buy custom Commercial or Business Law essay

buy custom Commercial or Business Law essay Commercial or business law refers to set of rules that govern and guide parties involved in a business agreement or a transaction. These laws govern the activities of the persons or the parties within the transaction. For example for business contract to be signed between two parties there has to be a drawn rules on what each party is expected and their obligation in a specified business transaction. These rules were developed to reduce conflicts resulting from one partys failure to meet their part of bargain and to help in arbitration or litigation in case a disagreement arose . The principle of fact in law refers to a statement which can be substantiated or established by experiment or observation. A fact can be true or force when re-tested with better instruments. In law a for a statement to be a fact it has to demonstrate a cause of action, to determine whether evidence submitted is admissible or can stand trial, as a ground for possible appeal of the case if the needs arose and by authority to establish whether a possible crime have been committed or law broken (Beatty Samuelson, 2010). In the case presented between McClain and octagon Plc these are some of the facts presented from both sides; Octagon Plc leased premises to McClain on five years tenure and the necessary documents were signed by both the two parties. The area had been estimated and the owners of Octagon confirmed to McCain that they were sure of the measurements. The measureents were estimated to occupy 23% of the whole premises and so McCain was to also pay 23% of the open premises (Bak hitiari Uhl, 2012, pp 101-107). The facts provided by owners of Octagon were accepted by trial court on the favor of Octagon but when rested by appeal court, they failed to stand the test of evidence given. It is also evident from their dealings that, Octagon had hidden important facts to the McClain and used that to fraud her. Business law puts a lot of emphasize a lot of importance on the issue of fact and effects of lack of concrete evidence. The business law put a lot of importance on the presentation of fact and makes them abided. In business contracts, the issue of facts has to be applied in presentation of the tenets to the contract; this will protect the parties in dealings and offer room for litigation or arbitration in case of disagreement arising between the two parties. For any contract to be abiding and valid, it has to be based on facts. From the contract signed between the two parties, there are lots of issues about the law; there was lack of complete disclosure by the one party on what constitute the building this was due to lack of good faith on the side of the Octagon Company. The content of the contract was not complete in matters of law as it needs to have been signed before an attorney or an advocate, after receiving and independent report from property agent nominated by consent of the two parties. This couldd have protected the client who suffered loss due to overstatement of the space. The contract was not drawn with consent of the advocates for the two parties as it favored the owner by giving his sides leeway to make many assumptions. The trial court and the appeal court have been drawn into law tussle in interpretation of the contract. The trial court interpretation of the contract was not done basing on what the whole document contained and thus made a decision to indemnify the octagon plc from any act of wrong doing. The content of the contract was not drawn legally and that made the second court to overturn the ruling of the first court. From the legal point, the agreement between the two parties was drawn basing more on the basis of faith and trust between the two parties which the octagon did not uphold leading to financial loss of the McClain. There were overstatement and misrepresentation of the facts, which favored Octagon holdings and less to loss of money by other party. The agreement was legal but Octagon made it appear social bringing loss to McClain. In legal form, octagon should cater for the financial loss incurred by McClain. McClain is also to blame as she was ignorant of the whole process. In conclusion, every business contract has to be based on facts which will guide what each party present and the other accept. The contact assists when the issue of disagreement between the parties arose. Buy custom Commercial or Business Law essay

Things Fall Apart Essay Example | Topics and Well Written Essays - 500 words - 1

Things Fall Apart - Essay Example It is through this maze that Achebe directs his readers, using the Igbo viewpoint, traditions, and lingo to emphasize a harmony of common human values even to those who criticize African cultures of their prejudiced and untold beliefs (Obaze & Momah). Achebe’s Things Fall Apart is perceptive and very opinionated. Achebe has to be credited for his mysterious capacity of writing a novel that not only deals with history, but with the present and future, foreseeing things to emerge.  The novel is educational and conventional as well as biased, sociological, and historical. While its argument is the poisonous collision of Umuofian religion with the introduced foreign government of the colonizers, it also validates that at the same time as African culture, and literature may have been manipulated by European culture, similarly, European culture has also gained from African cultures (Obaze & Momah). Captivating as it is, the novel’s title of Things Fall Apart is confusing, for the reason that Umuofia does not really fall apart. It does not stand with Okonkwo and oppose change with hostilities, but fittingly adjusts for survival. Umuofia people or Igbo tribe are constantly searching the common sense of what they do and why, measuring up to the neighboring communities, and history. In Things Fall Apart, the only thing that falls apart is Okonkwos life, because of his stubbornness to adapt. The Umuofia people adapts and changes with the world, unlike Okonkwo who prefers to stay behind and

Smart Phones Essay Example | Topics and Well Written Essays - 250 words

Smart Phones - Essay Example Previous phones only had basic functions of calling, messaging and the use of the calculator. However, smart phones have the ability to visit internet pages and even make video phone calls. Another advantage of smart phones is the fact that it is convenient. The contemporary world is laden with different issues and having a smart phone is one very reputable thing. With a smart phone, looking for information on the internet is very simple and one has the ability to solve various issues instantaneously (Stafford, 2009). There are very many disadvantages with regard to smart phones and one of them is regarding the price of the gadgets (Chen, 2011). The price of normal mobile phones is very low but since the integration of smart phones, the prices have changed. The fact that these phones have many applications makes their prices higher than that of normal phones. Another disadvantage of the mobile phones is with regard to their sensitivity. Smart phones have the reputation of being very sensitive as compared to other normal mobile phones and this leads to their ease in breakage. It is critical to understand that despite the widespread positive regards for the smart phones, they are also very

Midnight summer dream play Essay Example | Topics and Well Written Essays - 250 words

Midnight summer dream play - Essay Example Like other Shakespeare’s plays I would have imagined the outfits to me a bit more antique. Although the costumes were not what I expected I was not disappointed. One of my favorite parts of the play was the outfits worn by the characters. I mostly enjoyed the outfits of the fairies, specifically the fairy king and queen. The outfits I learned were designed and hand-made which I thought was cool. Throughout the play, I paid special attention to the two outfits as well as all the accessories worn by the fairy king and queen. I could imagine that the hair on the fairy queen took very long to be made. Another ensemble that I enjoyed is that of all the fairies and Puck. The paint all over their bodies and their faces added to their animalistic look, all the characters made their hair crazy in a different way from each other, which I thought was really cool because each fairy claimed to have different powers. Another aspect of the play I enjoyed was the set. The theatre room is small yet the entire play takes place in the forest and although you would think that this would limit the movement of the characters, it ended up being the complete opposite. Many actors moved across the whole set, going in and out of different exits making great use of the stage. Characters such as Puck and the fairies had some of the most unique movements. I loved the structure and transition of the play and actors movements. It made audience glued to the stage and always in suspense. Certainly, the performers incorporated all the aspects of an excellent play namely main story, pinnacle, and an epoch of falling action yet surpassed by joyous moments that seemed to show the end of the story. The atheists made the story strange yet interesting. Importantly, they never lost Shakespear’s original theme and glamour despite of the differences and acting styles of integrating happy amusing epilogue even during tensions.

International financial markets Essay Example | Topics and Well Written Essays - 2000 words - 2

International financial markets - Essay Example Bonds and stocks are types of securities, and they are each related to a different set of circumstances that govern the relationship between investor and investee. Financing through stocks and bonds is a delicate matter for a company because it impacts on the firm’s rate of return as well as financial risk. Financing through equity usually has a higher cost of capital, because equity holders are entitled to a pro-rata share of the profits. Theoretically, therefore, stockholders’ expected returns have no limit. However, since the stockholders are not entitled to any returns if the company incurs losses, then there is no default risk associated with equity. On the other hand, debt capital entails a cost of interest to the borrower-firm. Interest rates associated with long-term debt are lower than the cost of equity to the firm, because debt is contracted at a fixed rate and is therefore limited to that rate, even though the firm earns much higher rates of income. There is a risk, however, associated with the possibility of default. Even if the firm incurs losses, its obligation to pay interest on its debt is fixed, therefore its in ability to meet with interest payments may incur for it costly penalties. The nature of the firm’s business affects the firm’s ideal capital structure – that is, the proportion of the needed capital it may finance through debt and through equity. The following are examples of industries and their average debt and equity ratios. It may be noted that companies in the same business do not necessarily have the same capital structures. For instance, in the consumer non-cyclical industry, Starbucks is financed entirely by equity, while Kellog relies slightly more on debt financing rather than equity. Raising money from the bonds market. Large corporations could raise money through the bonds market. The process involves the underwriting of the bonds float by either one or several

Law, Social and Ethical Responsibilities in Business Essay

Law, Social and Ethical Responsibilities in Business - Essay Example As we continued walking, we met a friend of ours. We asked him if he saw our POI and he informed us that he was in church. We went to the church which was some distance away from school. As we went our way and crossed the busy street, an idea came up in the mind of Y. She suggested that a message be sent to the Supreme Student Council (SSC) informing them that we were hit by a car while crossing the street. The idea hatched and we hoped we could enjoy the joke. After that, I dropped the phone in my pocket, making-believe that something has happened to the three of us. The mobile phone in my pocket kept ringing and ringing but I didn't notice it because we were so engaged in laughing while walking, imagining how the Supreme Student council would be rattled. Then I noticed the phone ringing, but before I could answer, I composed myself that I may act as though I were really scared. In my conversation with the caller, I noticed that his voice was nervous and I continued acting, like crying at the same time talking in a confused manner, telling him where we were. I laughed a little in between my sobs but he didn't notice. So, perfect! We did it! They ran barefoot to our place: the senators, our PIO, our Internal Affairs Officer. Shockingly, Prof. F, who was tabulating the game results, was disturbed by the news that he heard and hurriedly moved to keep away his things. In the process, he hurriedly closed his laptop computer which eventually fell hard on the cement floor. Meanwhile, we got ready for we were sure they would be looking for us. While on our way, our Vice President got his phone and began calling Dr. Jane, our Faculty Adviser. She was very busy printing the certificates for winners that time, but alarmed by the news, she began calling someone near the supposed accident site to contact an ambulance, but to no avail. There was misinformation between the SSC Officers. I already told one of the officers that my two companions were in an ambulance but he failed to tell the VP. One fellow senator continued running, but while he was on his way, he noticed why there were none among the people looking alarmed and no ambulance was in sight as I had told him. When he came to where we were, he was very angry and he felt betrayed as he saw us walking and laughing without the wounds I had reported. He threatened to kick us out of the Council, where he initiated a Council Resolution afterwards for our expulsion from the Council. After the other officers came to know that we were only joking, they got very angry and our VP told us that we had to explain to our Adviser, Dr. Jane, and the tabulator why we did what we did. Although earlier, the whole thing was nothing to Dr. Jane but child play, she began to see the whole thing in a different light when Prof. F, the tabulator, began to pester her for payment of the fallen laptop at $740 on account of the mischief of the students. The new laptop was on memorandum receipt (MR) issued to him by the State University and he wouldn't be able to be cleared of obligations by the end of the semester when he asks for clearance. The question is who is responsible for paying for

International financial markets Essay Example | Topics and Well Written Essays - 2000 words - 2

International financial markets - Essay Example Bonds and stocks are types of securities, and they are each related to a different set of circumstances that govern the relationship between investor and investee. Financing through stocks and bonds is a delicate matter for a company because it impacts on the firm’s rate of return as well as financial risk. Financing through equity usually has a higher cost of capital, because equity holders are entitled to a pro-rata share of the profits. Theoretically, therefore, stockholders’ expected returns have no limit. However, since the stockholders are not entitled to any returns if the company incurs losses, then there is no default risk associated with equity. On the other hand, debt capital entails a cost of interest to the borrower-firm. Interest rates associated with long-term debt are lower than the cost of equity to the firm, because debt is contracted at a fixed rate and is therefore limited to that rate, even though the firm earns much higher rates of income. There is a risk, however, associated with the possibility of default. Even if the firm incurs losses, its obligation to pay interest on its debt is fixed, therefore its in ability to meet with interest payments may incur for it costly penalties. The nature of the firm’s business affects the firm’s ideal capital structure – that is, the proportion of the needed capital it may finance through debt and through equity. The following are examples of industries and their average debt and equity ratios. It may be noted that companies in the same business do not necessarily have the same capital structures. For instance, in the consumer non-cyclical industry, Starbucks is financed entirely by equity, while Kellog relies slightly more on debt financing rather than equity. Raising money from the bonds market. Large corporations could raise money through the bonds market. The process involves the underwriting of the bonds float by either one or several