Reference to another Agreement: Holly Hill Acres, Ltd. v. Charter Bank of Gainesville Creation of Negotiable Instruments is simply the creation of commercial paper that can also be referred to as important money substitutes. Money simply does not work as well as negotiable instruments for the purposes of convenience, safety, record keeping, and extension of credit. There are critical elements in creating a negotiable instrument, one, it must be in writing form, it has to be signed by the maker or the drawer of it, there has to be an unconditional promise order to pay. Moreover, it must state a fixed amount of money, it does not require any undertaking in addition to payment of money, it must be payable at a definite time and lastly, it is payable …show more content…
Investor’s National Security Company A contract is an enforceable promise between parties. The parties to any contract must perform according to the relevant and required standards. This includes substantial performance of the services promised, complete or strict performance and personal satisfaction. Failure to perform as required is a breach, which is a compensable injury. Several defenses exist as a result of contract breach. This may include, statute of limitation, statute of frauds requirement for writing, fraud, mistake done during contract performance, lack of good capacity and unconscious ability. In this case, Five Star Solar Screens Company did not act ethically, this is because, according to business ethics, the service providers should not cheat their clients, Five Star lied to the Mahaffeys that the installation would reduce their heating bill but actually, they much was done due to the defects in the way the installation was done. Moreover, service providers should carry out their tasks efficiently; this is contrary to what Five Star did. Yes, Mahaffeys can successfully assert the defense of breach of contract by Five Star against the enforcement of the note by Mortgage Finance. This is because, the works did not satisfy the clients and the performance was not specific to the note and original …show more content…
In addition, the collateral description was too ambiguous in its language due to use or the word “property” and misleading to creating a security interest in the debtor’s account receivable in favor of the creditor. References: Clarkson, K. W. (2001). West's business law: Text, cases, legal, ethical, international, and e-commerce environment. Cincinnati, Ohio: West Legal Studies in Business. Clarkson, K. W., Miller, R. L. R., & Cross, F. B. (2012). Business law: Text and cases: legal, ethical, global, and corporate environment. Mason, Ohio: South-Western Cengage Learning. Lefstein, N., & American Bar Association. (2011). Securing reasonable caseloads: Ethics and law in public defense. Chicago, Ill: American Bar Association. Miller, R. L. R., Cross, F. B., & Jentz, G. A. (2013). Business law: Alternate edition: text and summarized cases: legal, ethical, global, and e-commerce environment. Mason, Ohio: South-Western Cengage Learning. Speidel, R. E., Summers, R. S., & White, J. J. (1993). Sales and secured transactions: Teaching materials. St. Paul, Minn: West Pub.
Reference to Another Agreement Holly Hill Acres, Ltd. (Holly Hill), purchased land from Rogers and Blythe. As part of its consideration, Holly Hill gave Rogers and Blythe a promissory note and purchase money mortgage. The note read, in part, “This note with interest is secured by a mortgage on real estate made by the maker in favor of said payee. The terms of said mortgage are by reference made a part hereof.” Rogers and Blythe assigned this note and mortgage to Charter Bank of Gainesville (Charter Bank) as security in order to obtain a loan from the bank. Within a few months, Rogers and Blythe defaulted on their obligation to Charter Bank. Charter Bank sued to recover on Holly Hill’s note and
Cheeseman, H. R. (2010). The legal environment of business and online commerce: Business ethics, e-commerce, regulatory, and international issues. (6th ed.) Upper Saddle River, NJ: Pearson Prentice Hall.
Cheeseman, H. R. (2013). Business Law (8th ed.). Retrieved from The University of Phoenix eBook Collection database.
Mallor, J. P., Barnes, A. J., Bowers, T., & Langvardt, A. W. (2013). Business law: The Ethical, Global, and E-commerce Environment (15th ed.). New York: McGraw-Hill.
According to the textbook, ongoing challenges in the global business environment are mostly attributed to unethical business practices, failure to embrace technology advancements, and stiff competition among businesses. Imagine that you have been appointed as Apple’s Chief Compliance Officer and must prepare a video presentation for Apple’s suppliers regarding Apple’s Supplier Code of Conduct to deliver via a web meeting. To prepare for your presentation, review Apple’s Supplier Code of Conduct,
A contract is an agreement between and offeror, and an offeree, that can be enforceable by a court of law or equity (Cheeseman, 2010). A contract consists of the following elements; agreement, consideration, contractual capacity, and lawful object. Understanding each of these elements is of the utmost importance to ensure that each party involved has a good understanding of what is expected from one another.
Principles of personal responsibilities and working in a business environment 201 TC2-1 2 4 32 31/12/2013
There are 6 key terms that the business should be familiar with when entering into secured agreements with consumers (business and personal consumers). They are Secured Transactions, Debtor,
This paper introduced Manuel G. Velasquez and his four ethical precepts in business. These four ethical standards are specifically discussed in Chapter 2 of his book, Business Ethics: Concepts and Cases. These four standards or principles are usually used as a guide for people to considerate in making business decisions, which are the utility, rights, the justice and the care. They are described and explained with examples respectively below to indicate basic principles that people should follow as a member of a group when working for a same goal.
Negotiable instruments are written orders or unconditional promises to pay a fixed sum of money on demand or at a certain time. Promissory notes, bills of exchange, checks, drafts, and certificates of deposit are all examples of negotiable instruments. Negotiable instruments may be transferred from one person to another, who is known as a holder in due course. Upon transfer, also called negotiation of the instrument, the holder in due course obtains full legal title to the instrument. Negotiable instruments may be
Consideration was to be given to the applicability of non-traditional online and offline payment and trade finance methods (such as those offered by PayPal and UPS), open account terms and more stringent, traditional finance methods such as documentary letters of credit.
- Donaldson T., (1989), The Ethics of International Business, The Ruffin Ser ies in Business
Consideration may be some right, interest or benefit going to one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other party.
UN Convention on Contracts for the International Sale of Goods (CISG) is treaty that has unified international sales law and was developed by the United Nations Commission on International Trade Law (UNCITRAL) is also referred as Vienna Convention and it came in to force in January 1988
In the meantime, the core of any ethical code like this must promote the morality task of lawyers, which is “to find ways by people can live, and work together successfully”. This is because, as Fuller observes, people cannot live and work together without some organizing principle, such as rule, system, and order that will resolve conflicts and promote cooperative action. There are four principles ways by which men may achieve the necessary.