Legal Relationship with Powers and its Legal Issues and Implications Essay

Legal Relationship with Powers and its Legal Issues and Implications - Essay Example In my opinion, the relationship is not a limited partnership as Powers played an active role in the management of the computer business. In Ontario, limited liability partnerships can only be used for carrying on a profession, where statute permits. Examples include lawyers and accountants (Shani, 5). The relationship between Lawrence and Powers is thus not a limited liability partnership as they are not in a profession such as doctors and lawyers but rather entrepreneurs in the copier and computer renting business. A partnership is a relation that subsists between persons-individuals or corporations-carrying on a business in common with a view to profit (Shani, 2). A partnership can be a formal relationship (that is, express partnership agreement) or an informal relationship. The court may hold that the relationship is a partnership even if the parties don't realize they are in a partnership (deemed partnership) (Shani, 3). But the receipt of such a share or payment, contingent on or varying with the profits of a business, does not of itself make the person a partner in the business, and in particular, a contract for the remuneration of a servant or agent or a person engaged in a business by a share of the profits of the business does not of itself make the servant or agent a partner in the business or liable as such (Shani, 8). Lawrence told Powers, "If you will agree to operate the new computers, I can pay you more by sharing the profits from that branch of our new business with you." Powers agreed. Hence, there is a relationship that subsists between Lawrence and Powers to carry on the personal computers renting business with a view to profit. However, more information is needed as to whether there is an employment contract between Lawrence and Powers that makes him a servant or an agent. The relationship between Lawrence and Powers for the personal computer renting branch of the business is assumed to be a partnership since there was no mention of contract by Lawrence. Even if Powers is not aware that his relationship with Lawrence is a partnership, the court may construe otherwise. Where there is no partnership agreement, the partnership is governed by the Partnerships Act (Shani, 5). The Partnership Act sets out the fiduciary duty of partners. No partner is allowed to incur secret benefits - that is, each partner must account for all benefits received by him/her personally from any transaction arising from the use of the partnership's name, property or business connections - if he/she fails to get permission of his/her partners beforehand, the benefit then belongs to the partnership (Shani, 6). Applying the law to the case, Powers purchases the computers from Intelli Inc., an office equipment and supply company of which shares are held by Hugh Powers mother and father. Powers has incurred secret benefits because the purchase price of the computers entered into by Powers was at the manufacturers suggested retail price and did not reflect any form of volume discount, even though volume discounts were routinely given by

Urban Legends Essay Example | Topics and Well Written Essays - 250 words

Urban Legends - Essay Example The lady of the house heartily denied that she had anything to do with the camera being lost, claiming her husband slipped and tossed the camera in to the Loch of his own accord. The issue was still unresolved at press time. The local sheriff’s office along with the fire department has issued an advisory - be extremely careful of what is put down drains and garbage disposals, as increasing reports are coming in of alligators coming out of the sewers. â€Å"I was just walking along Main Street, and there†¦he†¦she†¦it†¦was†, gasped 89 year old lifelong resident Gladys Pichers. Ms. Pichers, a longtime member of the local community, claims that she saw a six-foot alligator crawl out of the sewers. The sheriff’s department, though they were reluctant at first, soon received three more telephone calls about the problem of the reptilian sewer infestation. One woman, who spoke on condition of anonymity, has told the Outcry that she was accosted by an 8-foot alligator across town. Whether both women saw the same alligator or not was unclear as of press time. It is also unclear as to whether or not the alligators were local residents to begin with, or have travelled many miles to join us in our local community. While camping in the forests surrounding Mt. Ranier in Washington State, a local high school student has sworn in a signed affidavit to have seen Bigfoot roaming around in the woods as well. â€Å"He was, um†¦tall,† the student recalled, when pressed for details on the subject. â€Å"And kinda hairy†¦Ã¢â‚¬  Further details will appear tonight on the six o’clock news, when the teen, along with his parents and his lawyer, as well as members of the sheriff’s department, will make a statement and reveal pictures that the teen took while on his expedition. No further searches are expected to take place from law enforcement for the ‘tall, kinda hairy’ Bigfoot. Phone