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Author: Johnsen Chen
Publisher: GRIN Verlag
ISBN: 3640089782
Category : Law
Languages : en
Pages : 11
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Book Description
Essay from the year 2007 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: B+, Oxford Brookes University (Nilai College), course: Business Law, language: English, abstract: Andrew in order to make the preparations for the new company has gone to make a loan of $100.000 from the bank. Moreover, the money was only transferred to the account of the company when it has been formed and it was acknowledged by Brandon for the benefit of the prospective Always True Ltd. After the liquidation the bank would like to recover the $100.000. The issue is whether or not the bank has the right to recover the loan. However, it is stated in the story that the money should be transferred into the account of the Always true when formed thus it means that the name of the principal is stated in the contract. Principal in legal terms means a person, fictitious or otherwise, who authorizes an agent to act to create one or more legal relationships with a third party (Wikipedia, 2007). According to Guest (1979), when agent contracts for named principal or whose name is disclosed then it may be laid down as a general rule where the agent drops out of the transaction as soon as the contract is made and acquires neither rights nor liabilities under it. In addition, Craig (N/D) stated that the principal must be named or at least be capable of being identified for the ratification to be valid. In the case of Schmaltz v Avery , where the plaintiff entered into a contract of charter-party with the defendant, the plaintiffs described themselves as agents of the freighters and it was provided in the contract that, since they were contracting ‘on behalf of another party’ all personal liability on their part should cease when the cargo shipped (Guest, 1979). Therefore I conclude that the company should be held liable as from the case study given, the contract signed have fulfilled the term above, where Andrew have disclosed the name of the company and the money was sent into the account of the company.
Author: Johnsen Chen
Publisher: GRIN Verlag
ISBN: 3640089782
Category : Law
Languages : en
Pages : 11
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Book Description
Essay from the year 2007 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: B+, Oxford Brookes University (Nilai College), course: Business Law, language: English, abstract: Andrew in order to make the preparations for the new company has gone to make a loan of $100.000 from the bank. Moreover, the money was only transferred to the account of the company when it has been formed and it was acknowledged by Brandon for the benefit of the prospective Always True Ltd. After the liquidation the bank would like to recover the $100.000. The issue is whether or not the bank has the right to recover the loan. However, it is stated in the story that the money should be transferred into the account of the Always true when formed thus it means that the name of the principal is stated in the contract. Principal in legal terms means a person, fictitious or otherwise, who authorizes an agent to act to create one or more legal relationships with a third party (Wikipedia, 2007). According to Guest (1979), when agent contracts for named principal or whose name is disclosed then it may be laid down as a general rule where the agent drops out of the transaction as soon as the contract is made and acquires neither rights nor liabilities under it. In addition, Craig (N/D) stated that the principal must be named or at least be capable of being identified for the ratification to be valid. In the case of Schmaltz v Avery , where the plaintiff entered into a contract of charter-party with the defendant, the plaintiffs described themselves as agents of the freighters and it was provided in the contract that, since they were contracting ‘on behalf of another party’ all personal liability on their part should cease when the cargo shipped (Guest, 1979). Therefore I conclude that the company should be held liable as from the case study given, the contract signed have fulfilled the term above, where Andrew have disclosed the name of the company and the money was sent into the account of the company.
Author: Stuart C. Gilson
Publisher: John Wiley & Sons
ISBN: 0470503521
Category : Business & Economics
Languages : en
Pages : 852
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Book Description
An updated look at how corporate restructuring really works Stuart Gilson is one of the leading corporate restructuring experts in the United States, teaching thousands of students and consulting with numerous companies. Now, in the second edition of this bestselling book, Gilson returns to present new insight into corporate restructuring. Through real-world case studies that involve some of the most prominent restructurings of the last ten years, and highlighting the increased role of hedge funds in distressed investing, you'll develop a better sense of the restructuring process and how it can truly create value. In addition to "classic" buyout and structuring case studies, this second edition includes coverage of Delphi, General Motors, the Finova Group and Warren Buffett, Kmart and Sears, Adelphia Communications, Seagate Technology, Dupont-Conoco, and even the Eurotunnel debt restructuring. Covers corporate bankruptcy reorganization, debt workouts, "vulture" investing, equity spin-offs, asset divestitures, and much more Addresses the effect of employee layoffs and corporate downsizing Examines how companies allocate value and when a corporation should "pull the trigger" From hedge funds to financial fraud to subprime busts, this second edition offers a rare look at some of the most innovative and controversial restructurings ever.
Author: Florida Bar. Continuing Legal Education
Publisher:
ISBN:
Category : Bankruptcy trustees
Languages : en
Pages :
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Book Description
Author: Ronald Kudla
Publisher: Praeger
ISBN:
Category : Business & Economics
Languages : en
Pages : 166
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Book Description
The text is an invaluable guide in evaluating the suitability of liquidation as a corporate strategic planning tool. Factors such as taxes, regulations, market forces, cessation of business and government intervention are some of the reasons why firms decide to liquidate. The book also explores the mechanics of liquidation including severance agreements, employee stock options, and the use of legal, accounting and other experts in the liquidation process. Entrepreneurial Manager's Newsletter Voluntary liquidation entails selling all of a firm's assets for cash, paying off all outstanding debts, and distributing the remaining funds to stockholders as liquidating dividends. Kudla's book, which is the first systematic examination of the subject, will enable corporate executives to evaluate the suitability of liquidation as a corporate strategic planning tool. The author begins with an explanation of the rationale for liquidations and looks at the reasons why a firm may be worth more dead than alive, examining such factors as taxes, regulations, market forces, cessation of business, and government intervention. He describes the mechanics of liquidation; severance agreements for employees; employee stock options; and the use of legal, accounting, and other types of experts in the liquidation process. He discusses the major tax aspects, including the impact of the 1986 Tax Reform Act, and shows how corporation liquidations may benefit common stockholders. To illustrate the diversity of liquidation scenarios, Kudla offers case studies of three firms that found voluntary liquidation to be the most appropriate strategic alternative.
Author: Marjan Marandi Parkinson
Publisher: Springer
ISBN: 3319771108
Category : Business & Economics
Languages : en
Pages : 305
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Book Description
This book presents an account of legal, economic and managerial perspectives on governance in situations of financial distress and insolvency. It uses detailed real-life case studies of executive decision making to explore and illustrate the discussion. The book deals with the emergence of corporate governance as a framework of checks and balances on executive decision-making, before moving to the core issues of governance during financial distress and insolvency and alternative informal and formal rescue. Identifying and reviewing turnaround strategies and formal rescue processes available to management, the book also examines the increasing importance of creditors and their impact on business decision-making. The book provides a detailed interpretation of governance in five mega insolvencies in retail and construction following the financial crisis in 2008. It also sets out a methodology which is designed to inform and help those readers seeking to analyse and interpret director behaviour in such circumstances.
Author:
Publisher:
ISBN: 0472037447
Category :
Languages : en
Pages : 457
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Book Description
Author: Harold Bierman, Jr
Publisher: World Scientific Publishing Company
ISBN: 9814667293
Category : Business & Economics
Languages : en
Pages : 920
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Book Description
Case Studies for Corporate Finance: From A (Anheuser) to Z (Zyps) (In 2 Volumes) provides a distinctive collection of 51 real business cases dealing with corporate finance issues over the period of 1985-2014. Written by Harold Bierman Jr, world-renowned author in the field of corporate finance, the book spans over different areas of finance which range from capital structures to leveraged buy-outs to restructuring. While the primary focus of the case studies is the economy of the United States, other parts of the world are also represented. Notable to this comprehensive case studies book are questions to which unique solutions are offered in Volume 2, all of which aim to provide the reader with simulated experience of real business situations involving corporate financial decision-making. Case studies covered include that of Time Warner (1989-1991), The Walt Disney Company (1995), Exxon-Mobil (1998), Mitsubishi's Zero Coupon Convertible Bond (2000), and Apple (2014).
Author: Kevin J. Delaney
Publisher: Univ of California Press
ISBN: 9780520911024
Category : Social Science
Languages : en
Pages : 236
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Book Description
In 1982 Johns-Manville, a major asbestos manufacturer, declares itself insolvent to avoid paying claims resulting from exposure to its products. A year later, Continental Airlines, one of the top ten carriers in the United States, claims a deficit when the union resists plans to cut labor costs. Later still, oil powerhouse Texaco cries broke rather than pay damages resulting from a courtroom defeat by archrival Pennzoil. Bankruptcy, once a term that sent shudders up a manager's spine, has now become a potent weapon in the corporate arsenal. In his timely and challenging study, Kevin Delaney explores this profound change in our legal landscape, where corporations with billions of dollars in assets employ bankruptcy to achieve specific political and organizational objectives. As a consequence, bankruptcy court is rapidly becoming an arena in which crucial social issues are resolved: How and when will people dying of asbestos poisoning be compensated? Can companies unilaterally break legally negotiated labor contracts? What are the ethical and legal rules of the corporate takeover game? In probing the Chapter 11 bankruptcies of Johns-Manville, Frank Lorenzo's Continental Airlines, and Texaco, Delaney shows not only that bankruptcy is pursued by managers more and more as a strategy, but that it is becoming accepted by the business community as a viable option, and not just a last-ditch solution. This searing exposé of current corporate practices will incite debate among corporate executives, lawyers, legislators, and policy makers.
Author: Kirupa Priyadarsini M
Publisher: Clever Fox Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 322
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Book Description
Case study is an important pedagogical tool not only to facilitate classroom teaching, but is also a research tool used widely in academia and industry. Every workplace situation calls for decision making and managerial skill. While some situations are more complex and far-reaching than the others, all decisions are equally important for the businesses in the overall landscape. On one hand, strategic decisions call for sharp business acumen and experience; on the other hand, operational decisions call for tact and eye for detail. Businesses employ unique solutions to solve their problem which is often recorded as a case study. These case studies are an effective tool to enhance learning. It stimulates the students to integrate classroom-learning with application orientation to solve real live problems. The growth in case writers coupled with availability of good cases has made industry and academia to embrace case methods. An initiative to support and encourage build indigenous case studies, this book is a compilation of the cases presented at the Management Case Conference organised by PSG Institute of Management in 2021
Author: World Bank
Publisher: World Bank Publications
ISBN: 1464814414
Category : Business & Economics
Languages : en
Pages : 241
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Book Description
Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
