Corporation is legal entity personality means that corporation in the eye of law is considered as a legal person having certain rights and duties which are imposed on that corporation by law, every state has its own separate corporate law through which the corporation governs but certain principles in corporate law is universal and are worldwide like corporation has the right to buy the property and sell the property owned by the corporation if any torts has been committed or any breach of contract has been committed either by the corporation or the counterparty , the corporation can bring a suit against that party and in force contact against the party who has violated any term of the contract if enforceable and if the …show more content…
There are numerous cases on this point but I will refer a few of them.
Case title: Kandoli Tea Company case (1886):
Facts of the case: There were certain persons in Kandoli Tea Company who transferred their properties in the name of the Tea Company with the bad intent to avoid tax exemption from such property because tax was payable on that very property,
Petition: Petition was moved to the court of law in which they were claiming exemption from payment of tax on the ground that they did not have any taxable property on their name because the same has been transferred to the Kandoli Tea Company’s name.
Judgment: The court of law after full scrutiny of the record available gave his verdict that as company is a separate legal entity from their share holders and the property is transferred to the name of the company so the same property should be treated as transferred and the petitioners are liable to any kind of tax. (The Kondoli Tea Co. Ld. vs Unknown ,
In this case Kyllo v. United States, the Supreme Court ruled against the vitric of the lower courts on a 5 to 4 vote. The questions that need to be answered in this case, in my opinion serve a bigger purpose then the case at hand. The case itself is about a man named Danny Kyllo who was growing marijuana plants inside his home illegally. An officer of the U.S Interior Department got a tip that this man was illegally growing plants inside his home and went to investigate this. Obviously a tip from an unknown is not enough information to get a warrant to search the man’s property.
Define corporation. Pg. 422 Corporation is an organization that is authorized by law to carry on an activity on an activity but treated as though it were a single person. Define economies of scale.
Case: 791 F2d 189 Thompson Medical Co. Inc. v. Federal Trade Commission Facts: This case concerns a complaint brought by the Federal Trade Commission ("FTC" or "Commission") against petitioner Thompson Medical Company under Secs. The Commission ordered Thompson to refrain from making unsubstantiated claims that Aspercreme is effective and to disclose in the product 's labeling and advertising that it does not contain aspirin. Thompson challenges the FTC 's order as arbitrary and capricious, contrary to public policy, unsupported by substantial evidence, and discordant with applicable Commission precedent.
Reference: Anthony Ikejiaku (“Defendant”) v. MBF Leasing LLC (“Plaintiff”) To Whom It May Concern, my store was forced to close by the landlord who rented the property to my competitor across the street. I could not find any store within my reach to rent and I lost everything that I had. I slowly became depressed, stressed, and devastated. Up to this current time, I become upset or sadden at the memory of my lost store.
In the movie, A Civil Action, personal injury lawyer, Jan Schlichtman and his law firm, file a law suit against Beatrice Foods and W.R. Grace & Company. The prosecution’s case is based on the premise that these two leather companies contaminated the water supply, in Woburn, Massachusetts. The motion brought before the court requested that the eight plaintiffs be compensated for “negligence, conscious pain and suffering, and wrongful death. ”1 Schlichtman presented medical evidence that illustrated an unusually high incidence of cancer in the small town of Woburn.
Yes, the Tennants did settle, Nathaniel writes, "The tenant settled." He further states, "The firm would receive its contingency fee. The whole business might have ended right there. But Billot was not satisfied" (Rich 11) Even though the Tennants settled he went on to pursue a class action lawsuit against
Athletic Director Bob Marcus has quite the challenge in allocating the athletic department funds appropriately throughout all the programs within Oakbend Senior High School. After critically analyzing the case study it was quite clear some sports such as football and girls basketball received much more funding compared to other sports such as cross country and track and field. Throughout this case brief an effective solution that is both fair and in line with the districts mission will be expanded on to assist Bob Marcus is making the necessary budget cuts to provide a successful athletic program in the future. Marcus needs to cut about $80,000 from the previous budget plan to accommodate the funding cuts made by the school.
The film “The Corporation” is about corporate America and how it shaped our world today. A corporation is a company or group of people authorized as a single entity and recognized in law. The idea of corporations started hundreds of years ago. Corporations are now much different in today’s world than they were when they started. Corporations are now identified by the law as a person.
For several years, the law has treated corporations as metaphysical persons. This means that the law regards corporations as persons, but only for certain legal purposes. For example, corporations have some of the same rights as natural people do, such as the right to freedom of speech. Corporate personhood has evolved into a highly controversial topic since it was first established in the famous supreme court case, Santa Clara County v. Southern Pacific Railroad. This was a case where the Southern Pacific Railroad protested taxes placed on it by several counties in California.
Procedural History • The State of Minnesota convicted Kelbel in violation of first-degree murder, past pattern of child abuse, and second-degree murder. • The Supreme Court of Minnesota sentenced Kelbel to life in prison. • Kelbel first appealed that the jury must find beyond a reasonable doubt that he committed the violations. • Secondly, Kelbel appealed that the evidence presented was insufficient.
What benefits, if any, can a zemiological approach bring to the study of global crime and insecurity? The advancement of globalisation, technological knowledge and global markets have created conditions for global crime and insecurity to flourish. Crime is constantly developing and adjusting across the world. These challenges pose the question of what approach is necessary to combat and prevent global crime and insecurity?
You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.
is known as Corporation. Apple Inc. is one of the leading organizations in technology all over the world, the company had to convert its form of business organization to the corporate form so as to enable them raise the capital needed for expansion and development of new products. A corporation is legal and separate from the owner; they operate on set bylaws and procedures which regulates their operations and decision making process. These bylaws guide the stakeholders in electing the board of directors who then pick the managers. The managers are expected to run the organization with the interests of the stakeholders at heart.
All other functions are underpinned by the economic role of business in society. •Legal responsibilities - Although companies have their economical fundamental role they are expected to comply with the laws and regulations of the country they operate in. The legal expectations apply to companies, as juristic entities that can act as persons, and the employees they employ regardless of their responsibility. •Ethical responsibilities - Companies are also expected to comply with the ethical norms of a society. Because these are normally not written in law and are therefore not a legal requirement it is difficult for companies to behave and follow it.
1.0 Introduction Business ethics refers to what is right and wrong, good and bad, harmful and beneficial regarding decisions and actions in organizational transactions (Weiss, 2009). So how to identify the unethical business practices? It is very easily. For example, which are company use child labor, produce tainted products, false advertising, infringement, polluted environment and etc.