Fiduciary

A. Legal Rules Conflict of Interest A long-time member of the board and the largest donor, John Woods, reached out to the Executive Director of Children’s Assistance Services (CAS) to contact Marvin Jones to start on the repair project. John Woods’ wife’s brother owns 20% of Marvin Jones’ business. Since Woods is a member of the board and holds leverage due to being the largest donor, this situation is deemed as a conflict of interest (Statues p.1019, Article III, Para 2). Moreover, there was…

DISPUTE ARISING BETWEEN THE TWO THEORIES 1. Introduction A company should pursue economic profitability in order to survive. However, today, it has been brought to awareness that a company also has social responsibilities towards a number of people working together to achieve its aim. An analysis of the shareholder and stakeholder theories has led to the conclusion that these two are very much contradictory, resulting in a debate as to which theory will help embrace good corporate governance.…

ON THE TREATMENT OF CORPORATE GROUPS UNDER THE AUSTRALIAN LEGAL SYSTEM TABL 2741 – Business Entities On the Treatment of Corporate Groups under the Australian Legal System Summary: Built on thousands of years of tradition, the contemporary legal system is as thorough and complete as it has ever been. Despite this, corporations law has evolved much more recently and, though ever evolving, often struggles to keep pace with the corporate sphere it governs. A key example of this is with respect…

family physically, spiritually, emotionally, and mentally. While the calling of a pastor is a noble one, there is a higher calling, and that is of a father. To see to it that my public ministry is one that is pleasing in God’s sight, I have a fiduciary responsibility to care for my home in a way that is pleasing to…

The form of business that Shania should engage in to open up her coffeehouse should be a limited partnership. If she were to open as a sole proprietor, although inexpensive, she is liable for everything that happens to her business, and she is the only one dependent upon supplying the necessities for the business to operate. These necessities include: the capital to start the business, property, and all other factors that are required to get a business started. By reaching out to her husband,…

Problem 1: Breach of contract. Inducing a breach of contract can occur when on business’s employee leaves to work for a rival business in the same field (Yates, 121). As Jennifer’s old assistant was poached by a rival company, this could be considered a breach of contract if her assistant had committed to stay with the company for a certain period of time or had agreed not to disclose ‘trade secrets’. In order to sue successfully, Jennifer would have to prove that her assistant was aware of the…

Agency can be defined as the “fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act” (American Law Institute, 1958) Agency involves three parties, the Principal, the Agent and the Third party. The agent is the party that acts on and conducts transactions on behalf of the principal, commonly through a contractual relationship between the two. There exist…

Proper Order in Confucianism and as educated fundamentally by Mencius, the Chinese scholar, which is the applied hypothesis that trains how individuals can achieve their most astounding capability of moral and material prosperity encapsulated in Mencius' origination of human nature. The hypothesis of proper order is the essential and philosophical route to that end. Proper order has had enduring and substantial consequences for present day East Asian governmental issues and its connection…

Many labor unions provide ethics training to their leadership. Maggie Cohen writes in WorkingUSA, that “The overarching goal of union ethics training would be to teach activists, elected leaders and staff how to integrate principles of democracy, fiduciary duty, fair representation and training of new activists into all of their union activities. Its ultimate guiding principle would be to engender a personal understanding of the uniquely important role of unions in benefitting all working men…

leader hears some insider trading information and they know they will profit from the news, they should first ask themselves if it is the right thing to do. Is it fair? Since insider training refers to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security (U.S. Securities and Exchange Commission, 2001), it is also considered illegal; not just morally wrong. Clearly…