favorable solution for these problems is for the national government to alleviate the out-of-pocket costs (such as the costs for drugs) of the beneficiaries by funding the Medicare program through the use of the national budget surplus. As of now, funding for Medicare has been provided through payroll taxes and social security taxes paid by enrolled members and their employers, and also through general revenues provided by the government. In fact, statistics provided by the United States Senate and Senator William Frist (R-Tenn.) indicate that Medicare members fund 25% (about $45/month), and the government covers the other 75% of Medicare costs (Frist). However, using revenue from the budget surplus would take the pressure off the beneficiaries and the government as well, by steadily lowering payroll and social security taxes. Another important reason that makes this proposal worthy is the fact that the national budget surplus will continue to increase beyond 2010. In fact, according to George W. Bush, the budget surplus is expected to grow well past $5 trillion over the next 10 years (Bush). Considering the fact that Medicare expenditures project to cost around $452.2 billion over that same period (Bush), there will be plenty of money still available for military, education, and other government expenditures. Obviously, if the budget surplus were to decrease or remain stagnant over this time, it would be very costly to maintain Medicare under this proposal, but due to the budgets optimistic (to say the least) outlook, the proposal is very sensible and effective. .uacad61e03513a7d48cacf4ee70e05f8c , .uacad61e03513a7d48cacf4ee70e05f8c .postImageUrl , .uacad61e03513a7d48cacf4ee70e05f8c .centered-text-area { min-height: 80px; position: relative; } .uacad61e03513a7d48cacf4ee70e05f8c , .uacad61e03513a7d48cacf4ee70e05f8c:hover , .uacad61e03513a7d48cacf4ee70e05f8c:visited , .uacad61e03513a7d48cacf4ee70e05f8c:active { border:0!important; } .uacad61e03513a7d48cacf4ee70e05f8c .clearfix:after { content: ""; display: table; clear: both; } .uacad61e03513a7d48cacf4ee70e05f8c { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uacad61e03513a7d48cacf4ee70e05f8c:active , .uacad61e03513a7d48cacf4ee70e05f8c:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uacad61e03513a7d48cacf4ee70e05f8c .centered-text-area { width: 100%; position: relative ; } .uacad61e03513a7d48cacf4ee70e05f8c .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uacad61e03513a7d48cacf4ee70e05f8c .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uacad61e03513a7d48cacf4ee70e05f8c .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uacad61e03513a7d48cacf4ee70e05f8c:hover .ctaButton { background-color: #34495E!important; } .uacad61e03513a7d48cacf4ee70e05f8c .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uacad61e03513a7d48cacf4ee70e05f8c .uacad61e03513a7d48cacf4ee70e05f8c-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uacad61e03513a7d48cacf4ee70e05f8c:after { content: ""; display: block; clear: both; } READ: Chester Wilmot EssayPerhaps the only other alternative to Medicare itself would be for the government to adopt a centralized form of healthcare, similar to the one employed in Canada. In that program, every citizen would be entitled to the same benefits regardless of age, disability, or unemployment. Although this program seems like it would be for the best, it would take many years to implement the system. Legislation for a major issue such as healthcare normally spans several years (Frist), and is one reason that the government and neither party has ever brought the idea to the forefront. Furthermore, the financing for a public healthcare plan would shift more to the peo ple since the government would be realizing all of the costs. Although still in use in Canada, the public healthcare system caused quite a scandal in the late 1980s in the province of Alberta. In order to make up for the enormous costs accrued by the program, restrictions were placed on the amount of drugs that were to be prescribed by physicians (Marmor 97). This raised many concerns over the program and its lack of medical ethics. In fact, many organizations in Canada have formed coalitions to prevent incidents like this from occurring. One such coalition, the Friends of Medicare, was instrumental in helping pass the Canada Health Act in 1994 (Marmor). The Act is designed to ensure that Canadians receive comprehensive medical care at no cost. As mentioned earlier, most Americans would rather see the Medicare program revamped instead of replaced. One of the measures that the government took was the establishment of the Medicare HMO (health maintenance organization). This program was designed to allow HMO subscribers the ability to use any hospital or physician. Previously, patients who contracted with HMOs were only allowed to use hospitals and physicians under contract with that HMO provider (Marmor 192). As a result, many people feared that HMOs were more worried about money, then the health of its subscriber. With the advent of Medicare HMO, many more people subscribed to different providers. According to the Medicare HMO Internet site, the total membership of HMOs has risen to over 7 million people as a result of its partnership with the Medicare program (MCOL). The problem with the HMO is that it is an even more private form of healthcare insurance then Medicare, and therefore costs more to the individual. Whereas muc h of the spending for Medicare is provided by payroll taxes, many employers do not even contract with health maintenance organizations due to cost (Ryan). Therefore, subscribers must pay more in premiums each month, then the estimated $45 monthly Medicare charge. By using revenue from the budget surplus to cover Medicare costs, the national government would be benefiting itself, as well as Medicare subscribers. As previously mentioned, payroll taxes and social security taxes, current sources for Medicare funding, would be considerably lower and more elderly and disabled persons would be able to enroll in the program. The money from the budget surplus would be used primarily for out-of-pocket expenditures, such as prescription drug costs, as wells as to finance hospitals and medical technology. The government would benefit because of a stable national health-insurance plan, and due to a rapidly increasing budget surplus which figures to increase well over $5 trillion over the next ten years. This allows the government to take care of other major problems areas such as education, crime, and the armed forces. Although there are other alternatives such as switching to a more centralized form of medical care or relying on a more private form of me dical care, each has several important problems. The time spent on legislation dealing with a public healthcare system, combined with moral aspects of the system make it less appealing. Likewise, added costs and insurance premiums for individuals, and the heavier financial burden on the government make the private system less desirable as well. Based on these facts, the best solution would be to reform the Medicare program through budget surplus financing. .uea488d9da25a8a99c35352dc0902f2ec , .uea488d9da25a8a99c35352dc0902f2ec .postImageUrl , .uea488d9da25a8a99c35352dc0902f2ec .centered-text-area { min-height: 80px; position: relative; } .uea488d9da25a8a99c35352dc0902f2ec , .uea488d9da25a8a99c35352dc0902f2ec:hover , .uea488d9da25a8a99c35352dc0902f2ec:visited , .uea488d9da25a8a99c35352dc0902f2ec:active { border:0!important; } .uea488d9da25a8a99c35352dc0902f2ec .clearfix:after { content: ""; display: table; clear: both; } .uea488d9da25a8a99c35352dc0902f2ec { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uea488d9da25a8a99c35352dc0902f2ec:active , .uea488d9da25a8a99c35352dc0902f2ec:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uea488d9da25a8a99c35352dc0902f2ec .centered-text-area { width: 100%; position: relative ; } .uea488d9da25a8a99c35352dc0902f2ec .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uea488d9da25a8a99c35352dc0902f2ec .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uea488d9da25a8a99c35352dc0902f2ec .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uea488d9da25a8a99c35352dc0902f2ec:hover .ctaButton { background-color: #34495E!important; } .uea488d9da25a8a99c35352dc0902f2ec .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uea488d9da25a8a99c35352dc0902f2ec .uea488d9da25a8a99c35352dc0902f2ec-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uea488d9da25a8a99c35352dc0902f2ec:after { content: ""; display: block; clear: both; } READ: Netsourcing software EssayAnnotated Medicine Essays

Transcendentalist Movement Essays (989 words) -

Transcendentalist Movement Terror at Eerie Mt. ?Go find some twigs to make a splint quickly!?said the guide Chris, with a low tone. ?Its going to storm, it looks really bad.? he shouted. ?Listen Dave, I need you to be still and try not think of the pain.? Chris shrieked. ?Can someone please get me something to soak up the blood?! Oh my God!? Chris demanded. ?Stop staring!? shouted the bearded guide. ?Am I going to die cried Dave. ?No you wont die!? the guide screamed. ?He's going to die, look at that thick puddle of blood. I've never seen that much blood.? The other boys whisper amongst themselves. Just then, one of the younger boys bends his head over and began vomiting on the trail, leaving a hot, moist, putrid odor lingering in the air. That began the misery that nearly ended seven innocent lives on a hiking trip to Eerie Mountain. This was my first personal proof that there is a God. And that we are all linked in some way. ?I become a transparent eyeball; I am nothing; I see all; the currents of the Universal Being circulate through me; I am part or particle of God. Ralph Waldo Emerson believed in the concept of the Oversoul which is described as an ultimate spiritual unity encompasses all existence and in which each human being has an individual share. This idea emphasizes the belief that we (meaning everything) is connected under God. We as humans aren't really individual but a fragment of a whole which he calls Nature. Henry David Thoreau, who studied the teachings of Emerson celebrates the vivid beauty of nature in a novel titled Walden, Thoreau spends more than two years on Emerson's land to try and discover God in nature and to honor his brother. Thoreau was mesmerized by a rainbow and it made such an impact on him that he recorded this event into a chapter titled The Ponds ?Once it chanced that I stood in the very abutment of a rainbow's arch, which filled the lower stratum of the atmosphere, tingling the grass and leaves around, and dazzling me as if I looked through colored crystal. Emerson was very aware of the virtue of nature that he makes this comment in the book Nature, ?as the snake his slough, and at what period soever of life, is always a child. In the woods, is perpetual youth.? Emerson's point about the book was, that nature is far more intricate than the human eye interprets. My experience with nature was similarly rewarding as was Thoreau's. Staring down at Dave's broken hip, and replaying in my mind the fall he suffered, I can't deny that I believed he was going to die. All of a sudden I discovered faith inside of me that I didn't know I had. And with this newfound faith I provided some positive energy to the terrorized children that we accompanied to Eerie Mt. Gawking at Dave's grimacing countenance, I myself started to feel nauseous. From that point the presence of God was never more apparent to me. As we hiked back toward camp, the sun was slowly crawling back to his cave below the horizon and the shimmering stars began to appear. The next day we left Eerie Mt. to take Dave to a hospital, I began to think about the oneness I felt with nature and God that day before. ?It is impossible for a man to be cheated by anyone but himself.? Self Reliance by Emerson challenges us as a society to be individual, and not worry about fitting in or winning someone else's praise. This idea is a perfectly logical notion. Emerson believed that the world is based on conformity. He thought that people are too afraid to be themselves and to voice their opinions and ideas. Emerson thinks we should trust our higher instincts before reverting back to what would be more acceptable. Self Reliance teaches us to trust ourselves and to believe that what is inside although not common can still be admired. This idea of Emersons' demands our society to start questioning things and developing our own theories. As a child, I was taught to be more realistic and to not just accept things as they appear. In life I've learned that everyone will try to influence you to believe what they believe. For the most part, I am a listener, but to those who truly know me, could tell you I also am a questioner. I try to controvert all