Misrepresentation College Essays Samples For Students

Business Law

Business Law
The subject of the essay is the rescission of the contract due to misrepresentation of Elvis Eggplant to induce Mr. Manfredi to buy the café from Happy Hippie Pty Ltd. The fraudulent scheme employed by Elvis led Mr. Manfredi to believe that the café was a profitable business to induce him to buy it.

Issue in the case:

The issue in this particular case is whether or not Mr. Manfredi can rescind the contract that was obtained by material false representation by Mr. Elvis Eggplant. Elvis misrepresented the past and future profitability of the vegetarian café by inflated at least 60 ...

Identity theft is a fraud-related crime that primarily involves an individual accessing and at the same time misusing another person’s identifying information (Morton, 2014). In this case, the information might even include pin numbers, credit card information as well as social security numbers. This information might be accessed through illegal and unauthorized access to government and even financial institution or through identity theft. As an attorney, I would charge Gorski as an identity thief since the cards in the briefcase contain identities of other individuals. Counterfeiting is another crime that involves goods and services that appear as if they ...

Business Law

1. List and explain the four (4) requirements of a valid contact and the two (2) defenses to the enforceability of a contract. Cite and explain two cases from the textbook that discuss contract law.

Agreement (Offer and Acceptance).

When one party proposes something to another, he is said to make an offer. If a party agrees to the proposal without any change in it, he is considered to have made the acceptance of that offer. An offer is always confused with an invitation to treat. Advertisements and displays in shops are the examples. They are not offers, but an invitation to treat. An acceptance must ...

Section 18 of the Australian Commercial Law: Marcus Hesada Case

Section 18 of the Australian Commercial Law
Section 18 of the Australian Commercial Law (ACL) states an express prohibition on misleading or deceptive conduct, in that a “person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.”
Originally, this provision was in Section 52 of the Trade and Practices Law, the predecessor of the ACL. Essentially, the two provisions are very much the same, except that the ACL amended the TPL to include persons, instead of solely involving corporations. Further, the ACL prescribes a norm of conduct ...

Business law

Introduction
In every day, people enter into contracts without noticing. For instance, when we take seats in a certain bus, we enter into a contract but we do not realize. Going into a restaurant and taking snacks also amounts to being into a contract. In cases of individuals engaging in commerce, industry, or trade, they carry on their businesses through entering into contracts. Law of contracts actually varies from the other divisions of law in very crucial respect. This law does not essentially lay down many rights and duties that are precious and which it will enforce and protect. Rather, it contains ...

Cardillo Travel Systems

The Cardillo Travel Systems case shows the way the management cooked up the books only to be caught later. This essay will attempt to answer some questions on this case.
False Representation to External Auditors: The executives at Cardillo Travel Systems were aware it needed to maintain a minimum of $3 million of stockholder’s equity threshold established by the court outstanding against the organization. (Ritterburg, 2012). This was the reason that shaped their intent to falsify the organization’s books to misrepresent facts before investors and creditors. The issue started with the accountants at Cardillo making an improper ...

Introduction

Over the last few decades, there have been several changes in the roles of audit companies notably due to challenges that have affected the ethics and integrity of the institution of auditing. Traditionally, audit companies are mandated with the responsibility of analysing the financial systems, financial records as well as the compliance of companies’ financial reporting procedures with the specific national regulations. The effectiveness of audit companies in implementing these duties is extremely important in the public trust in business organizations around the world.
Local and international investors rely on the accuracy of audit reports produced by audit companies ...

Introductory Remarks (problem statement, research questions presentation, thesis)

Non-consequentialism, relativism, and absolutism as philosophies and ethical theories will be central to the research into the nature of media portrayal of different minorities in various states and the way the theories and philosophies shape people’s perception of such representation. Portrayal is often the problem due to it being incomplete, biased, or distorted for a variety of reasons, whether political or otherwise. Besides evidence and opposed attitudes, the project will offer practical recommendations as to how to improve the coverage of different minorities.
Thesis statement: non-consequentialism, relativism, and absolutism influence how people perceive the problem of the inadequate ...

Introduction

Recently, the problem of corporate crime and ethical misconduct had seriously aggravated. More often ethical misconduct and non-compliance occurs in the field of environmental regulation, health care, securities law, and safety regulations. Nowadays whistleblowing is recognized as a tool of detection and prevention of malpractice and corruption. The motivations of whistleblowers are different including protection of human rights, fairly paly, disclosure of malpractices, human safety, and adherence to laws. Thank to whistleblowers, corruption practices are revealed. Meanwhile, whistleblowers often suffer from the disclosures they initiated because disclosure meets with resistance from the side of corrupted structures. Therefore, whistleblowers ...

Contracts are agreements that two or more parties get into with a motive of honoring the terms stipulate. Contracts can either be written, oral or perceived. Contract law ensures that parties involved in any contract conduct themselves in the acceptable as any misrepresentation would arise to making the contract voidable and illegal. Breach of the contract could also result to fines by the courts of law.
Skyline contractors Inc. v. Spokane Housing Authority

Statement of facts:

The skyline contractors were the appellant in this case while Spokane Housing Authority was the respondent. Skyline contacted had been contracted by the Spoken Housing Authority. ...

Response to an Audit Report Inquiry

Dear Dominique,
I am writing this email in response to your request for clarification and explanation on the different types of audit reports. Generally, audit reports give an appraisal of a company or business’s financial performance and status during a specified period of time. These reports are usually completed by an independent accounting professional (internal or external), and cover the company’s assets and liabilities. Audit reports represent the auditor’s assessment of the company’s financial position and future status. In many countries, audit reports are required by law if the company is publicly traded or operates ...

Define “contract” and briefly describe the four essential elements necessary for a valid contract to be executed.

A contract is an agreement between two or more parties that is enforceable in court. The four essential elements of a valid contract are capacities of the party involved, mutual agreement or assent, consideration and legality of subject matter.

Identify and describe the various ways that a contract can be classified.

Contracts can be classified broadly into three categories- 1) By type of formation, 2) By type of performance and 3) By enforceability.
What is meant by a “mistake” within the context of a legal contract? Describe the different types of mistakes that exist. How do each of these types of “mistakes” impact the enforceability of the contract?
In the process ...

Introduction

Background of Caterpillar
Caterpillar Inc. is an American largest construction equipment company that sold its products in different parts of the world. The company is engaged in "manufacturing construction and mining equipment, industrial gas turbines, diesel and natural gas engines and others" (Baldwin & Rutwitch, 2014). The company owned assets of more than 89 billion dollars. It is the largest company in the overall industry. The company sells its product with a trademark of “Caterpillar Yellow”. The company is performing its operations in many countries. The upper management of the company put efforts to acquire other companies and their subsidiaries ...

According to the affidavit, the search must be conducted as per the law states since the victim is being involved in unlawful behavior (Chrystie, 1995). Similarly, the victim states that he has illegal goods in his house that he is using in exploiting the children. Brown revelation that he poses media containing child pornography prompts the court to justify a search so that the goods and materials found can act as an evident in the court. In addition, the property found in the Brown’s possession will afford evidence of a crime or the intended commission of pursuit to commit a crime. ...

A Case Study of Coca Cola Inc.

Coca Cola Inc. is a multinational beverage company with its headquarters in Atlanta, Georgia. It has many managed and private bottlers globally. As the largest beverage producer in the world, Coca-Cola sells to more than one billion consumers every day. Its well-defined distribution has been the cornerstone for its global positioning. The head factory produces the concentrated syrup, which is transported to its local distributors. The syrup and the production process intellectually protected by the intellectual property laws. As such, the head office controls all its products, including safety concerns. The organization produces a variety of carbonated drinks among ...

The case Thompson v. North American Stainless, LP addresses the scope of the retaliation provision under Title VII that enables protection for the employees against the illegal actions of the employers. Title VII of the Civil Rights Act of 1964 permits retaliation cases in order to decrease the exposure to the discriminatory activity in actions of the employees. Meanwhile, this article states that the retaliation should be understood as the situation when the employee of the firm was fired or reassigned as well as he was deprived of the certain range of the benefits if the employer considered them ...

Legal Aspect of Responsible Leadership

The law of contract involves the legal policies that govern the agreement between two or more parties involved in a transaction of delivery of service or provision of goods, which is enforceable by law. Different contracts have varying terms and conditions depending on the sector involved and the intention of the contracting parties. The law of contract within the business sector is very clear because it is guided by the concept of essential elements of a valid contract. Any transaction that qualifies to be a legal contract between the parties should be enforceable by law and any violation of ...

The paper highlights the scandal of Enron and three prominent issues of Enron which led to the collapse of Enron. Enron was energy, commodities, and services company based in Houston, America. After reaching an incredible height of success, Enron Corporation collapsed because of bankruptcy. The policies implemented by Enron backfired and proved to be fatal for the company,as the company crumbled down. The deregulation of Enron was one of the reasons for its doomed fate since Enron was involved in maintaining agency’s earnings reports for investors. Enron did the reporting in a vague manner, hence hiding the ...

Discussion Board

Discussion Board

Randy’s decision to omit both the assets and the pending payments is because he wants the company’s financial statement to look good when the creditors assess at the company’s financial records. If he acted ethically and put the assets without having paid for them the creditors would most likely decline to give the company the loan, due to the outstanding debt. In this regard, I think Randy’s decision was ill intended and was misleading to the company’s creditors (Hogan, Rezaee, Riley, & Velury, 2008).
Explain the circumstances under which Randy’s decision would ...

Conflict of interest – Every manager within the company shall act in the best interest of the company and all other conflicts of interests avoided. The code of ethics looks at cases where managers might have conflicting interests with the ones that they are assigned to as managers. Managers are to ensure that they perform their duties to the later within the company that they serve and avoid any situations that will compromise their center of focus (Bryson, 2016).
Internal relations – The sections looks at the relations between the company and its managers in terms of expectations from the employees ...

Introduction

Kathi Miao is a feminist, a film critic and editor. She is also a fantasy and science fiction magazine columnist. Additionally, she has authored books on film essays with the Disney Dolls article being among her most famous and most controversial criticism. In this article, Miao subjects the Disney children’s films to feminism criticism, looking at the themes and the characterization with the critical eye of a feminist. She asserts that the female characters that we have come to know and adore in the Disney animated films; from the classics of Snow White , Sleeping Beauty, the little Mermaid, ...

Background

Earnings Management
Earnings management could be defined as activities that involve legal and reasonable management the ultimate aim of which is to achieve financial results that are not only predictable but also very much stable. We wouldn’t be wrong if we said that earnings management is the complete opposite of management which involves illegal activities and financial representations which do not reflect the true and accurate economic state of the company. These types of activities are also very commonly phrased as ‘cooking the books’. Earnings management could ultimately turn into a problem with the money making goals set ...

It has been close to two years since Malaysian Boeing MH17 being downed over the disputed territory of eastern Ukraine. In the early hours and days of the tragedy, the media of most world countries, whether print, online, or television, seemed to be trying nothing else other than to cover the continuous story. While journalists are not tripping over each other in a bid to publish the sensational materials presently, the interest in the story has not ceased completely, neither has the investigation that is still to name the guilty party. Until it has, media will continue their coverage ...

There are various laws that govern the operations of a business and have to be adhered to; this ensures that there is smooth business operation. Chapter four of the book “Employment Law for Business” focuses on the legal construction of the employment environment. The chapter mainly looks at the [people who work as Human Resource who are considered to be valuable business assets. The chapter focuses on the handling of employees from the recruitment stage up to when they start working in a business. During recruitment a disabled person should not be asked questions concerning his/her disability. The employer should find means ...

In an action for the recovery of the amount paid to Fast Food, there are various warranty theories that Jane and David can apply. The first of these theories is the implied warranty of merchantability. In this case, the two can rely on the condition that posits that the food or drink sold must fit the ordinary purposes for which it is sold. In this case, the buns fail to meet this criterion because they are not in a suitable condition for making the hot dogs. The second warranty that Jane and David may rely on is the implied warranty ...

The first important concept I have learned from this course is the effects of technology in the media industry. The evolution of media industry is subject to the various technological advancements. The impact of technology on the mass media industry is clear and profound in the course. The effect of technology on mass media is evident on the aspects of print media and the electronic media communication. The effect of technology has influenced greatly the rate and speed of transmission of information.
The second concept is how media leads to misrepresentation of facts and information to the public. ...

Every organization must effectively handle situations of communication failures, no matter what kind of services, products, or industry type it represents. The facts illustrate that companies do not operate in a vacuum, and good communication is key to the successful function of an organization. But what happens when things go wrong? W. Charles Redding is commonly acknowledged truly understanding the concept of ‘organizational communications.’ Zaremba (2010) quotes “In every instance of organizational malaise that comes to mind, at some time and in some way, human communication behavior has been significantly involved. Indeed there are scholars which have persuasively made the ...

Data

The Frontline; episode The Untouchables
In the episode The Untouchables, the Frontline investigates the reasons that caused the Wall Street’s leaders escape prosecution for any kind of fraud related to transactions with bad mortgages. It is based on memories of people who took significant part in the process which lead to the financial crisis in 2008 with Lehmon Brothers’ collapse and affecting large number of shareholders, banks, companies, and many others.
Insiders of mortgage industry blew the alarm whistle before 2008 when the scandal exploded followed by huge consequences. Due diligence underwriters who were known as ...

The business sector is increasingly competitive: competition between the consumer and the service provider. In order to make profits, companies engage in numerous strategic planning and information sourcing. On the other hand, consumers compete with service providers in information sourcing in order to make favorable decisions. The insurance sector portrays its competitive nature through their methods of information asymmetry.
My essay is to point out the key economical issues related to asymmetry of information in the insurance sector. All of the key issues related to the insurance trade, including the assessments of compensations for damages.
Like in ...

Introduction:

Public relations are a multidimensional discipline that incorporates the structures and controls of information flow from an organization to the public and vice versa. In most instances organizations are the ones reach out to the public to inform them of different aspects of their business. However, the core responsibility of public relations efforts is organizational image enhancement. This paper will articulate three concepts involved in public relations, which include traditional media, social media and stakeholder engagement. Traditional media incorporates multiple communication approaches that have been in use for over a long period. These activities date back about a century ago (Heath, & Vasquez, ...

This paper compares the differences between Islamic Musharaka and Conventional equity investments. It contains a detailed discussion on both financial models accompanied with a brief comparison of the two at the end. The following aspects of the Musharaka and Conventional equity financing contracts have been covered.

1. Introduction to Islamic and Conventional financing systems
2. Brief over view of both modes of financing
3. Types of both modes of financing
4. Commencement of agreement
5. Contract terms and conditions
6. Termination of contract
7. Risk of loss
8. Ownership provision
9. Expense consequent ...

Humanoid Robots

Artificial intelligence has facilitated the scientific desire of creating intelligent machines to equal human capabilities (Kochan 20). Emerging technologies particularly in Artificial Intelligence software have given scientists the capabilities of mimicking human reasoning and deductive abilities. While the use of this software dates back many years, the concept of Artificial intelligence and the use of robotics has generated different ethical and moral issues (Kochan 21). Other than the ethical and moral issues, it has led to increased distrust to scientists and creating a plethora of challenges to the prevailing legal structures.

Humanoid Robot will entail the manufacture and development of ...

Accrual and cash basis differs in regard to recognition of revenue as well as expenses of a business. Cash basis recognizes income when cash is received. For example, when goods are sold at a profit the profit will be recognized when the buyer pays for the goods. Therefore, if a company uses cash basis of recording trasactions, when credit sales are made it is impossible to recognize any profit to be obtained from such sales till the time customer pays. In addition, cash basis requires expenses to be first paid then recorded. This means that any expense incurred and not immediately paid ...

School

The movie “Gods and Generals” is set out in the American civil war and its starts with the onset of the war with General Robert E. Lee declining the federal offer to lead the union army and instead choosing to be loyal to his Virginia state and agreeing to lead the local Virginian army into the war. “Gods and Generals” makes a remarkably successful attempt to be historically precise, and most of the events and people in the movie represent history with some remarkable degree of accuracy. However, “Gods and Generals” does make some important omissions of historical events and ...