GRADE: 76% Nice discussion of how the company might work with the employee through progressive discipline‚ and of how just cause dismissal could be implemented at the end of this process. Constructive dismissal is not recommended due to the risks associated with it. Barnetson indicates (in the study guide) that employers can lawfully terminate employment in three ways: just cause‚ non-culpable dismissal‚ and mutual consent‚ therefore‚ it would have been better to discuss non-culpable dismissal
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DOCTRINE OF CONSTRUCTIVE RECEIPT WHO DOES IT APPLY TO? CASH BASIS – YES ACCRUAL - NO MRS. X HAS A SAVINGS ACCOUNT WITH PNC BANK. DURING THE TAX YEAR 2014 SHE DOES NOT WITHDRAW ANY MONEY. ON JANUARY 31‚ 2015 SHE RECEIVES A FORM 1099-INT FROM THE BANK INDICATING $300 OF INTEREST WAS CREDITED TO HER SAVINGS ACCOUNT DURING 2014. DOES SHE HAVE INTEREST INCOME FOR 2014 EVEN THOUGH SHE NEVER WITHDREW THE INTEREST? YES – DOCTRINE OF CONSTRUCTIVE RECEIPT DON’T NEED DOCTRINE OF CONSTRUCTIVE RECEIPT
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Topic 1- CLASSIFICATIONS AND DEFINITIONS Fundamental Concepts Land defined in Bernstein v Skyview – doesn’t extend to airspace as well. Defeats traditional view that land is everything up to the heavens etc. Land includes corporeal hereditaments- the land and what is attached to it‚ as well as incorporeal hereditaments- Rights over land including easements and rights of way. Sellers usually write a list of what they see as fixtures and what they see as chattels Botham v TSB Bank plc [1996]
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employment. From the point of view of the employee‚ there are significant deficiencies in this civil law relief as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as stipulated by the contract‚ damages will often be limited to the loss of earnings during that period. The civil law does not provide for a remedy by way of reinstatement. There is no remedy based upon breach of contract for failure to follow appropriate
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Contracts Review Common law majority Rule UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE! 34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs)‚ Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute
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breach of trust or fiduciary duty is the English case of Barnes v Addy. It was in this case that Lord Selbourne LC articulated the much cited and analysed statement of principle that has come to form the modern law: ...strangers are not to be made constructive trustees merely because they act as the agents of trustees…unless those agents receive and become chargeable with some part of the trust property‚ or unless they assist with knowledge in a dishonest and fraudulent design on the part of the trustees
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These are the automatically computed results of your exam. Grades for essay questions‚ and comments from your instructor‚ are in the "Details" section below. Date Taken: 11/15/2014 Time Spent: 3 h ‚ 17 min ‚ 15 secs Points Received: 75 / 75 (100%) Question Type: # Of Questions: # Correct: Multiple Choice 8 8 Essay 2 N/A Grade Details - All Questions Question 1. Question : (TCO B) In which of the following situations may taxpayers file as married filing jointly? (Becker CPA Review Course)
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DEFINITION OF COMPANY: The Companies Act Cap 110 definition section states that “company” means a company formed and registered under the Act or an existing company. The companies Act does not sufficiently define what a company is but authors have developed a definition of a company. Professor David Bakibinga in his book company law in Uganda at page 2 defines a company as an artificial legal entity separate and distinct from its members or shareholders. This legal person is distinguishable
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Webster states that “Social responsibility” is a doctrine that claims that an entity whether it is state‚ government‚ corporation‚ organization or individual has a responsibility to society. This responsibility can be "negative‚" in that it is a responsibility to refrain from acting‚ or it can by "positive
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placeholder for theories aimed at questions of distributive justice and efficiency” (Joel Feinberg & Hyman Gross‚ Philosophy of Law (1975). Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice. In America‚ we are eager to claim ownership: our homes‚
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