Law of business association.Understanding company law Case Study

Law of business association.Understanding company law - Case Study Example This means that this partnership agreement will be in line with the partnership act of businesses operating in Australia. Further, they inform the solicitor that they are equal partners Partnership Act 1963 (ACT, section 6(1). John and Jenny are in partnership as the formation of a partnership requires a written or verbal agreement. This two people have a written agreement of partnership prepared by their solicitor. They open a joint account in which they use for the business transaction. This is not a requirement of a partnership. However, for the success of the business it is necessary to have a business account. A partnership is not a legal entity thus a business account will have to be a joint account of the members (Bentley v Craven (1853) 18 Beav 75; 52 ER 29). After a partnership formation, there are legal consequences. The liability of the partner is unlimited. This means that, in the case of Jenny and John they are responsible for the business debts. The recovery of business debts wills extend to the personal properties of the two partners. This will happen in the event that shares in the business are inadequate to cover business liabilities. This partnership between Jenny and John, it is jenny who involves in the day to day running of the business. Therefore, Jenny works as a general partner while John operates as a dormant partner. The two partners meet regularly to discuss the progress of the business. This means that John is aware of how the business if fairing on though he is not an active participant in its operation. John as a partner in this business is liable for the decisions that Jenny makes on a daily basis. If the business, incurs loses or profits the two partners will share them equally. The two partners have been sharing the proceeds of the business from time to time on an equal basis. They share the profits equally though Jenny works full time in the business and does not receive a salary while John works irregularly on weekends. This business is failing in its operation. In addition, the relationships between the two partners deteriorate. They decide to dissolve the business, and ask their solicitor to terminate the partnership. However, the two partners continue to operate the business much the same way as before dissolution. In effect, this implies that the partnership has not been dissolved. This is because, for a partnership to be dissolve the partners withdraw their shares and the business operation ceases (Lipton et al., 2012). Alternatively, the partners sell their shares and t he business continues to operate, but as a new partnership. John had ordered for fixture and fitting for use in the business, in his own name but did not make payment for them. This he did in anticipation of the start of the business. The fixture and fitting have been in use, in this partnership business. John wants Jenny to participate in payment of this debt. Jenny declines, saying she has been working for the partnership without payment and that John should settle the debt (Lipton et al., 2012). Legally John and Jenny are in a partnership though they assume that they have dissolved. Accordingly then, they are both liable to make payment for this debt though its acquisition is in the name of John. This is because the fittings and furniture acquisition was for business purpose. The partnership act stipulates that debts incurred by a partner even without the knowledge of the other partner are the responsibility of all partners. Therefore, Jenny as a partner in business with John can be sued individually for this debt Partnership Act

Privacy Issue Problems for Emailing, AIM and MSN Essay

Privacy Issue Problems for Emailing, AIM and MSN - Essay Example This resulted into people having second thoughts of joining or subscribing to such services to receive the services of the company; Google. However, when the issues were resolved, business was good for a while before things got out of hand again later, on when they released Google Plus. Google buzz is embedded into the emailing services provider that Google gives its users. It runs in Gmail emailing services program. Google’s Buzz was not well designed; as a result, there were many loopholes in its design (Choney 1). For instance, it allowed people to share almost everything. In addition to this, anybody who has sent you email can see anything you post using the service or product from Google. This happened only a couple of days after they had released the product and they had to act fast to minimize the damage that could have erupted if the problems were not fixed. There many different people eager and very interested in people’s online conversations, both voice, chat via IM, and in the emails. Providers of broadband services and those of IM services also are eavesdropping and peeking into their customer’s conversation. In other words, the privacy problem as far as Instant Messaging is concerned is a major issue. Instant messaging is gaining popularity at a very high rate as the best form of communication (Spring 1). Many home users like using the different tools of instant messaging but again, most of them are not aware of the privacy issues associated with them. This results in situations that can embarrass people like having too much personal information on the internet that may land in the wrong hands and results to a lot of harm. As much as it is a popular mode of communication among home users, it is slowly gaining its way into the business sector. The companies may not make it legal to use the processes and resources of the company; however, individual users are installing the instant messaging tools on to the machines they use at p laces work. Although, instant messaging is a good and convenient way to communicate, there are privacy issues that arise because of using these tools (Sans 1). However, not all Instant messaging solutions have the same level of privacy issues neither does all offer the same security or privacy. The main question as far as the IM and emails privacy issue is concerned is whether these services are able to protect users against eavesdropping. While emails can only allow one user to be able to communicate with another and even several others people whether the recipient of the message is online or is not online, instant messaging is a little different. It can be used to communicate with people who mainly are online and connected to the internet. Emails can be hacked into, and the identity of the account holders can be compromised. In the process, valuable information can be stolen for malicious purposes. The mail sent or received is kept on the server just in case the user cannot access the ones on the web site of the company. The email can only be received when the email is retrieved from the mail server. The email can receive and include such things as links to URL’s, attachment files centre. Instant messaging allows for real time communicators. Instant messaging is plagued by so many privacy issues. Some of the problems include the fact that these tools let the world