4. It appears that the employer intentionally disposed of the parts. The disposal of these parts may prejudice the client's ability to recover in any product liability lawsuits against the corporations involved in the manufacture, distribution, inspection, or servicing of the conveyor. References: Putman, W. H., & Albright, J. R. (January 2013). Legal Research, Analysis, and Writing Third Edition.
An corporations liability is limited to its assects, so the owner or the shareholders are protected from personal claims unless they commit fraud. Now because Tom did not follow the law of an incorporation by having corporate minutes his company has commited fraud. The court will see a case of fraud and In my opinion will lose the
For an article, material, or supply to be considered domestic it must be an unmanufactured end product mined or produced in the United States; or the end product is manufactured in the United States. The purpose of this Act is to discourage businesses to sell to the government foreign products. When the government is only buying American made products it is encouraging the American business to produce a product that meets the government needs with pricing and quality. Some of the problems also with purchasing material from overseas vendors is that the required items might contain chemicals that do not meet American standards such as we have seen in some of China’s material containing lead. Now there are some exceptions to the Buy American Act which include if the items are being used outside the United States; domestic items that are unreasonably priced; information technology that is a commercial item; when compliance to the Act would not be in the best interest of the government; and item purchased only for the commissary resale.
For Pharma to survive and become viable it was obvious that some decisions had to be made, but was the sale of the assets in the best interest of the corporation, or was it in the best interest of Adams and Barker? One can only conclude that the directors violated all their duties of financial interests, care and rational belief and were not acting with best information and, thus, cannot be shielded by the business judgment rule. 7. What type of lawsuit, derivative or direct, would be filed by Cornelius
The second chapter in Freakonomics asks the reader the following question: “How is the Ku Klux Klan like a group of real estate agents?” It is obvious the authors are not implying that the Ku Klux Klan engages in real estate transactions; nor does it imply that the real estate industry is filled with established terrorist hate groups. According to the authors, these two groups share a common trait in their dependence on “secret” information. Not only do the members of both parties need to possess the information necessary to succeed, but secrecy of the particular information is imperative, as well. The information they posses not only drive their success, but can be a liability as well. The Ku Klux Klan originally began as a social
One issue surrounding business is the relationship of the business to the consumers. Kant’s theory is deontological and objective because it looks at the morality within the action itself and not the result from it. Kant’s theory expresses the importance of treating people as ends in themselves, rather than only as a means to an end. This approach is helpful as it means that businesses need to use their consumers as not only a means for a profit, but also use them as an end e.g. the products that are supplied are of a certain quality.
Grant Thornton should have performed a thorough walkthrough of JGI to obtain sufficient evidence to give a good opinion. Grant Thornton would have discovered the existence of external documentation that would have aided in the discovery of Fred Greenberg’s fraud, the strong reliance they had on the internal documents failed to raise a red flag. Grant Thornton’s decision to rely heavily on JGI’s delivery receipts when auditing the company’s prepaid inventory account was flawed. JGI warehouse personnel prepared the delivery receipts that Grant Thornton relied on. The documents were prepared internally and this was a potential problem because they could have been altered by anyone within the company.
For a monopoly to be considered to breach antitrust laws found within the Sherman Act a set of criteria need to be met. First, the individual must be in control of a monopoly and not a perceived monopoly.The next stepping stone to breaking the antitrust laws found within Section 2 of the Sherman Act directly concerns intent. ( Antitrust,488) If it is Ashwin Selvarajan the intent of an individual to gain monopolistic control and then unleash the forces of their monopolistic control on the market, erasing many levels of competition within their business sector, then this would be considered a breach of the Sherman Act. Saul can argue Murray, by trying to break the past business practice and also by acquiring other competition is showing intent to gain monopolistic attitude. There are a few theories which support Murray Firstly, A monopoly can develop from the sale of a superior product with respect to the company’s competitors.
In this circumstance, revolution is unavoidable. According to option#1, the corporation will acquire safety stocks such as the safety stocks of the key material and double source the electronic assembles. However, the safety stocks provide little economic benefit and the double-sourcing will be a burden to the free cash flow of the corporation. With option#2, the corporation will build the relationship with a single supplier. It will cut down the cost to some extent but absolutely magnifies the risks since diversification actually is good for minimize the risks.
The strongest competitive advantage is a strategy that that cannot be imitated by other companies. Competitive advantage can be also viewed as any activity that creates superior value above its rivals. A company wants the gap between perceived value and cost of the product to be greater than the competition. Michael Porter defines three generic strategies that firm's may use to gain competitive advantage: cost leadership, differentiation, and focus. A firm utilizing a cost leadership strategy seeks to be the low-cost producer relative to its competitors.