Hong Kong Business Law Assignment

Hong Kong Business Law Assignment 1 1. Zoe wants to sue the retailer to claim back property damage of $22,000. The consumer claim to sue the retailer of HK$22,000 is a minor monetary claim. The Smalls Claims Tribunal was set up to deal with monetary claims involving amounts not exceeding HK$50,000. It is an inferior court which provides a quick , inexpensive and informal method of adjudicating disputes relating to minor monetary claim. Legal representation is not allowed.It is most feasible for Zoe to claim back the HK$22,000 with minimal litigation costs. 2. Possess 0. 05 gram ketamine is categorized as a summary offence. Legal actions for summary offences can be heard in the Magistracy. The Magistracy was set up to exercise criminal jurisdiction over a wide range of indictable and summary offences meriting up to 2 years' imprisonment and a fine of $100,000. Magistrate can also issue warrants, bind a person over to keep the peace and a grant bail. 3. Annie will bring an action under the tort law.Tort law concerns with claims for property damage and personal injuries directly arising out of breaches of a duty of care owed by one individual to another. Tort law provides compensation for both injury to the person and property, causing pure economic loss and for injury. The District Court has limited jurisdiction in both civil and criminal matters. It has civil jurisdiction to hear monetary claims from $ 50,001 and up to $ 1 million. The common types of civil action that the District Court deals with are claims for breach of contract and tort claims.Legal actions for tort claims can be heard in the district court. As Annie wants to claim for claim compensation of HK $85,000, the amount is within the civil jurisdiction of the District Court. Annie can apply to the District Court and a judge will determine whether or not Annie's case will succeed. 4. Bonnie Li can apply to the Labour Tribunal for the unreasonable dismissal by Asia Construction Materials Ltd. Labour Tribunal was set up to provide a quick, inexpensive and informal method of setting disputes between employees and employers. Legal representation is not allowed.It deals with claims arising from the breach of a term of a contract of employment including employment protection. An employee may claim for remedies against an employer under situation of unreasonable dismissal. It is most feasible for Bonnie Li to recover salary in lieu of notice, relevant accrued fringe benefits owed by the employer and other associated compensation with minimal litigation costs. 5. Henry can apply to the Court of First Instance of the High Court for a legal action for judicial review of the decision of the Legislative Council.Constitutional Law are rules which effect distribution and exercise of power and relate to legislature, the executive institutions and the judiciary. Under the Basic Law, legislative council of HKSAR is deemed in law as â€Å"legislature of the Region†. Because the Court of First Instance can exercise supervisory jurisdictions. Supervisory jurisdiction is exercised over inferior courts, tribunals, administrative authorities or public bodies acting judicially through applications for judicial review procedure by the alleged aggravated party. A judge will determine whether or not Henry's case will succeed.

Human Resources in South Korea Essay Example | Topics and Well Written Essays - 1000 words

Human Resources in South Korea - Essay Example (Zimmermann and Sparrow, 2008) To start, operate and close a business is well protected by South Korea's regulatory environment. Starting a business takes an average of 17 days compared to the world's average of 43 days. Obtaining a license will take less than the world's average of 19 procedures and 234 days. Closing a business is also easy. (Hesketh and Fleetwood, 2006) The investment climate is increasingly open. The government offers incentives such as cash grants and zero-corporate tax zones; has a one-stop-shop for foreign investments; and assigns an official to facilitate each project. Residents and non-residents may have foreign exchange rate accounts. (Hesketh and Fleetwood, 2006) Trade, fiscal and labour freedoms are relatively weak. Monetary score is hurt by government subsidies of several sectors. Non-tariff barriers are very common. The labour market remains rigid despite the government's effort to enhance market flexibility in recent years. There are burdensome employment regulations that hinder employment opportunities and productivity growth. The non-salary cost of employing a worker is low, but dismissing a redundant employee is costly. The high cost of laying off a worker creates a risk aversion for companies that would otherwise hire more people and grow. Regulations related to the number of work hours are not flexible. (Zimmermann and Sparrow, 2008) The... For outsiders language barriers and tight social or business circles make the Korean labour market difficult to enter. Business relationships have traditionally been built upon personal ties and valuable introductions. The South Korea labour laws are mentioned below: Foreign workers: pursuant to the immigration control act, professional or skilled foreigners can be employed in Korea after being issued with visas; in other particular occupations which include the hospitality and hotel industry (E-7) visa is issued. (Hesketh and Fleetwood, 2006) General procedures: the parties concerned sign an employment contract. A related minister makes a recommendation. The minister of Justice issues a visa issuance certificate. (Hesketh and Fleetwood, 2006) Working standards and welfare: the labour standards act, which stipulates minimum working standards for workers, covers all employees. However, some provisions (relating to employment contracts, restrictions on dismissal, working hours, leave, etc.) are not applied to work places with four workers or less given economic conditions and administrative capacity. (Hesketh and Fleetwood, 2006) Restrictions on dismissal: employers cannot dismiss employees without justifiable causes. If dismissed without justifiable causes, an employee can apply for redress to a labour relations commission. Employers may be subject to punishment for unjustifiable dismissal. If an employer is to dismiss a worker, he or she should meet strict conditions and procedures. First, the employer should have urgent managerial reasons, make every effort to avoid such dismissals, select those to be dismissed by rational and fair standards and sincerely consult with the trade union or workers' representatives in advance. Even when an

Look at the directions I uploaded Term Paper Example | Topics and Well Written Essays - 1750 words

Look at the directions I uploaded - Term Paper Example A manager would be effective in his respective roles when he understand the strategic, technical and operational responsibilities he holds within the workplace (â€Å"Henry Mintzberg’s Managerial,† n.d.). What are specific roles this first category consists? These set of roles are associated on how a manager will interact to his employees and the entire workforce in general. These are the first three roles out of the 10 roles of management by Henry Mintzberg – figurehead, leader and liaison (Burgaz, 1997, p. 15). The first is a symbolic head. A manager is expected to perform routine duties legally and socially. He is like a father. The father is the head of the family. He is expected to initiate actions for the welfare of his family. In the same manner, if the organization needs resources to complete certain projects, he would initiate actions to provide these resources to ensure productivity. In a social gathering within the organization, a manager may send soli citation letter to sister companies and other organizations requesting them to participate and donate to the said event. He is also the leader of the workforce, which is the second crucial role of a manager. Mr. A, for example, is responsible to motivate his employees. He is responsible to initiate and conduct training to enhance the skills of his subordinates. He is also in charge to fill vacant positions and activate the workforce to perform the tasks and duties as defined in their respective job descriptions. As a leader, he must learn how to follow the rules and protocols of the company or organization. As a leader, he must portray the right attitude in the workforce to become an ideal person and to strengthen his authority with his employees. Authority is not enough for a manager to become effective with his roles – he needs respect and he must learn to gain it from his employees. Mr. A. acts as the liaison officer – that is the manager’s third role. He sha ll facilitate communications between organizations (â€Å"Roles and Responsibilities†, 2012). He maintains a self-developed contact to the outsiders and other companies for the benefit of the organization (Burgaz, 1997, p. 15). Mr. A. needs to know the news outside which can affect his operation and decision-making factors. These outside contacts are expected to provide favors and important data to help him activate the workforce efficiently. In order to build a self-developed network between outsiders, he needs to build a strong relationship to these outside parties for them to entrust him with unbiased details. What are informational roles? Mr. A. is expected to monitor, disseminate and transmit information for the benefit of the entire organization. He seeks and receives different information that would help him develop an effective techniques and strategies to make the entire workforce productive. Mr. A. would monitor his subordinates’ performance and measures it p roductivity. He must exert extra effort to gather information from the outside – e.g. examining the competitors techniques. Most of the times, people reinvent ideas rather than building something from scratch. Competitors are spending millions of cash to enhance their management techniques and approaches – a wise manager can make use of these data and information as important resources to develop an approach suited for his management. Disseminating information to the organization is

Individualism and Community Dissertation Example | Topics and Well Written Essays - 1250 words

Individualism and Community - Dissertation Example The period before 1900 was characterized by an element of self-reliance. This probably because of the people involved in writing that time; the majority of the writers during this period were men. As a result of this, it is evident that most writings of the period were influenced by gender. For instance, Emerson asserts that his writing is all about himself and not what he has heard about other men (1873). In relation to his assertion, it is apparent that egotism of men influenced their ideas in writing. To emphasize the point of self-reliance, Emerson expounds on how the words of one of the painters of that period made him realize the essence of believing in oneself thought and what is in one’s heart (Emerson 1163). In relation to his assertion, one can deduce that self-reliance was a virtue of the majority of the men in the period before 1900. Decision-making was not influenced by outside forces; men believed in themselves in making decisions. The art of that period also enc ourages people to abide by their â€Å"spontaneous impression with good-humored inflexibility† (Emerson 1163). In relation to individualism, men emphasized on trusting oneself and the environment in which one resided. For instance, Emerson claims that great men worked through their hands, and as a result of this, he advocates the independence of solitude. Majority of the misunderstandings in the society were as a result of men’s individualism in making decisions. According to the writing by Emerson (1168), men trusted their emotion.

Business Policy - British Airways Case Study Example | Topics and Well Written Essays - 7000 words

Business Policy - British Airways - Case Study Example According to the International Air Transport Association, the industry lost up to $8 billion in 2008 which is even greater than what was forecasted previously. The report uses a PESTEL analysis (See PESTEL Analysis: Appendix D) to scan the external environmental structure of the company. The business cycle of British Airways includes several parameters. This is due to the fact that airline industry is characterized by longer business cycle resulting from the lower profitability and for the lower shareholder returns. (Liehr, Nd, page 1). The marketing environment is constantly changing and with every change in the last few years airlines industry is being affected. The demand for the airline industry is highly income elastic. (â€Å"An analysis of British Airways Marketing Environment†, 2008) Thus the rise in the fuel prices last year and recent economic turmoil has affected the airlines industry in huge way as the passengers are avoiding more expensive air travels. According t o a report by Air Transport association of America, the revenue generated from passenger travels for all airlines fell by 19 % during the month of February, 2009 when compared to February 2008. This is the forth consecutive month where loss is being recorded. The business sector, hit badly by the economic crisis are cutting back on their airline trips. British airways having ten flights operating daily between London and New York is among the worst hit. (â€Å"Lucrative Business class air travel hit by crisis†, 2009) The company saw a decline in 8.6 percent in premium traffic and 4.1 percent in non premium. (â€Å"Lucrative Business class air travel hit by crisis†, 2009)   Also there are other factors which are directly affecting the industry. The events like terrorist attacks in the recent past closely linked with the airplanes may be considered as an external factor affecting air traveling. This assumption is based on the fact that these events lead to the introduc tion of strict security norms and regulation from the EU and US, affecting from summer 2006 resulting in a fall of customer traveling confidence.(â€Å"An analysis of British Airways Marketing Environment†, 2008). The intervention of Government rules and regulation were present in the areas of controlling the place of flight, the pricing policy etc. Also there are restrictions in the number and types of baggage that they carry, which ultimately is becoming the restriction on the part of the customers.

Basic Rules of Offer, Acceptance, and Invitation to Treat Assignment

Basic Rules of Offer, Acceptance, and Invitation to Treat - Assignment Example Owing to a massive order from the British School of Motoring, Vauxhall Motors had exhausted its supply of Vectras. Nevertheless, the Sales Manager e-mailed Peter on October 8th in the following terms: "I am delighted to accept your order. You can collect your Vectra, as specified, in the week commencing November 6th. Please go to your nearest Vauxhall showroom. Is this arrangement acceptable to you?† Peter immediately posted a letter to the Sales Manager which stated: â€Å"Great. I look forward to taking delivery in the very near future†. However, later that afternoon, Peter decided that he must have a new car immediately. He, therefore, telephoned the Sales Manager in order to cancel his order. The Sales Manager had already gone home so Peter left a recorded message on an answering machine which the Manager listened to the following morning. By this time Peter’s acceptance letter had arrived but remained unopened on the Sales Manager’s desk.The question t o be decided in the light of the facts of the case and the principles of contract law is that Is there a binding agreement between the two parties? This question pertains to the basic tenets of the contract law i.e. Offer, Acceptance and the acceptance of the offer, revocation of the offer and the modes of acceptance etc. In simple terms â€Å"An agreement enforceable by law is a contract† and â€Å"Every promise and every set of promises forming the consideration for each other is an agreement† In an agreement there is promise from both the sides and if we talk about ‘Promise’, it can be defined as â€Å"When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise† Thus when there is a proposal from one side and the acceptance of that proposal by the other side, it results in a promise. This promise from the two parties to one another is known as an agre ement. Also, all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object and are not hereby expressly declared to be void.

The Role of IMF in providing assistanse to countries to overcome their Assignment

The Role of IMF in providing assistanse to countries to overcome their economic problems - Assignment Example The study aims to explain the procedure based on which IMF contributes towards the development of economic conditions of several countries. Also main functions of the IMF is under consideration. IMF is an international organisation that has been established in the year 1944. The organisation is headquartered in Washington D.C., United States. The organisation has been a significant consideration for developing the global financial condition. After the establishment of IMF, the condition of world economy has dramatically changed. To operate the global financial development, IMF has introduced few improvements in its policies for managing the needs in terms of balance of payment. IMF has been developed with the aim of managing macroeconomic factors and to implement structural policies for every poor, rich and middle-income member nations. In this context, the mission of the organisation has been to monitor and manage economic trend that prevails in the global economy The IMF provides necessary policies, advice and financing to member countries of the organization. IMF is an international organisation that has been dealing with global financial or money market. The function of IMF has been helpful in supporting the member countries of IMF. It enables the availability of resources and develops a fund including general resources for low-income countries. IMF has made a complete contribution towards the development of the global economy. IMF has achieved certain success in providing financial support to the member countries.