Contract Creation and Management - Nature of Agency LAW 531 June 18‚ 2012 Contract Creation and Management - Nature of Agency Successful contract creation is essential for two or more different parties to conduct business. A contract needs to be full of specifics and lacking in ambiguity‚ otherwise interpretations‚ based on needs and experience‚ can and will be made by both sides. One such area of potential ambiguity in a contract is that of agency. Agency is a relationship where a principal
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Stakeholder versus Shareholder Stakeholder theory thinks that the enterprise is a series of contracts with various stakeholders to form various stakeholder consultations‚ the outcome of a transaction‚ whether investors‚ managers‚ employees‚ customers‚ suppliers‚ or government departments‚ community‚ etc.‚ they are enterprise-specific investments and bear the risks. On the other hand‚ Shareholder theory thinks that not only the market will be sound‚ permanent‚ and viable‚ but also the ethical issues
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Maximizing Shareholder Value: The Role of the Financial Manager Today ’s business world shows a huge diversification in the shareholders of one company. In most countries‚ each investor only holds a very small fraction of issued shares by one corporation. This includes also the senior management. Determining the objectives of the firm is not necessarily a straightforward task because the typical firm will have many types of participants. Among these participants are shareholders‚ creditors
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2.6 Is Shareholder Value Maximization the Right Objective? In their widely cited book The Value Imperative—Managing for Superior Shareholder Returns‚ McTaggart‚ Kontes‚ and Mankins (1994) write‚ Maximizing shareholder value is not an abstract‚ shortsighted‚ impractical‚ or even‚ some might think‚ sinister objective. On the contrary‚ it is a concrete‚ future-oriented‚ pragmatic‚ and worthy objective‚ the pursuit of which motivates and enables managers to make substantially better strategic and organizational
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Commercial Law Agency An agent is determined by law. Determined by the legal implications of what the person does. Must be acting for a principal cannot stand alone. (a)Agent has the legal authority to bind or incur liability for which the principal can be responsible. The primary role of an agent is to negotiate or conclude contracts on behalf of a principal. Actions are treated like that of the principal. Consent can be determined by the Court. (b)Agent is a person who is recognized by law as
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and Sonny are partners in‚ rather than creditors to‚ Busy Bee as represented by Rose and Mary to Friendly Bank and if they are determined to be partners‚ whether they would be liable for Busy Bee’s debts to Friendly Bank because of the agency relationship between partners in a partnership. Rules In determining whether there is a partnership‚ the essential elements of a partnership must first be satisfied‚ that is: a business is being carried on; the business is carried on ‘in common’; and
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Welcome Back Kotter is a show that has a Mexican‚ a black‚ a Jew‚ an Italian‚ and White students. The teacher teaches in Brooklyn and faces daily conflicts and how they overcome them. It speaks about all the different races and the day to day problems they encounter and how the teacher explains to them how to handle the situations in a good way and with no violence. The teacher also has to deal with racism in the classroom and he settles them down and talks with them so they can all be friends
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Majority shareholders own more than half of outstanding shares in the company whilst minority shareholders own less than 50% of the share capital. Majority shareholders are usually also the directors of the company. They in effect control the operations of the company and their actions may be to their benefit. The law therefore‚ in light of this possibility provides various legal remedies available to the minority shareholder. In this case Ergan‚ Arif and Moshe the minority shareholders are unhappy
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Campo 3/8/2012 BUSN 320 Word Count 392 Maximizing Shareholder Wealth The goal of a firm and a financial manager should involve maximizing the wealth of a firm’s shareholders through achieving the highest possible value for the firm (Block 13). It is a vital task to oversee properly as a financial manager‚ and while the manager cannot directly control the firm’s stock price‚ it can act consistently with the desires of the shareholder. Accounting‚ financial and other irregularities can erode
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INTRODUCTION An agency in general‚ is the relationship between two parties‚ where one is a principal and the other is an agent who represents the principal in transaction with a third party. Agency relationship occur when the principal hire the agent to perform a service on the principal behalf. In common‚ principal will delegate decision making authority to the agent. Agency Theory is concerned with resolving problems that may exist in agency relationship; that is‚ between principals (such as
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