Business Law Essays

Duties of a Director

Example essay. Last modified: 2nd Feb 2018

Director’s duties is presently codified under part 10 of the Companies Act 2006.There is very little in terms of a formal requirement … ...

Duties of Company Directors

Example essay. Last modified: 2nd Feb 2018

The directors’ duties to the company were governed by the common law of negligence and the equitable principles of fiduciary duties before the CA 2006. ...

Duties Owed by Directors of Listed Companies

Example essay. Last modified: 2nd Feb 2018

Critically evaluate the duties owed by directors of listed companies set out in the companies Act 2006. A company is a species of corporation … ...

Duty to Avoid a Conflict of Interests

Example essay. Last modified: 2nd Feb 2018

The issues are whether Sealy has breached the duty to avoid a conflict of interests and the duty not to accept benefits from a third party … ...

Effectiveness of Non Executive Directors 

Example essay. Last modified: 2nd Feb 2018

Section B Discuss the effectiveness of non-executive directors as a good corporate governance mechanism. Non-executive directors … ...

Effects of Corporate Separate Personality

Example essay. Last modified: 2nd Feb 2018

A company is, in law, distinct from its members. The shareholders or the directors are neither … ...

Elements of Business Law

Example essay. Last modified: 2nd Feb 2018

The assignment: In a team write a report of no more than 1,000 words for Arkwright, advising him on the advantages and disadvantages of … ...

Employers and Business Interests

Example essay. Last modified: 2nd Feb 2018

Employers are often concerned to protect their business interests when an employee leaves to work for a competitor. ‘The law will protect the employer if necessary by implication of a term of fidelity in the contract of employment ...

Enforcement of Corporate Manslaughter

Example essay. Last modified: 2nd Feb 2018

Corporate manslaughter legislation has done very little to prevent deaths attributable to directors’ intransigence. Indeed, it may be apt to say … ...

English and US Law on Takeover Defences

Example essay. Last modified: 2nd Feb 2018

Takeover defenses: review, explain and compare English and U.S. law (federal and state levels in the U.S., as appropriate); Takeover defenses … ...

Entrepreneurial Spirit and Innovation in a Country

Example essay. Last modified: 2nd Feb 2018

Micro, small and medium sized enterprises (SMEs) are the engine of the any economy. There are an essential; source of job, create entrepreneurial spirit and innovation in a country and are thus critical… ...

Equitable Principles Applying to Director’s Duties

Example essay. Last modified: 2nd Feb 2018

With regard to the general duties owed to a company by a director (specified in ss.171 – 177 Companies Act 2006) s.170(3) states that those … ...

Ethics in Dealing With Minority Shareholders

Example essay. Last modified: 2nd Feb 2018

Introduction: The evolution of business ethics in the last few years has been accomplished in parallel to the political, social and economical … ...

Ethics is Branch of Social Science

Example essay. Last modified: 2nd Feb 2018

The term ethics is derived from the Greek word ‘ethos’ which means character. Ethics is the branch of the social science, which deal with concepts such as right and wrong, ...

European Union Law Related to Data Protection

Example essay. Last modified: 2nd Feb 2018

This essay will attempt to examine the leading principles that form the European Union law in relation to data protection and evaluate their … ...

Evaluation of Directors Duties

Example essay. Last modified: 2nd Feb 2018

Background of the Act: “The law commissions and the Company Law Review concluded that a statutory statement of duties … ...

Evaluation of Shareholder and Stakeholder Theory

Example essay. Last modified: 2nd Feb 2018

‘Stakeholder theory and shareholder primacy have both been shown to be lacking in significant ways and should be rejected as a basis for any … ...

Evaluation of the Keck Formula in Selling Arrangements

Example essay. Last modified: 2nd Feb 2018

Key to the Keck Formula is the distinction between rules to the product itself and those that relate to the method by which the product is being sold. ...

Exam Problem Questions

Example essay. Last modified: 2nd Feb 2018

MSc Construction Ltd (hereafter MSc Ltd) is the current freeholder of a luxury block of apartments. It decided that the apartments needed renovating. ...

Exceptions to Principle of Separate Legal Entity

Example essay. Last modified: 2nd Feb 2018

It is said that the principle of separate legal entity “forms the foundation of modern company law. Any exceptions to this principle must … ...

Executive or Non-executive Directors

Example essay. Last modified: 2nd Feb 2018

Directors, whether executive or non-executive, should always carry out their duty in a high standard of care. ...

Fiduciary Duties of New Zealand Company Director

Example essay. Last modified: 2nd Feb 2018

The purpose of this essay is to analyse the fiduciary duties of a company director in New Zealand both at common law and the Companies … ...

Formal Corporate Rescue

Example essay. Last modified: 2nd Feb 2018

A LawTeacher.net sample essay within the realm of business law about formal corporate rescue. ...

Free Transferability of Shares in Public

Example essay. Last modified: 2nd Feb 2018

Restrictions on a shareholder’s ability to sell his stake in a company usually find its way through most Shareholders Agreements. Be it through a right of first … ...

Fundamental Issue in Corporate Governance

Example essay. Last modified: 2nd Feb 2018

What is the fundamental issue involved in the Corporate Governance of Companies and how it should be addressed? Introduction Corporate Governance … ...

Giving Shareholders More Power

Example essay. Last modified: 2nd Feb 2018

Do you think it is necessary to amend the Corporations Act 2001 (Cth) to give shareholders more power? The recent issue regarding the allocation … ...

Globalisation and Branding

Example essay. Last modified: 2nd Feb 2018

This paper analyses the power of trademarks to attract consumers and how it has led to the evolution of brand-based marketing as a distinct form of economic activity. ...

Health and Safety on Construction Sites

Example essay. Last modified: 2nd Feb 2018

25 (1) Every contractor carrying out construction work shall comply with the requirements of regulations 26 to 44 insofar as they affect him … ...

Higgs Reforms Implication Over Non Executive Directors

Example essay. Last modified: 2nd Feb 2018

The coursework question relates with Higgs reforms and its implication over Non-executive directors. The statement mainly emphasized whether … ...

Historical Roles of Non Executive Directors

Example essay. Last modified: 2nd Feb 2018

This essay discusses the historical roles of Non-executive directors (NEDs) starting with the Cadbury (1992) code of best practice and their role … ...

Hostile Takeovers Regulations

Example essay. Last modified: 2nd Feb 2018

The recent M&A boon in india has comprised exclusively of friendly deals, and since its economic liberalization in 1991, India has experienced … ...

How Trademark Registration Criteria Protect Brand Identity

Example essay. Last modified: 2nd Feb 2018

(a) Critically discuss how the criteria for the registration of trademarks enable them to protect brand identity (b) and explain, using … ...

Impact of Globalisation

Example essay. Last modified: 2nd Feb 2018

The world economic situation has long changed and we are living in the era of globalisation, free market economies and multinational corporations. The new changed economic, political and social scenarios have ushered in with them high levels of development ...

Impact of Sections in Companies Act 2006

Example essay. Last modified: 2nd Feb 2018

Discuss and critically analyse the significance and the impact of sections 39, 40 and 41 of the Companies Act 2006 Abstract In seeking … ...

Implications of Stamp Duty on Schemes of Arrangement

Example essay. Last modified: 2nd Feb 2018

I. Introduction 1. Background The advent of a new era of unprecedented economic growth, globalization and proliferation of commercial forces … ...

Importance of the Senior Management Test

Example essay. Last modified: 2nd Feb 2018

Discuss the importance, and potential interpretation, of the ‘senior management’ test as used in the corporate manslaughter and corporate … ...

In What Way May the Corporate Veil Be Pierced in Order to Expose

Example essay. Last modified: 2nd Feb 2018

The issue of piercing the corporate veil describes a legal decisions to treat the rights or liabilities of its shareholders or directors against … ...

Inexorable Growth of Companies

Example essay. Last modified: 2nd Feb 2018

Introduction The inexorable growth of companies and the increased shareholder sophistication in recent years have led to stronger demand … ...

Insider Trading and Business Ethics

Example essay. Last modified: 2nd Feb 2018

In this paper, we will discuss the meaning of an insider trading, who is an insider, the two types of insider trading, the ethics involved in insider trading, Martha Stewart’s scandal concerning insider trading, the Enron scandal VS. Martha Stewart scandal, the law view insider trading in the USA ...

Insider Trading Overview

Example essay. Last modified: 2nd Feb 2018

Insider trading is trading of a corporations stock or other securities (e.g. bonds or stock options) by the individuals with potential to access … ...

Insolvency Law Aims Critique

Example essay. Last modified: 2nd Feb 2018

Pick one of the aims of a good modern insolvency law as promulgated by the Cork Committee in paragraph 198 of their seminal 1982 report. Critique … ...

Intangible and Existing Only in Contemplation of Law

Example essay. Last modified: 2nd Feb 2018

A corporation is an artificial being, invisible, intangible and existing only in contemplation of law. It has neither a mind nor a bod… ...

Intellectual Property Rights

Example essay. Last modified: 2nd Feb 2018

Concept An intellectual property right pertains to any original creation of the human intellect such as artists, library, technical or scientific … ...

Interests of Stakeholders

Example essay. Last modified: 2nd Feb 2018

Are the Interests of Stakeholders Adequately Protected in the UK or Are Further Reforms Needed? ...

Is the Bribery Act 2010 Harmful to UK Companies?

Example essay. Last modified: 18th Mar 2019

The UK’s anti-bribery legislations has persistently been criticised, both domestically and abroad, for being outdated and difficult to apply in practice. ...

IT Investment Strategies and Focus of FedEx

Example essay. Last modified: 2nd Feb 2018

(1) How do the IT investment strategies and focus of FedEx and its main competitor UPS differ? Which company has the better strategy? Why? FedEx ju… ...

Joint Ventures in General

Example essay. Last modified: 2nd Feb 2018

A ‘joint venture’ can be generally defined as an enterprise, co-operation, partnership, formed by two or more companies or organizations, at least one of which is an operating entity that wishes to broaden its activities, ...

Law in the Socialist Society

Example essay. Last modified: 2nd Feb 2018

This paper elucidates and supports the Marxian claim that law will ‘wither away’ in the socialist society, a thesis developed by Marx and Engels. ...

Law Revolving Around Memorandum of Association

Example essay. Last modified: 2nd Feb 2018

table of contents 2 INTRODUCTION 2 CONTENTS OF THE MEMORANDUM OF ASSOCIATION 3 ALTERATION OF MEMORANDUM OF ASSOCIATION 10 BINDING FORCE OF MEMORAND… ...

Liability of Companies for Dishonour of Cheques

Example essay. Last modified: 2nd Feb 2018

A cheque is said to be dishonoured when the payment is not made on its presentment to the bank. Before 1988, no liability was incurred in case … ...

Liability of Parent Company for actions of Subsidiary

Example essay. Last modified: 2nd Feb 2018

The basic feature of corporate personality is that the corporation is a legal entity distinct from its members. The main advantage that it has is that it is capable of having rights and of being subject to duties which are not identical as those enjoyed or borne by its members ...

Lifting of the Corporate Veil Essay

Example essay. Last modified: 2nd Feb 2018

From the juristic point of view, a company is a legal person distinct from its members [Salomon v. Salomon and Co. Ltd. (1897) A.C 22]. This principle may be referred to as the ‘Veil of incorporation’. The courts in general consider themselves bound by this principle. ...

Lifting the Corporate Veil

Example essay. Last modified: 2nd Feb 2018

Section 1: An Overview of Corporate Veil Principles The separate corporate personality. A corporation is an artificial legal person that exists … ...

Limited Liability and Other Forms of Business Organisations

Example essay. Last modified: 2nd Feb 2018

Characteristics of Limited Liability Partnerships A Limited liability partnership (also known as a limited liability corporation) is a form … ...

Limited Liability and Salomon v Salomon

Example essay. Last modified: 2nd Feb 2018

The seed was sown by the Limited Liability Act 1855; Limited Liability did not become part of the law relating to the companies incorporated … ...

Limited Liability Company

Example essay. Last modified: 2nd Feb 2018

As the name itself defines a limited liability company is the company where the shareholders liability towards the loss or deficit is limited by shares. Here the only investment a shareholder… ...

Limited Liability Partnership Characteristics

Example essay. Last modified: 2nd Feb 2018

Analyze the Characteristics of a Limited Liability Partnership and Evaluate its benefits (if any) compared with other Business organizations … ...

Liquidated Damages

Example essay. Last modified: 2nd Feb 2018

a sum which a party to a contract agrees to pay or a deposit which he agrees to forfeit if he breaks some promise and which, having been arrived at by a good faith effort to estimate in advance the actual damage which would probably ensue the breach, are legally recoverable or retainable as agreed damages if the breach occurs ...

Major Changes to the Companies Act 1695

Example essay. Last modified: 2nd Feb 2018

Directors and officers Meeting and proceedings Accounts and audit Of all the amendments, only certain amendments involved the roles… ...

Malpractice and Misconduct of Company Directors

Example essay. Last modified: 2nd Feb 2018

This is a company law question and the issue relates to malpractice and or misconduct of company directors and whether the actions of the … ...

Management and Ownership

Example essay. Last modified: 2nd Feb 2018

… ...

Mark Spencer Plcs Corporate Governance Case

Example essay. Last modified: 2nd Feb 2018

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

Market Abuse

Example essay. Last modified: 2nd Feb 2018

This Assignment will look at the meaning of Market Abuse and the problems that are associated with it. ...

Market Abuse in UK and Hong Kong

Example essay. Last modified: 2nd Feb 2018

Introduction Market Abuse and Market Misconduct The Concept of Duty of Care The Legal Framework of Market Abuse Legislation in UK The Legal … ...

Meaning and Effect of Separate Legal Personality

Example essay. Last modified: 2nd Feb 2018

Answer both questions (1,000 words approx. each question): 1. “The company is at law a different person altogether from the subscribers to the … ...

Mediation Process from the Perspective of a Mediation Practitioner

Example essay. Last modified: 2nd Feb 2018

This essay examines the mediation process from the perspective of a mediation practitioner. It considers the approaches to mediation, advantages an… ...

Members of a Limited Company

Example essay. Last modified: 2nd Feb 2018

A limited company is an institution created to conduct business where members of a company are protected and are not personally liable neither … ...

Members Seeking to Enforce Outsider Rights

Example essay. Last modified: 2nd Feb 2018

In the United Kingdom, the memorandum or articles of association of a company are regulated by the Companies Act 2006. These articles are part … ...

Memorandum of Association Companies Act 1956

Example essay. Last modified: 2nd Feb 2018

The memorandum of association is a document of great importance in relation to the proposed company. It contains the fundamental conditions upon … ...

Mergers and Takeovers: Definition

Example essay. Last modified: 2nd Feb 2018

In order to understand the meaning of the terms ‘merger’ and ‘acquisition’, we will proceed by a thorough definition. Furthermore to have a… ...

Meta Tags and Trademarks Laws

Example essay. Last modified: 2nd Feb 2018

The age of technology has experienced vivid expansion in modern years, and the use of search engines has altered the use of internet from flaccid … ...

Model Articles for Private Companies

Example essay. Last modified: 2nd Feb 2018

Articles of Association are a set of rules which forms part of the constitution of the Company. It governs the running of the company. A model set … ...

Most Important Feature of a Company

Example essay. Last modified: 2nd Feb 2018

Introduction In today’s world where business has become very complex and production is done on a large scale requiring large amount of funds … ...

Multinationals and Corporate Governance

Example essay. Last modified: 2nd Feb 2018

LawTeacher.net offers a sample essay in business law titled Multinationals and Corporate Governance and the importance of OECD Guidelines. ...

Netscape vs Microsoft Antitrust Lawsuit, 2002

Example essay. Last modified: 5th Aug 2019

Netscape filed an antitrust lawsuit on the same grounds that were stated by the US Department of Justice during their investigations during the 1990s. ...

New Administration Procedure Enterprise Act 2002

Example essay. Last modified: 2nd Feb 2018

The UK Insolvency Law shows the distinctive characteristics in its long-term development and has a broad impact … ...

New Codification of Directors Duties

Example essay. Last modified: 2nd Feb 2018

Introduction This paper discusses on whether the new codification of directors’ duties in the Companies Act 2006 gives a true reflection of the … ...

North Sea Continental

Example essay. Last modified: 2nd Feb 2018

… ...

Outline the Basic Elements of a Crime

Example essay. Last modified: 2nd Feb 2018

A crime is an action that is forbidden by the courts or by Parliament. Two basic and the most important elements of crime are mens rea and actus… ...

Partnership

Example essay. Last modified: 2nd Feb 2018

A partner is an agent to his firm. The firm is bound by his conduct as long as it falls within his power as an agent. By referring to decided cases and statutory profisions. ...

Partnership and Potential Liabilities

Example essay. Last modified: 2nd Feb 2018

The issue here is to discuss partnership and potential liabilities and legal rights with partners. The area of Law in this particular problem is that laws on all matters pertaining to Partnership in regard to potential partnership. ...

Policy of Not Hearing Members Against Company

Example essay. Last modified: 2nd Feb 2018

1.0 Introduction It has been more than 150 years since the Court of Chancery passed its’ seminal judgment in Foss v Harbottle. The case itself … ...

Position of a Non Executive Director

Example essay. Last modified: 2nd Feb 2018

In 1962, Lord Boothby expressed in a typically downright and impish style the position of a Non-executive director as follows: Unarguably, in the … ...

Potential Liability of Respective Directors

Example essay. Last modified: 2nd Feb 2018

D & R Recruitment Limited is a company specialising in permanent and temporary recruitment of advertising staff, which has traded since … ...

Power of Trade Marks

Example essay. Last modified: 2nd Feb 2018

‘Trade marks are often considered to be the most powerful of all intellectual property rights’. Discuss. The main purpose and function … ...

Practical Achievement of Pari Passu Principle

Example essay. Last modified: 2nd Feb 2018

This paper critically appraises to what extent pari passu principle is achieved in practice. Pari passu means ‘proportionally; at an equal pace’ … ...

Pre-incorporation Contracts and the Promoter

Example essay. Last modified: 2nd Feb 2018

In order to do away with these inconveniences, the promoter [5] can enter into the agreements in the benefit of ‘association of persons’ or prospective company; these agreements are known as pre-incorporation contract. ...

Prevention of Oppression and Mismanagement

Example essay. Last modified: 2nd Feb 2018

A company in a broad sense is a group of persons who have come together or who have contributed money for some common purpose and have incorporated themselves into distinct legal entity. Company is the amalgamation of two distinct words … ...

Previously Under the Common Law also Known as Case Law or Precedent

Example essay. Last modified: 2nd Feb 2018

Vicarious liability is the legal liability imposed on one person for torts and crimes committed by another, even though they are not… ...

Principles of Data Protection Act

Example essay. Last modified: 2nd Feb 2018

Data Protection Act 1998 Abstract The focus of this report is to explain the requirements & imposes of Data Protection … ...

Principles of Incorporating a Company

Example essay. Last modified: 2nd Feb 2018

This paper aims to explore the principles of incorporating a company and the dilemma faced by individuals with businesses. This will typically be … ...

Problem Question on Beneficiaries and Trust

Example essay. Last modified: 2nd Feb 2018

The persons who are profiting from the information meant for the Trust are C the solicitors and T a beneficiary of the trust. ...

Problematic Provisions of 1890 Partnership Act

Example essay. Last modified: 2nd Feb 2018

Essay question: “At the start of 2009 there were thought to be approximately 440,000 partnerships in the UK. With this in mind … ...

Problems Caused by Partnership Act 1890

Example essay. Last modified: 2nd Feb 2018

Partnership Act 1890 (‘the Act’) is constantly being criticized as of advanced age and thus fails to suit the vast number of modern … ...

Problems faced by Minority Shareholders

Example essay. Last modified: 2nd Feb 2018

The main problem on which focus in this essay is required on the effectiveness of the treatment which is most commonly used by minority shareholders to get some personal treatment in wake of breaches of directors’ duties, or of other inadequate conduct of company business. ...

Promoting the Success of the Company

Example essay. Last modified: 2nd Feb 2018

The Companies Act 2006 s.172 introduced a directorial duty of promoting the success of the company. This new session purports to encapsulate the … ...

Protecting the Interest of Minority Shareholders

Example essay. Last modified: 2nd Feb 2018

In the day-to-day working of a company, certain decisions need to be taken regarding the management of the company and these decisions are generally taken by the majority members. In this process of decision-making, there may arise certain occasions wherein the interests of the majority shareholders may come in conflict with that of the minority shareholders. In such a case, if the decisions … ...

Relationship Subsisting Between Parties in Business

Example essay. Last modified: 2nd Feb 2018

The Partnership Act 1890 governs the relationship subsisting between parties in the course of business with a view to make profit . Since … ...

Relief and Prevention of Mismanagement

Example essay. Last modified: 2nd Feb 2018

‘It’s better to be alone than in bad company’ -George Washington. Corporate democracy is reckoned with the number of shares one has … ...

Remedies Available to Liquidators

Example essay. Last modified: 2nd Feb 2018

The brief will investigate the remedies available to liquidators under the Insolvency Act 1986 in the event of a false statement by a director … ...