A Problem Question on Company Law - Free Essay Example

Sample details Pages: 3 Words: 1003 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Level High school Tags: Contract Law Essay Did you like this example? 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. Don’t waste time! Our writers will create an original "A Problem Question on Company Law" essay for you Create order 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 werenà ¢Ã¢â€š ¬Ã¢â€ž ¢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, à ¢Ã¢â€š ¬Ã‹Å"Campbell, Espinasse and the Sailorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [1999] à ¢Ã¢â€š ¬Ã‹Å"Consideration: Practical Benefit and the Emperorà ¢Ã¢â€š ¬Ã¢â€ž ¢s New Clothesà ¢Ã¢â€š ¬Ã¢â€ž ¢ by M Chen-Wishart, in Good Faith and Fault in Contract Law[1995] by J Beatson and D Friedmann Weblinks The Law Handbook [https://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] Th e 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.

Ethical And Social Responsibilities Of Apple - 1444 Words

In the corporate world, it is easy to think that the ultimate goal is to make profits. However, it is this type of thinking that can ultimately lead to the failure of an organization. When a company simply thinks of profits, it is likely to find itself in trouble with the government, with stockholders, and with the public. In today’s world, more so than ever, it is important for a company to thinking about its ethical and social responsibilities to its employees, its consumers, its shareholders, and to the general public. By focusing on ethical and social responsibilities, a company is likely to be able to gain recognition as a good employer, a good investment, and a good company to purchase products and services from. One company that†¦show more content†¦Next, the â€Å"Mass Suicide† protest at the Foxconn factory in China where workers were deeply upset by the poor working conditions (Moore, 2012). Then, in 2013 there were reports of deaths of workers at the some of the same Chinese factories from fatigue, pneumonia, and other causes (Barboza, 2013). All of these poor conditions by its suppliers and factories overseas contradict the values that are set forth by Apple in their own ethical guidelines. Early in 2012, Apple announced that it would hire an outside agency to investigate the charges of forced overtime and child labor in its Chinese suppliers and factories, including other poor work conditions. While it appears on the surface that Apple was taking swift action in regards to these charges, it is clear that the abuse has been going on for some time and regular audits performed by Apple, or even routine check-ups on its suppliers would have uncovered at least the deplorable working conditions. Apple even admits that it was lax in its auditing procedures during the times when these issues were occurring, leading inquisitive minds to believe that it the company knew what was going on but only felt the need to address it once it had become public knowledge and began to hurt Apple’s image. According to Apple’s web site reports a 51% increase in the number of audits performed since 2012, which covered facilities where 1.5 million workers labor toShow MoreRelatedApple Corporation: Ethical and Social Responsibility1944 Words   |  8 Pagesï » ¿RUNNING head: Apple Corporation: Ethical and Social Responsibility Apple Corporation: Ethical and Social Responsibility Romeo Gamble Strayer University Apple Inc.  is an American corporation that is located headquartered in in  Cupertino,  California that designs, develops, and sells electronics like computer software, online services, and personal computers. It’s very well known for hardware products like the  Mac computers,  iPods, iPhone andRead MoreApple s Existing Position On Ethical And Social Responsibility1353 Words   |  6 PagesApple’s existing position on Ethical and Social Accountabilities Business ethics and corporate social responsibility are at the maximum ranks for companies and consumers. Big businesses are faced day-to-day with different questions from customers and shareholders concerning a company’s ethical and social responsibility. Business ethics can consist of everything from the way the company employs or how a company can make their assertions in public relations. 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In the currentRead MoreEthical Implications Of Ethical Consumerism1552 Words   |  7 Pages â€Æ' 1.0 Ethical Consumerism 1.1 Definition The term Ethical consumerism, means that more customers prefer to purchase goods that are obtained ethically, made ethically and distributed ethically. According to Jacqueline Payne (2012), â€Å"An ethical consumer is someone who buys things that are produced ethically. Depending on the context, ethical production may mean producing something that is recycled, using labour that is produced in facilities without the use of slavery and child labour, or processingRead MoreBusiness Sustainability : Managing The Triple Bottom Line1124 Words   |  5 PagesBusiness sustainability is managing the triple bottom line. It’s a process that companies manage their financial, social, and environmental risks, obligations, and opportunities. There are three different types of sustainability. There is financial sustainability which is also known as economical or profit. There is environmental sustainability which is also known as planet, and then there is social sustainability which is also known as people. It is important for long-term sustainability and long-term improvementsRead MoreChallenges Of The Global Business Environment1175 Word s   |  5 PagesStephanie Dunston Strayer University BUS 475 Business and Society 16 August 2016 Changes that Apple has made to its Code of Conduct Apple Incorporation, to advance its Code of Conducts and efficient operation, has made the decision to disclose the names and locations of supplier factories. In 2014, Apple Incorporation released the supplier’s responsibility report that was describing the standard responsibilities and the Companies approved projections regarding the labor practices. Amenability is one of

All Consuming Images Free Essays

What is Ewen trying to understand in regards to the ‘politics’ of style and what are his research questions? Which methods does he use to conduct this analysis? Ewen in his study of style is trying to understand how this came to be of â€Å"utmost† importance in our society. Obviously, considering himself a scholar and trying to make an impact on his students, Ewen is perplexed, when after reviewing the impact of the mass media on our society, the most important question a student can ask him, is â€Å"Where did you get your shoes? † Why does it matter? This is what Ewen wants to understand. When did style become representative of all that we are? And how did become tied to social power. We will write a custom essay sample on All Consuming Images or any similar topic only for you Order Now Ewen, although able to recognize the symbols of style in our society, through images on magazines, fashion, interior design, found it difficult to define what style is, and the â€Å"universal preoccupation† with style in this society. Ewen believed that understanding this preoccupation, would ultimately provide an understanding of this contemporary culture. Ewen was curious of this notion, that made such an impact on our society, yet lacked concrete understanding. Style is elusive, yet craved by everyone. â€Å"This conception of style is both perceptive and confounding. The idea that style is a way that the human values, structures, and assumptions in a given society are aesthetically expressed and received is a powerful insight. † Ewen found that the concept of style was often determined by current fads or modes of behavior. Style can be defined by its currency, and also defined by its consumption. â€Å"One of the main points of a style is that it will not remain current. † Ewen asked his students to write an essay entitled â€Å"What Style Means to Me. † He established the ground rules: †¢ No dictionary definitions †¢ No academic or research papers †¢ Draw on your own experiences and feelings about style Ewen believed that each of their essays would reveal how their definition of style was essentially part of their history and experience. â€Å"Every story could be pursued to reveal many things about the particular individuals and groups that are spoken for: the way people express themselves, the way they conform, the way they rebel. † Ewen found through their essays that their were similarities in that at some point, most of them equated style with consumption and the power of the mass media to define and influence popular notions of style. Ewen wants to determine the meaning of the prominence, significance and consumption of style, and how it has come to be a contemporary phenomenon. Ewen is concerned about the ability of the mass media to define style and its ability to create a way of life. â€Å"The people we view apparently inhabit a universe of bounty. They wear dresses costing thousands. They live in castles. Their encounters with interior designers lead to unrestrained flights of fancy. Their desires, their fantasies, their whims are painlessly translated into objective forms. There are no conflicts. In the name of â€Å"good taste,† there is no mention of cost. There is no anxiety about affordability. † Style, in contemporary culture, appears to offer the opportunity to have all that one desires, without ever even questioning if it what should be desired. Question 2 Using THREE EXAMPLES from the book, explain at least two ways that personal experience (and/or identity) is related to the politics of style. According to Ewen, the power of style has become an increasingly feature in the lives of individuals. â€Å"Style is a visible reference point by which we have come to understand life in progress. † Take for example the invitation that an individual may receive from American Express, to receive their new Gold Card. â€Å"Only a select group will ever carry the Gold Card. So it instantly identifies you as someone special–one who expects an added measure of courtesy and personal attention. . . . The Gold Card says more about you than anything you can buy with it. We think it’s time you joined the select group who carry it. It is a gesture that speaks volumes. It says you are someone special–whose style of living requires very special privileges. Someone whose financial credentials rank among the nation’s highest. Someone who appreciates–indeed, has come to expect–an extra measure of courtesy and personal attention. In fact, the Gold Card in your name says more about you than almost anything you can buy with it. † This is a promise of â€Å"unspoken prestige. † You will be seen. You will be noticed. The symbols you display, your most valuable possessions, will permit you to stand apart from the crowd. You will be noteworthy and honored. You will be someone. You will have â€Å"joined the select group. † Only the faint remnant of perforations–at the top and bottom edges of the personalized letter–suggests that this promise of individual identity is being made, simultaneously, to a mass of others. This is a typical manner in which the mass media and consumerism do define style, as identified by Ewen. It speaks to the quality of life that will be held by the person who has the â€Å"Gold Card,† as though being identified as royalty. This person not only has style and power, but already has the American Dream. â€Å"When a rising middle class of merchants began to appropriate the marks of style from the late Middle Ages on, it was a tangible expression of their increasing power, both locally and globally. When they took on the vestments, titles, and properties previously monopolized by the aristocracy, it was because they had assumed a central, increasingly decisive position in the world. While political structures took time to acknowledge their franchise, these merchant capitalists were becoming men of power. † According to Ewen, this middle class claiming of power, was a mask, to let them feel as powerful as the elite that claimed social power. â€Å"Its symbolic identification with power, this â€Å"middle class† performed, and continues to perform, a political function; it effects divisions among people who otherwise might identify with one another. † Ewen cites the impact of the mass media and its ability to convince the American public of their personal worth as evidenced by their style. â€Å"By the late 1950s, Fortune magazine asserted, nearly all Americans had the option of â€Å"choosing a whole style of life†: A skilled mechanic who earns $7,500 after taxes may choose to continue living in â€Å"working class† style, meanwhile saving sizable sums for his children’s college education; or he may choose to live like a junior executive in his own $17,000 suburban house; or he may choose to live in a city apartment house otherwise occupied by business and professional men. When the American â€Å"masses† have options of this breadth, . . . it is scarcely an exaggeration to suggest that we have arrived at a landmark in all the history of human freedoms. (1) people constantly express their personalities not so much in words as in symbols (ie: mannerisms, dress, ornaments, possessions); (2)most people are increasingly concerned about what other people think of them, and hence about their social status. Thus the taste of many Americans is expressed in symbols of various social positions. . . . people tend to buy things that symbolize their aspirations. Our social status and hence our social power are identified by our belongings and those personal possessions that we choose. Question 3 In the closing chapter, Ewen begins by suggesting that â€Å"In American Society today ‘image management’ has become both a lucrative business†¦Ã¢â‚¬  and a necessity. He concludes that â€Å"in countless aspects of life the powers of appearance have come to overshadow, or to shape, the way we comprehend matters of substance. † What are his conclusions regarding this form of social control? What do you think of his argument? What began for Ewen as a quest to understand why one student found more importance in his shoes than his message, Ewen uncovered what is perhaps our failing in contemporary society. Image management in contemporary society is a billion dollar business, with people being willing to do whatever it takes, to achieve the perfect status and the perfect image. The perfect image sells! Image is created by an individuals style. For most individuals, style is created by what is identified in the mass media as valuable, status enhancing, and important. Our priorities are in great part determined by what the mass media determines as important. This is a belief that is upheld by not only the commercial industry but our main sources of news: â€Å"If the news helps to promulgate an ongoing cognitive confusion, closely related are the dominant channels of political influence. As far back as the presidency of Andrew Jackson, when the vote was extended beyond the propertied classes, political style makers have negotiated between the objective power and interests of ruling elites on the one hand, and rising popular democratic aspirations on the other. Social inequalities of wealth and opportunity were transformed, by the hoodoo of political promotion, into a consensual notion of â€Å"common interest. † I absolutely agree that the perception or attitude represents â€Å"the ascendancy of politics as pure public relations. † If we continue to reduce all social issues to simply matters of perception, that is the only place where we will see change. If that is how we address social needs, we will only see an image change, rather than real change that is needed. â€Å"The impulse to dissociate images from social experience, or to present images as a surrogate for experience, is reiterated throughout our culture. The perpetual repetition of this dynamic–affecting our sense. † Ewen represents a compelling study of the effect of image and style on contemporary society. The value of individuals in this society is determined by their image and their ability to project that image to others. How to cite All Consuming Images, Papers