Business Law Essays

Ownership of Inventions by Employee Inventors

Example essay. Last modified: 29th Oct 2020

The UK Patents Act 1977 ss.39-41 takes the correct approach to employee inventions: employees are paid to invent; it is right that their employer has the full benefit of the inventive activity of any of their employees. ...

A Balance Majority & Minority Shareholder’s Rights

Example essay. Last modified: 2nd Feb 2018

Shareholders are part of a company. A ‘Shareholder’ denotes a person who holds or owns the shares. In most of the cases, shareholders are also … ...

A Company is an Artificial Person Created by Law

Example essay. Last modified: 2nd Feb 2018

The incorporation of a company is an artificial entity recognized by the law as a legal person that exists independently. This paper analyses the development of the corporate structure. ...

A Company Shall Be Deemed to Be a Subsidiary of Another

Example essay. Last modified: 2nd Feb 2018

According to section 4 of the Companies Act, a company shall be deemed to be a subsidiary of another, if and only if: (a) that other… ...

A Company Should be Given Full Contractual Capacity

Example essay. Last modified: 2nd Feb 2018

The term ‘company has no strictly technical meaning in law’ according to Keane, but he refers to it ‘to mean a number of people combined for … ...

A Defamatory Statement

Example essay. Last modified: 2nd Feb 2018

While the right to fairly criticize people or entities and publicly share information is one personal freedom, it is illegal to malign the… ...

A Director’s Duty to a Corporation’s Creditors

Example essay. Last modified: 2nd Feb 2018

This work set out to answer the extent to which director’s should have a duty to regard the interests of a corporation’s creditors. ...

A Matter of Partnership Law

Example essay. Last modified: 2nd Feb 2018

Since the Roman times, a few people or more would run a business together with a view of making profit. That is why creating the Partnership Act of 1890 was a benefit as it stated the relationship ...

A Note on Corporate Criminal Liability

Example essay. Last modified: 2nd Feb 2018

Introduction Corporate crimes and frauds have been prevalent for as long as commercial enterprises have been in existence. These involve criminal … ...

A Theory of Justice

Example essay. Last modified: 2nd Feb 2018

There are a number of well known business insolvencies which happened without any signal. These collapses affected to all related parties included … ...

Abuse of a Dominant Position in Business

Example essay. Last modified: 2nd Feb 2018

An aspect that must be taken into account when defining the dominant position is the extent to which a customer would choose one product over another. ...

Adams v Cape Industries

Example essay. Last modified: 2nd Feb 2018

The fundamental principle established in Salomon in relation to single companies was applied in the context of a group of companies by the Court of Appeal in the case under discussion in this paper, Adams v Cape Industries plc (1990). ...

Agency and Partnership Disclosure

Example essay. Last modified: 2nd Feb 2018

In dealing with its partners and with third parties, limited partnerships have to follow certain disclosure requirements. These disclosures … ...

All Registered Companies Must Have Memorandum of Association

Example essay. Last modified: 2nd Feb 2018

In Ireland every company registered under the Companies Act 1963-2009 must have a memorandum and articles of association. Under s.16 of the Compani… ...

Alteration of Memorandum of Association

Example essay. Last modified: 2nd Feb 2018

The importance of a company’s Memorandum of Association and the process and procedure involved in the alteration of a Memorandum of Association. ...

Although the Directors of a Company are its Basic Organs

Example essay. Last modified: 2nd Feb 2018

Subject to the provisions of the Act, the Board of directors of a company shall be entitled to exercise all such powers, and to do all such acts and things ...

An Agency Perspective of UK Company Law

Example essay. Last modified: 2nd Feb 2018

The UK model of the corporation is essentially an agency between the shareholders (principals) and the executives (agents). Correspondently, the … ...

Analyse the Remedies Available to a Company

Example essay. Last modified: 2nd Feb 2018

This chapter seeks to analyse the remedies available to a company in event of a breach of duty by directors. Thus the statutory derivative action and the unfair prejudice remedy will be examined as to how readily… ...

Antitrust Laws and the National Collegiate Athletic Association

Example essay. Last modified: 30th Jul 2019

This Research Paper will describe United States antitrust laws and how they pertain to the National Collegiate Athletic Association (NCAA). ...

Application of Fiduciary Duty

Example essay. Last modified: 2nd Feb 2018

A fiduciary duty arises when an ethical and/or legal relationship based on trust and regarding management of money or money’s worth exists … ...

Appointed or Elected Member of the Board of Directors

Example essay. Last modified: 2nd Feb 2018

Directors of a company are appointed or elected member of the board of directors. He or she has the responsibility for determining and… ...

Arguments For and Against Corporate Governance

Example essay. Last modified: 2nd Feb 2018

In seeking to critically examine the arguments for and against the regulation of corporate governance around the world, this essay will first … ...

Articles Form Contract between Company and Members

Example essay. Last modified: 2nd Feb 2018

“The articles are said to form a contract between a company and its members and the members inter se. In terms of enforcement, however, this … ...

Associated Metal Smelters ltd

Example essay. Last modified: 2nd Feb 2018

British Westinghouse Electric and Manufacturing Co. Ltd. v. Underground Electric Rly Co. of London Ltd. [1912] AC 673 at p. 690 ...

Balancing Rights of Majority and Minority Shareholders

Example essay. Last modified: 2nd Feb 2018

‘A proper balance of the rights of majority and minority shareholders essential for the smooth functioning of the company’-explains … ...

Bankruptcy is a Legal Process

Example essay. Last modified: 2nd Feb 2018

Since the debtor is unable to pay his debts, the assets should be shared fairly and equitably among his creditors and after being relieved from all… ...

Benefits of the Salomon principle

Example essay. Last modified: 2nd Feb 2018

The case of Salomon v A Salomon & Co Limited not to be confused with Salomon Grundy , herewith, the case would be referred as Salomon instead … ...

Borrowing as a Commercial Activity

Example essay. Last modified: 2nd Feb 2018

Borrowing is a very common commercial activity and there are various ways and instruments existing in today’s world to facilitate this activity. ...

Borrowing Powers of a Company

Example essay. Last modified: 2nd Feb 2018

Every trading company has an implied power to borrow, as borrowing is implied in the object for which it is incorporated. A non-trading company has no implied power to borrow. ...

Breach of Duty in Corporate Form

Example essay. Last modified: 2nd Feb 2018

The corporate form as a trading vehicle is the preferred business model for entrepreneurs as it provides a corporate veil over the element of risk … ...

British Airways Should Focus on their Quality Standards.

Example essay. Last modified: 2nd Feb 2018

British Airways is a market leader in the United Kingdom air line operations. In the last decade due to immense increase in competition there has been erosion in their.. ...

Business and Information System

Example essay. Last modified: 2nd Feb 2018

A sole proprietorship is a business owned (and usually operated) by one person who is responsible for all of the firms debts. Features of sole… ...

Business Ethics and Corporate Governance – McDonalds

Example essay. Last modified: 2nd Feb 2018

Corporate Governance: the way in which the board is structured, changes over time, relations with shareholders, and shareholder activism ...

Business Expanding

Example essay. Last modified: 2nd Feb 2018

Itua wants to expand his business to include costume hire, so he visits two supplier outlets namely Baju Murah Sdn Bhd ...

CASE 1: Abgenix and the XenoMouse

Example essay. Last modified: 2nd Feb 2018

1. A cost and benefits analysis: The hand-off option A Hand-off refers to the option of surrendering certain exclusive access rights to the use of… ...

Case Analysis About the Corporations Act 2001

Example essay. Last modified: 2nd Feb 2018

The Corporations Act 2001 (Cth), that is the Corporations Act (the Act), is an act of the Commonwealth of Australia which provides rules relating … ...

Case Studies on Agency Law

Example essay. Last modified: 29th Oct 2020

In business, liability results from a breach of duty or obligation by act or failure to act ...

Cases Concerning Members Rights

Example essay. Last modified: 2nd Feb 2018

If a person plans to generate money by being able to establish a business which is anticipated to fulfill such goals, there are many available choices such … ...

Changes to the Companies Act 1965

Example essay. Last modified: 2nd Feb 2018

Introduction There are many major changes to the Companies Act 1965 during the Companies (Amendment) Act 2007 which came into force … ...

Charges for Negligence of Directors

Example essay. Last modified: 2nd Feb 2018

Tiger Ltd has five share holders whose names are Lily, John, Anne, Bill, and Carol. The two directors of the company are Lily and John. Each one … ...

Codification of Directors Duties was Unnecessary

Example essay. Last modified: 2nd Feb 2018

Section A The codification of directors’ duties was an unnecessary step. ‘The enacted duties do not differ substantially enough from … ...

Companies Liability for Negligent Actions

Example essay. Last modified: 2nd Feb 2018

Critically discuss the following statement: “If companies are legal persons, then they should be held liable for their negligent actions in the … ...

Company Directors in the UK and Australia

Example essay. Last modified: 2nd Feb 2018

‘There are no qualifications for being a company director. Even directors of listed companies do not have to take any examinations … ...

Company is a Legal Entity Considered as a Fictional Person in Law

Example essay. Last modified: 2nd Feb 2018

“A company is a legal entity considered as a fictional person in law, distinct from its members and with separate company rights and liabilities�… ...

Company is a Legal Person

Example essay. Last modified: 2nd Feb 2018

Introduction: A company is a legal person, though an artificial one. However, it enjoys as much as the same rights and is subject to as much … ...

Company Law and Insolvency

Example essay. Last modified: 2nd Feb 2018

The English Company Law is wide-ranging, complex, technical but often interesting. The main source of English company law … ...

Company Lawyers the Ultra Vires Doctrine Maintains

Example essay. Last modified: 2nd Feb 2018

A familiar principle by company lawyers, the ultra vires doctrine, maintains that for registered companies, since the objects clauses … ...

Company Legal Action through Natural Persons

Example essay. Last modified: 2nd Feb 2018

Introduction A company being a legal entity can only act through natural persons to run its affairs. Director is the person on whose behalf the … ...

Company Secretary in Good Corporate Governance

Example essay. Last modified: 2nd Feb 2018

Corporations, whether by family firms or state enterprises, work within boundaries set by law, by regulations, by those who own and fund them and by the expectations of those they serve. The nature of these boundaries varies from country to country and undergoes crucial changes through time. That is why there can be no single … ...

Company Will be Regarded as an Autonomous Legal Aerson

Example essay. Last modified: 2nd Feb 2018

In the more recent authorities on piercing the corporate veil, at least since Woolfson, the English courts have, on the whole, been primarily co… ...

Companys Constitution and Company Statutory Contract

Example essay. Last modified: 2nd Feb 2018

The Memorandum of Association and the Articles of Association describe a company’s constitution and create a statutory contract between the members of the company themselves… ...

Comparative Company Law Major Report on Mayalsia

Example essay. Last modified: 2nd Feb 2018

This report will be highlighting the Malaysian Company Law rules and procedures and also comparing them to the ones enforced in Australia today. Malaysian Company Law on the surface is similar to that of … ...

Comparison of Partnerships and Corporations

Example essay. Last modified: 29th Oct 2020

Partnerships and corporations are types of ownership among businesses. These entities have various similarities and differences. ...

Compensation for Employee Inventions

Example essay. Last modified: 2nd Feb 2018

Major inventions require high capital investment in the research and development process. More often than not, individual scientists may not have the requisite resources to carry out the invention … ...

Comprehensive Analysis of Corporate Manslaughter

Example essay. Last modified: 2nd Feb 2018

A comprehensive analysis of corporate manslaughter and homicide act 2007 present in U.K. in relation to offence and meaning of relevant duty … ...

Concept of Vicarious Liability

Example essay. Last modified: 2nd Feb 2018

Explain the economic logic behind laws related to the concept of vicarious liability The simple definition of vicarious liability is where … ...

Confused State of Case Law

Example essay. Last modified: 2nd Feb 2018

2. ‘The statutory statement of directors’ duties contained in the CA 2006 does little to clarify or simplify the confused state of the case … ...

Consider the Challenges for the Law of Trademarks

Example essay. Last modified: 2nd Feb 2018

The intellectual property law classifies trademarks into two main categories- traditional or the conventional marks and the non- traditional or the… ...

Constitution of Company and Relationships

Example essay. Last modified: 2nd Feb 2018

‘Section 31(1) of the Companies Act 2006 is a retrograde step in terms of a company’s capacity. The provision re-asserts the ultra … ...

Consumer Protection Laws and the Antitrust Laws

Example essay. Last modified: 30th Jul 2019

This paper defined and discussed consumer protection laws and their importance, along with antitrust laws and why they are both necessary to have in place to protect consumers and companies. The case study involving Amazon is just one example of a company that has had consumer protection issues and has had to take the necessary steps to correct these problems. ...

Consumer Protection: National & International Experiences

Example essay. Last modified: 2nd Feb 2018

If we gaze at the primeval history of India we can see the human values and ethical practices with utmost significance from 3200 B.C. … ...

Corporate Governance

Example essay. Last modified: 2nd Feb 2018

Corporate governance is a term that primarily refers to the rules, processes or laws by which businesses are monitored, managed and controlled. ...

Corporate Governance and Investor Protection

Example essay. Last modified: 2nd Feb 2018

Corporate governance and investor protection are key drivers of market development. ...

Corporate Liability in Criminal Law

Example essay. Last modified: 2nd Feb 2018

1. Introduction: Corporate liability in criminal law outlines the extent to which a corporation as a legal body can be made liable for the … ...

Corporate Liability of a Company

Example essay. Last modified: 2nd Feb 2018

This essay is written on the area of company law, specifically concerning the corporate nature of a company, which allows it to have its own legal personality … ...

Corporate Personality

Example essay. Last modified: 2nd Feb 2018

Companies are enterprises, also the legal person, so companies are business entity. Company as the business entity, different with other nonbusines… ...

Corporate Personality and Limited Liability

Example essay. Last modified: 2nd Feb 2018

Three leading cases are examined on corporate personality and limited liability. Corporate personality refers to the recognition by the state that … ...

Corporate Rescue: Appointment of an Insolvency Practitioner

Example essay. Last modified: 2nd Feb 2018

A. Creditors voluntary liquidation: (picture/flow chart). A fee of £150 is to be paid to the court. The court if thinks deem and fit may sometimes… ...

Corporations and International Business Law

Example essay. Last modified: 2nd Feb 2018

The UK’s Company Act 1985 and 1989 has been repealed with Companies Act 2006 and has brought a tremendous change in the attitude of business law in today’s generation. ...

Country Comparative Directors Duties Analysis

Example essay. Last modified: 2nd Feb 2018

Select at least two and no more than three countries and do a comparative analysis of directors’ duties Introduction The aim of this assignment … ...

Court Case of Symbian Limited v Comptroller General of Patents

Example essay. Last modified: 2nd Feb 2018

The subject matter of software patents has created a huge controversies in the law of U.K. Here the court case of Symbian Limited v Comptroller General of Patents (2008) is mentioned. ...

Court is Willing to Lift the Veil of Incorporation

Example essay. Last modified: 2nd Feb 2018

The sole trader is liable for all the losses up to the full extent of his/her private fortune and any legal action in respect of the business… ...

Critical Analysis JH Ritchie

Example essay. Last modified: 2nd Feb 2018

… ...

Critical Analysis of Lords Decision in Street v Mountford

Example essay. Last modified: 12th Oct 2018

This assignment will consider the case of Street v Mountford and consider the decision and speech of Lord Templeman and analyse whether or not the correct conclusions were reached. The assignment will then go on to consider the implications of the case and its subsequent application. ...

Critical Coverage of Syndicated Loan Agreement

Example essay. Last modified: 2nd Feb 2018

The case in question scrutinizes what will happen when a lender is a group of people rather than one individual and how they may desire to vary their terms … ...

Critically Assess the Importance of a Passing Off Action

Example essay. Last modified: 2nd Feb 2018

Passing off is a common law tort that was established long before trade marks became registerable. It was originally intended to protect traders by… ...

Criticisms of Shareholder and Stakeholder Debate

Example essay. Last modified: 2nd Feb 2018

“…the company, as an artificial person, can have no interests separate from the interests of those who are associated with it, whether as shareholders, creditors, employers, suppliers, customers or in some other way. So, the crucial question is, when we refer to the company, to the interests of which of those sets of natural persons are we referring? Of course, one could take the view that the beauty of referring to the interests of the company, without any further specification of what is meant, is that the answer to my question is left wholly ambiguous and obscure … ...

Cross-Border Merger and Acquisitions

Example essay. Last modified: 2nd Feb 2018

In corporate capital scheme, there are two ways for a company to raise its capital, through loan and equity. ...

Cybersquatting

Example essay. Last modified: 2nd Feb 2018

Registration, trading or using a domain name with the intention of gaining profits from the kindness of someone else�s trademark is called cybersquatting, according to the U.S. Federal Law known as the Anti-Cybersquatting Consumer Protection Act (ACPA). ...

Cybersquatting and Applicable Laws

Example essay. Last modified: 2nd Feb 2018

Definition Cybersquatting Background Applicable laws Interesting Case studies Conclusions References Cybersquatting is defined as “ The … ...

Data Protection Laws in India

Example essay. Last modified: 2nd Feb 2018

Abstract In today’s world as everything is going to connected through internet every time when data is provided to a service provider or a firm … ...

Definition of Minority Shareholder

Example essay. Last modified: 2nd Feb 2018

A minority shareholder is defined as a shareholder who does not exert control over a company. The majority shareholders almost always exert … ...

Derivative Claims by Members of a Company

Example essay. Last modified: 2nd Feb 2018

“Although a reasonable body of case law under Part 11 of the Companies Act 2006 is building up, there do not appear to be any grounds for … ...

Development of Statutory Derivative Actions

Example essay. Last modified: 2nd Feb 2018

“The statutory derivative action, which replaced the common law action from October 1, 2007, has been amongst the most publicised and debated … ...

Different Types of Business Agreement

Example essay. Last modified: 2nd Feb 2018

A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). ...

Dilution Under Trademark Law

Example essay. Last modified: 2nd Feb 2018

Introduction The progressive development of Intellectual Property Law over the last century has seen to an exponential increase in the commercial … ...

Directors and Statutory Duty

Example essay. Last modified: 2nd Feb 2018

‘A director is… a person appointed to act as one of a board, with power to bind the company when acting as a board, but having … ...

Directors are the Core of the Company

Example essay. Last modified: 2nd Feb 2018

Introduction: From the very beginning of the company establishment, board of directors comes into existence and they are the people who manages … ...

Directors Duties and Corporate Governance

Example essay. Last modified: 2nd Feb 2018

As I have discussed in the previous chapter that corporate governance aims for the efficiency of a company by protecting … ...

Directors Duties and Corporate Law

Example essay. Last modified: 2nd Feb 2018

This question is centred around director’s duties; it is a relevant area of corporate law and corporate governance. The meaning of wrongful trading was against a person who, at some time before beginning of winding up, ...

Directors Duties are an Ineffective Means

Example essay. Last modified: 2nd Feb 2018

The modifications to the ratification procedure in s.239 Companies Act 2006 have done little to address the problems associated with director … ...

Directors Duties from View of Agency Law

Example essay. Last modified: 2nd Feb 2018

INTRODUCTION: The crux of this question mainly lies on the assessment of the director’s duties as an agent from the view of the agency law … ...

Directors Duties to include Corporate Social Responsibility

Example essay. Last modified: 2nd Feb 2018

It is established that the role of directors and officers under the Corporations Act are to discharge their duties and power to act on behalf … ...

Directors Duties Towards Stakeholders

Example essay. Last modified: 2nd Feb 2018

It is established that the role of directors and officers under the Corporations Act is to discharge their duties and power to act in the best … ...

Discussion of Corporate Manslaughter

Example essay. Last modified: 2nd Feb 2018

Table of Contents Table of Cases AG’s Reference (No. 2 of 1999) [2000] QB 796 10 Lennard’s Carrying Co Ltd v Asiatic Petroleum Co Ltd …. ...

Discussion of the Director and their Duties

Example essay. Last modified: 2nd Feb 2018

There are few aspects of company law which do not, in some way, involve a discussion of the director and their duties. The person who executes … ...

Doctrine of Constructive Notice

Example essay. Last modified: 2nd Feb 2018

Section 610 of the Companies Act, 1956 provides the inspection, production and evidence of documents kept by Registrar. It provides that … ...

Dual Role of Company

Example essay. Last modified: 2nd Feb 2018

Introduction A company incorporated under the Companies Act has a dual role in nature firstly being an association of its members and secondly … ...

Duties and Obligations of a Liquidator – Malta

Example essay. Last modified: 2nd Feb 2018

Explain and discuss the duties and obligations of a liquidator of a limited liability company which has been wound up upon an order by the Court. The relevant provisions relating to the local law concerning insolvency are found mainly in the Companies Act (chapter 386 of the Laws of Malta) and the Commercial Code. ...