Law for Manager - 3522 Words

The partnership act 1890 governs the relationship of the persons and the outside world. And in respect of dissolution; if there is no partnership agreement, the partnership act set out the rights and duties of the partners. Such rights and duties (by act or agreement) may be varies by the consent of all partners. (S 19). ‘The relation which subsists between persons carrying on a business in common with a view to profit.’ Under S24 (5) ‘in common’ means every partner has a say in the firm. The members are only liable for their subscription unless the partnership agreement says otherwise. Saywell V Rope [1979] the wives are not in the partnership as no evidence suggested. ‘Person’ includes a corporation as well as individuals. Companies can†¦show more content†¦A person’s business suffers in the same name/similar name may bring a ‘passing off’ action and obtain an injunction stopping the defendant. ANNABEL’S (BE RKELEY SQUARE) Ltd . VG. SCHOEK[1972] S.30 If any partner without the consent of the others, carries on business of the same nature as and competing with that of the firm, he must account for and pay over all profits made in that business. In the absence of any agreement to the contrary, a partner can carrying a non-competing business which does not involve the use of the firm’s property. Croft V Day [1843] Mr Day uses the same trade name as the other in the same street. Held: the injunction was granted preventing the new firm from trading under the name Day and Martin, the intention of the new firm was to deceive the public. Under S.34 it is a criminal offence for a partnership to use the word ‘limited or ‘ltd’ in its name. Partnership agreement terms: Name of partners; Date on the start and end of the partnership; How profit and loss being shared; How much may each partner draw monthly; At which bank the partner maintain its account; Principal asset; Subm ission of disputes to arbitration; The partnership is based on agreement and they are free to alter them. S. 19 say the decision may be made unanimously; a partnership can’t be formed for an illegal purpose. Types of partnership: 1) General partner takes active role in the dailyShow MoreRelatedQuestions On Law For Managers1998 Words   |  8 Pages LAW FOR MANAGERS Question 1: 1 Offer The first element in a valid contract would be offer. An offer or an agreement needs to be in contract because without offer there is no contract. In the Contracts Act 1950 the first elements is an offer. It is one of the elements to make sure that the contract is legally valid or acceptable. In a contract, it is important that a party would make an offer. There is a difference of offer between an advertisement and an optionRead MoreThe Ethical Dilemma Faced By The Managers At The Law Firm918 Words   |  4 Pages1. How would you describe the ethical dilemma confronted by the managers at the law firm? The ethical dilemma was choosing either to respect Andrew’s condition or to take care of the health and interests of the rest of the employees. The latter option meant that Andrew had to be dismissed due his condition (suffering from a deadly disease and being homosexual). The ethical dilemma arose because the company had to compromise other factors and make a decision of firing Andrew based on othersRead MoreFour Examples Of Laws Or Regulations That Affect Fire Service Managers And Their Employees1798 Words   |  8 PagesFour examples of laws or regulations that affect fire service managers and their employees. 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At the end ofRead MoreEmergency Management Laws And Act768 Words   |  4 PagesEmergency Management laws and acts are established by the Federal Government to allow emergency managers and local elected officials the opportunity to lead disaster response and recovery from the local level to the Federal level. Many of these laws and acts give absolute power to local and state officials to make decisions to best preserve life and property during and after an incident. The laws and acts also hold these officials accountable for the actions that they take and the responsibilityRead MoreEssay about social media1312 Words à ‚  |  6 PagesAugust 12, 2014 Class Name: Leg 100- Business Law Professor Latarsha Jones A legally astute manager recognizes and shows an appreciation for the law and identifies and makes legal considerations at each level of development and implementation. Respect for the law serves as the building blocks in the development of a management team. 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