A Problem Question on Company Law

A Problem Question on Company Law Issue The case is about a large flower shop where the conflict between a manager and the two workers arose. The employer of the manager, James, pays him a salary of $100,000 per year to manage the business, which includes some 15 employees, including 2 cleaners and 6 flower arrangers. Two flower arrangers, Dan and Sam, have been pestering the manager for weeks about getting an increase in their hourly rate. The manager has repeatedly explained to Dan and Sam that he cannot agree to a pay rise without first speaking to James, and that as he is overseas, that will not happen until the end of the month. Dan and Sam are becoming increasingly frustrated with his refusal to consider their request. One Wednesday morning(the busiest day), Dan and Sam confront the manager and tell him that unless he agrees to increase their hourly rate by $5 per hour, they are going to walk out with the 4 other flower arrangers, leaving the manager to fulfil the orders on his own. The manager has no choice but to agree to their request, as there are four wedding orders that must be done today. The manager prom ­ises to adjust their pay as requested. Once the day is finished, you sit down and consider the ramifications. This essay argues that: Is the manager legally obliged to keep his promise? What are the legal remedies? If the manager did not agree to their terms, and they walked out, what would he has been able to do if the orders weren’t fulfilled and the business lost $10,000/-? Law Stilk v Myrick [1809] [1] is a contract law case of the English High Court on the subject of consideration. In his verdict, the judge, decided that in cases where an individual was bound to do a duty under an existing contract, that duty could not be considered valid consideration for a new contract. According to the Law of Employment [2] Eachcontract[[3]] of employment contains terms and conditions by which the parties of the contract i.e. empoyer and employee regulate their relationship. These terms may be in black white or spoken. More often, the appointment letters, job descriptions, policy manuals, workplace rules practicesare considered to be the part of terms of the contract. Such terms impose a legal binding on both of the parties of contract to perform their consideration in adequate manner. These terms can also include restrictions such as period of employment, amount of wage, serving of notice periods, etc Application According to the aforemetioned case, Stilk v Myrick [1809] and keeping in view the principle of precedent, the manager is not legally obliged to keep his promise, because there was no additional consideration, fulfilled by the workers who remained at the flower shop against the additional pay which they claimed. Before they start pestering the manager for the salary increase they had undertaken to do all that they could under all the circumstances at the workplace. They had sold all their services at the previous wage rate. Therefore, without looking to the policy of this agreement, it is void for want of extra pay for the same consideration which they committed before, and that the plaintiff can only recover the same, without making any claim for legal remedies. As discussed above, if the terms of agreement carries any binding of serving a fixed employment period or a notice period before leaving the employment then the employees could not blackmail the manager by saying that they will quite immediately, if no arise of pay is made by the manager. In this scenario, the employees will be liable to pay for the damages resulted by their breach of employment contract. Such damages can be calculated by two ways: The Expectation Interest [4] and The Reliance Interest [5]. Conclusion In view of above and the principle of precedent [6], it can be concluded that due to no offereing of any additional consideration from the end of flower arrangers and trying to blackmail the manager for promising them to pay extra wage, the promise made by the manager becomes null and void and has no legal value. Thus, the manager is not legally obliged to keep his promise and for any of the legal remedies. Bibliography Books Contract Law, 7th Edition by Poole, Jill Contract Law, 7th Edition by McKendrick, Ewan Black Law Dictionary, 5th Edition Articles Legal Studies by P Luther, ‘Campbell, Espinasse and the Sailors’ [1999] ‘Consideration: Practical Benefit and the Emperor’s New Clothes’ by M Chen-Wishart, in Good Faith and Fault in Contract Law[1995] by J Beatson and D Friedmann Weblinks The Law Handbook [http://www.lawhandbook.org.au/handbook/] [1] Stilk was contracted to work on a ship owned by Myrick for  £5 a month, promising to do anything needed in the voyage regardless of emergencies. After the ship docked at Cronstadt two men deserted, and after failing to find replacements the captain promised the crew the wages of those two men divided between them if they fulfilled the duties of the missing crewmen as well as their own. After arriving at their home port the captain refused to pay the crew the money he had promised to them. When the matter was brought in front of the court the decision was made by the Judge, that since the crew members made no extra performance as consideration of the contract, thus they are not entitled to receive any extra wage for that. [2] Thetype of lawthatgovernstheemployer and employeerelationship, which includesemploymentcontracts of individuals. [3] An oral or written agreement, such as relating to employment, sales, etc, that has ability of enforceablity by law. [4] The court aim to put the plaintiff in the position which he would have been in, if the contract had been performed. [5] The court aim to put the plaintiff in the position which he would have been in, if the contract had not formed [6] A precedent is a principle or rule established in a previouslegal casethat is either binding on or persuasive for acourtor other tribunal when deciding subsequent cases with similar issues orfacts.

Marijuana: The Legalization :: social issues

Marijuana: The Legalization Their Side: After the sustaining vote in November of 1996 and coming into effect the beginning of this year, marijuana is now legal to medical patients in California and Arizona. Proposition 215 reads as follows: The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows: (A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. (B) To ensure that patients and their primary care givers obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction. C. To encourage the federal and state governments to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. (Proposition 215 Section 11362.5) Of course, it goes on and breaks into fine detail into which I choose not to venture. To summarize it all, if you're sick, or think you are, your doc can get you some pot. Just like that. So what's so great about this? It supposedly brings relief to those with terminal illnesses. (Such were listed in 215) Cancer sufferers who are inflicted with nausea due to chemotherapy have reported that a puff or two of a marijuana cigarette relieves the pain. (Theorized after study by psychiatrist Lester Grinspoon of Harvard Medical School) It has also been reported to relieve the pain suffered by AIDS patients. Despite all this great relief, one question remains unanswered, what about the side effects? Exactly how harmful and addicting is this stuff? MY SIDE: (the important stuff) My personal opinion: Marijuana should remain illegal because of the enormous side effects and addiction that results after using the drug. My first fact to back my opinion would have to be this, marijuana is what it is, a drug! You can't change that no matter how many people vote on it. Sure, there are prescription drugs on the market that are potentially dangerous but their effects are nothing compared to that of marijuana.

Enlightenment and Constitution

Enlightenment and the Constitution The United States is a nation established in 1776 on a set of principles: liberty, equality, and self-government. These ideals derived in part from broad lessons of history, from the colonist, and treatises such as those of Locke and Rousseau. Liberty is a principle that individuals should be free to act and think as they choose, as long as their actions don’t infringe on the rights and freedoms of others. Equality is a notion that all individuals are equal and entitled to equal treatment under the law.Self-government is the principle that the people are the ultimate source and proper beneficiary of governing authority. These principles were the foundation for the United States set forth and written by our founding fathers, but taken from rulers and minds of Europeans during the Enlightenment period. The Enlightenment was an eighteenth- century intellectual movement whose proponents believed that human beings could apply a critical, reasoning spirit to every problem (Hunt, Lynn, Martin & Rosenwein, page 545).During this period the rulers, writers, and thinkers gave the back bone to the Declaration of Independence, the United States Constitution, and the Bill of Rights. Although before we get to this period and how it shaped the United States we will have to go back a little further to 1651. In 1651 an English philosopher Thomas Hobbes had his work Leviathan published. Hobbes argued that government rests on a social contract in which the people give up certain freedoms they would have in a state of nature in return for the protection that a sovereign ruler can provide.Almost a half of a century later, an English philosopher, John Locke, used Hobbes concept of social contract in his Second Treatise on Civil Government. Locke claimed that all individuals have certain inalienable rights, including those of life, liberty, and property. When people form a government for securing their safety, they retain these individual righ ts. However Locke saw the social contract a bit differently.The agreement to submit to governing authority is based on the premise that government will protect these rights, if the government fails to the people can overthrow the government and form a new one( Patterson,page 14-15, 30). Thomas Jefferson declared that Locke â€Å"was one of the three greatest men that ever lived. † Jefferson paraphrased Locke’s ideas in passages of the Declaration of Independence. Including those that, â€Å"all men are created equal,† that government derive â€Å"their just powers from the consent of the government,† and that â€Å"it is the right of the people to alter or abolish a tyrannical government. The Declaration was a call of revolution rather than a framework for government. However the ideas contained in the document: liverty, equality, individual rights, self-government became the basis for the Constitution of the United States (Patterson, page 30). In Voltai re’s, Treatise on Toleration and Jean Jacques Rousseau, Social Contract we find more Enlightenment thinkers ideas framed in the Constitution. The ideas the Constitution receives from these works are the basis for Amendment I, freedom of religion.Voltaire states in A Treatise on Tolertion,† Religion was instituted to make us happy in this life and in the other. † â€Å"Christians should tolerate each other. † â€Å"I, however, am going further: I say that we should regard all men as brothers, are we not all children of the same father and creatures of the same God? † Voltaire is setting the basis for freedom of religion, saying that the people must show Universal Tolerance for all. Rousseau takes it even further in The Social Contract.He states, â€Å"it is of importance to the State that each citizen should have a religion requiring his devotion to duty, however the dogmas of that religion are of no interest to the State. † Rousseau sets forth the idea that the government shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, as stated by the First Amendment of the Constitution. Finally Cesare Beccarria and Empress Catherine the Great both have an idea that resides in the Constitution. That idea is that all men are innocent until proven guilty.In Beccarria’s Crime and Punishment he states, â€Å"No man can be judged a criminal until he be found guilty: nor can society take from him the public protection until it have been proven that he has violated the conditions on which it was granted. Empress Catherine states in her Proposal for a New Legal Code in Russia, â€Å"No man ought to be looked upon as guilty, before he has received his judicial sentence; nor can the Laws deprive him of their protection when it is yet dubious, whether he is Innocent or Guilty?. The United States is a nation established in 1776 on a set of principles: liberty, equality, and self-governme nt. These ideals derived in part from broad lessons of history, from the colonist, and treatises from the Enlightenment Period. Men and women from Voltaire, Jean Jacques Rousseau, Cesare Beccarria, and Empress Catherine the Great have given ideas that our founding fathers saw and deemed worthy to be put in the United States Constitution. Thomas Jefferson himself based many ideas in the Declaration of Independence from concepts written by John Locke that became the basis for the Constitution of the United States.Where would the United States be without these enlightened minds from Europe? Works Cited Beccarria, Cesare, Crime and Punishment Catherine the Great, Proposal for a New Legal Code in Russia Hunt, Lynn, Thomas R. Martin and Barbara H. Rosenwein; The Making of the West Bedford/St. Matin’s, Boston, New York, 2009 Locke, John, Second Treatise Patterson, Thomas E. , The American Democracy, Mc Graw Hill, New York, NY, 2009 Rousseau, Jean Jacques, Social Contract Voltaire, T reatise on Toleration Europe?

What Is a placebo

What Is a placebo A placebo is a procedure or substance with no inherent medicinal value. Placebos are often used in statistical experiments, especially those involving pharmaceutical testing, in order to control the experiment as much as possible. We will examine the structure of experiments and see the reasons for using a placebo. Experiments Experiments typically involve two different groups: an experimental group and a control group. The members of the control group do not receive the experimental treatment and the experimental group does. In this way, we are able to compare the responses of members in both groups. Any differences that we observe in the two groups may be due to the experimental treatment. But how can we be sure? How do we really know if an observed difference in a response variable is the result of an experimental treatment? These questions address the presence of lurking variables. These kinds of variables influence the response variable but are often hidden. When dealing with experiments involving human subjects we should always be on the lookout for lurking variables. A careful design of our experiment will limit the effects of lurking variables. Placebos are one way to do this. Use of Placebos Humans can be difficult to work with as subjects for an experiment. The knowledge that one is a subject of an experiment and a member of a control group can affect certain responses. The act of receiving a medication from a doctor or nurse has a powerful psychological effect on some individuals. When someone thinks they are being given something that will produce a certain response, sometimes they will exhibit this response. Because of this, sometimes doctors will prescribe placeboes with therapeutic intent, and they can be effective treatments for some issues.   To mitigate any psychological effects of the subjects, a placebo can be given to the members of the control group. In this way, every subject of the experiment, in both the control and experimental groups, will have a similar experience of receiving what they think is medication from a health professional. This also has the added benefit of not revealing to the subject if he or she is in the experimental or control group. Types of Placebos A placebo is designed to be as close to the means of administration of the experimental treatment as possible. Thus placebos can take on a variety of forms. In the testing of a new pharmaceutical drug, a placebo might be a capsule with an inert substance. This substance would be chosen to have no medicinal value and is sometimes referred to as a sugar pill. It is important that the placebo mimic the experimental treatment as closely as possible. This controls the experiment by providing a common experience for everyone, no matter which group they are in. If a surgical procedure is the treatment for the experimental group, then a placebo for the members of the control group could take the form of a faked surgery. The subject would go through all of the preparation and believe that he or she was operated on, without the surgical procedure actually being performed.

Comparación entre la visa K-3 y green card

Comparacià ³n entre la visa K-3 y green card Si eres un ciudadano americano y ests casado con un extranjero que se encuentra fuera de EEUU puedes reclamarlo con una K-3 o con una tarjeta de residencia,  ¿quà © es mejor? Si te has casado y no sabes cul es el camino ms rpido y conveniente para que tu esposo/a venga a los Estados Unidos a vivir contigo como residente permanente legal lee esta comparativa antes de decidir quà © hacer. Elementos comunes a la K-3 y a la solicitud de la tarjeta de residencia para un esposo mediante el formulario I-130 En ambos casos tà º, el ciudadano americano, tienes que enviar la solicitud al Servicio de Ciudadanà ­a e Inmigracià ³n (USCIS, por sus siglas en inglà ©s). Si la aprueba, contactar directamente con el consulado correspondiente.El consulado citar a tu esposo/a para una entrevista y ser el oficial consular el que decida si aprueba la solicitud de visa K-3 o de la tarjeta de residencia, segà ºn la peticià ³n que tà º le presentaste al USCIS. Quà © pasa si solicitas una K-3 para tu cà ³nyuge La K-3 una visa que permite al esposo/a de un ciudadano americano entrar en Estados Unidos. Una vez aquà ­ deber realizar un ajuste de estatus para conseguir la greencard.  A consecuencia de ello hay que dedicar unos seis meses a esta tramitacià ³n. Quà © pasa si solicitas una tarjeta de residencia Si en la entrevista el oficial consular aprueba la peticià ³n, entonces tu cà ³nyuge recibir una visa de inmigrante para entrar en Estados Unidos. Cuando llega a la frontera y le sellan el pasaporte se convierte en residente permanente legal. Y en unos meses recibir por correo ordinario la tarjeta de residencia. (pero residente es desde el momento en que entra a Estados Unidos).  ¿Cul es la ventaja y desventaja de la K-3 sobre la peticià ³n del permiso de residencia? Hubo un tiempo en el que las K-3 se tramitaban de una manera ms rpida y por eso habà ­a quien las preferà ­a para acortar el tiempo en el que los esposos permanecà ­an separados. Sin embargo,  hoy en dà ­a esto ya no es asà ­. El tiempo de demora de las tarjetas de residencia para los esposos de los ciudadanos que se encuentran en otro paà ­s varà ­a entre los seis meses y el aà ±o, en la mayorà ­a de los casos. Depende en gran medida de la oficina del USCIS que tramite la peticià ³n y del consulado en el que tiene lugar la entrevista. Otra desventaja de la K-3 que puede afectar a algunas parejas es que la entrevista consular ha de realizarse en el paà ­s en el que se celebrà ³ la boda (excepto si es Estados Unidos, en cuyo caso tendr lugar en el consulado del paà ­s en el que viva el novio extranjero). Por ejemplo, si una pareja donde la novia es de Estados Unidos y el novio de Colombia deciden casarse en Parà ­s durante un viaje romntico, tienen que saber que la entrevista para el visado no va a tener lugar en ningà ºn consulado colombiano, sino en uno francà ©s. Asà ­ que habrà ­a que viajar a otro paà ­s, con el consiguiente gasto.  ¿Cul es la ventaja de pedir directamente la tarjeta de residencia? Que el cà ³nyuge extranjero se convierte en residente nada ms pisar suelo de los Estados Unidos y ser procesado por un oficial de Inmigracià ³n en la aduana. No es necesario realizar un ajuste de estatus. Y como el tiempo de tramitacià ³n se ha reducido y se asemeja al de las visas K-3, realmente la opcià ³n ms ventajosa en la mayorà ­a de los casos es la de reclamar una tarjeta de residencia para el cà ³nyuge extranjero. A tener en cuenta Tanto en los casos de visas K-3 como de peticiones de tarjetas de residencia, la greencard ser condicional por dos aà ±os si los esposos llevan menos de dos aà ±os casados. Toma este test de respuestas mà ºltiples sobre la tarjeta de residencia.  ¡Te ayudar a evitar cometer errores! Documentos para realizar las peticiones En ambos casos necesitas rellenar la planilla (forma) I-130. Una vez que es aprobada por el USCIS (te lo notificar con un documento conocido como I-797), si deseas seguir el camino de la visa K-3 debers rellenar el formulario I-129F, incluir una copia del I-797 y enviarlo a la oficina de Dallas del USCIS.

What is intellectual culture and how do college students and teachers Essay

What is intellectual culture and how do college students and teachers might promote it - Essay Example Culture on the other hand relates to the way of life of a certain group of individuals that possess similar characteristics in the manner they approach issues or behave. From the college concept, intellectual culture will therefore entail developing culture that ensures value as well as supporting an intellectual approach to problems while it may also imply adopting concepts as well as methods comprising of cultures agreeable from an intellectual perspective. College students and teachers might promote intellectual culture through overcoming stereotypes, advocating on team work and adhering to rules. Overcoming stereotypes certainly an essential factor to ensure achievement of intellectual culture. Teachers knowing the students and understanding their academic capabilities while students understand their teachers is essential. Overcoming these stereotypes is essential as all parties become well positioned without barriers to effective learning that as a result ensures creation of an intellectual culture where the students and teachers work towards a common goal of academic excellence. Other than overcoming stereotypes, enhancing team work is an essential factor in creating intellectual culture within a College institution. Creation of team work ensures innovation, developing of learning approaches and critical thinking. Working together as a team ensures team members develop their learning approaches relating to how they tackle questions relating to various questions as they learn from their peers (Ferrari 79). Innovation is also enhanced among team members owing to the fact that a team finds it easier to start a project as opposed to an individual. Since group work involves discussions, and analysis of projects through presenting ideas or brainstorming, critical thinking is ensured among the group members. While overcoming stereotypes and teamwork prove essential in ensuring promoting intellectual culture, adhering to rules

Physics of racing Research Paper Example | Topics and Well Written Essays - 750 words

Physics of racing - Research Paper Example 2). Several formulas will determine the calculations made in the research paper to determine several aspects of the mechanics involved in motorcar racing. Introduction The wide-ranging goal of the research paper is to put forward a new prospect on racing physics, comprehensible to the practically motivated non-specialist (Beckman, 2002, p. 6). There are a number of problems that are frequently regarded from a range of sources, capable of preventing quality results from determining the physics behind racing. Regularly, these issues are inclined by automated simulation, and they regularly come up from contest experiences. This research paper will also get extremely technical, attempting to balance a conceptual discourse that every individual ought to get to comprehend. Through an arithmetic analysis, the following paper may be of great interest just to physicists, and with numerical outcomes that might once more be available to all analysts worldwide. Weight transfer Balancing a vehicl e is directing weight transfer through the use of acceleration, brakes and piloting. Applying the brakes adjusts weight to the anterior part of the vehicle, enabling the driver to prompt over-steering of the vehicle. In a similar fashion, throttling adjusts the weight of the vehicle to the back of the vehicle, prompting under-steering and cornering adjusts weight to the reverse side, unpacking the interior part of the wheels (Beckman, 2002, p. 12). The reason behind this adjustment in the weight of the vehicle is that inertia acts via the center of gravity (CG) of the vehicle, which is on top of the ground level. At the same time, adhesive forces act at ground levels via the touching base spots of the wheels. The impacts of weight transfer are relative to the elevation of the CG from the ground. If a much flatter vehicle with a decreased CG was involved in racing, its handling would be much improved and velocity would be higher because weight transfer is not very extreme in comparis on with a much less flat vehicle. The measurement of inert friction is not precisely a constant. Under driving circumstances, numerous effects are used to decrease inert friction of an excellent autocross wheel to an estimated 1.10G (Beckman, 2002, p. 21). These outcomes are a refraction of the wheel, suspension motion, heat and the inflation compression. Nevertheless, the relativity law still stands sensibly true under these circumstances. When the vehicle is accosting, braking, or throttling at the edge, this implies that the adhesive parameters of the wheels can cause them to unload by the weight transfer’s shifting from sticking to sliding off the ground. Each time a vehicle tilts a little or gets a little sideways, the vehicle will most likely lose the race if the mistake is not made up through recovery of laps. Certain calculations formulas and elements can be used to determine the forces and inclinations vehicles and their drivers can make to succeed in a race. For ins tance, in order to make a right turn, a force indicating the right is obliged to act on the vehicle that steer it away from the unbent line it unsurprisingly attempts to pursue. Should the force remain steady, the vehicle will be inclined to move in a circular manner (Beckman, 2002, p. 29). Basic laws Basically, there are three laws that have to be agreed so as