Business and Ethics
Student’s Name
Institutional Affiliation
Legal Contracts
A contract is a binding agreement between two businesses that provide a coherent working environment enforceable in a court of law. The following are the elements of a contract that Amy should be aware of while undertaking the contract (Bonner & Marianne, 2017). A contract has based on six elements. The contract must have an offer that all the parties agree to undertake, acceptance, competency, genuine assent, consideration and mutual agreement between the two parties for a robust binding.
The purpose of a contract between firm X and Amy is to enable them to make the fulfilment of their obligation for their benefits. A contract usually plays a vital role in our day to day in business enterprises. The current law does not give room for people to post individual photos on any platform without their consent. Before posting any photos, Amy must ensure all the parties have agreed and have a binding agreement failure which Amy may be charged for impersonation. Mutual agreement is also a fundamental aspect of the contract that must be taken to consideration therefore in the event that Amy decides to post a photo of an individual in her web page without consent then she can be used for violation of the individual right of privacy.
In every business, competency is always vital and should take centre stage for business growth. The two parties have an obligation to have some level of competency in order to safeguard their contract failure, which they can terminate their contract due to in lack of a contract. Consideration and the mutual agreement provides the best ground for the parties to build a level of understanding in the business.
Intellectual Property and Copyright
Every business should have a robust ground of protecting their intellectual properties. The major reason for protecting intellectual property is to ensure that other businesses do not copy your ideas hence protecting your values. Intellectual property is a piece of individual information that should not be used without his consent (Christopher, 2018). For commercial purposes, it is vital to look for one consent. However, for personal use, it may be limited to some regulations (Palmer & Douglas, 2010). Intellectual property and copyright have divergent impacts and applications dictated in the manner in which business operates in many dimensions. One cannot take an individual idea which is licensed without his consent hence creating some moral in business spheres.
In the event that Amy wants to legally use photographs from firm X, she must look contact the firm so that she may have written consent. Social media is a platform that has been used negatively by many people. However, it is against the law for one to post individual photos on social media without their consent. Amy should have a legal binding agreement with firm X before taking their photos to social media failure, which she may be sued for violating the individual right to privacy. Either way, Amy cannot use photos from firm X for commercial or personal use without the company’s approval (Christopher, 2018).
For firm X to legally use photos from Amy, both commercial purpose, there must be a legal binding between form X and Amy. However, Amy cannot as well make the negotiation without taking into consideration the owner of the respective photos. The two parties must have a coherent understanding of writing between the two parties. The six-element of contract must take centre stage in safeguarding the intellectual property and copyright.
Business Applications
There are various business entities globally, such as partnership, Limited Liability Company and corporation.
Partnership
A partnership is a business agreement between two or more business partners to undertake the business operation. The business operations are undertaken, and everything from profit to loss is shared equally. The partnership must register the location of the business with the states (Aaronson, 2011). State have different types of partnership, so it is vital that you note the exact location of the busyness. Partners vary based on their role, such as those working in the business or those who have limited participation, the liability of debts and lawsuit of the business in entirety.
Corporation
A corporation is a type of business operation where the business is described as a separate legal entity. A corporation is governed by a group of an officer called the board of directors. Corporation has the right of every member except the right to vote. Corporations as always given the right by the state issuing the charters (Vagts et al., 2015). In the event that the liberal corporate decide to have a business in another state, it must file for that particular qualification. A corporation is adequately formed with an annual meeting of shareholders and directors. In the event that the corporation is making losses or involved in a lawsuit shareholder can lose their investment and assets.
Limited liability Company
A Limited Liability Company is also known as LLC, a type of business that has both traits of a corporation and a sole proprietorship. A Limited Liability Company is not a separate entity from the owners. The company does not pay taxes, but instead, it is done by the owners. The members of limited liability are immune to personal liabilities hence the name Limited Liability (Section of Business Law2011). For Amy to have a good sense of how a business operates and share the losses with other members, a partnership is the best choice for her. The partnership provides a framework for sharing ideas, and business shortfall; hence may be the best choice for Amy. A sole proprietor a risky business is many aspects; for instance, a sole proprietor is owned by an individual who is responsible for all the losses that the business may make. This makes sole proprietor more dangerous as compared to partnership business (Vagts et al., 2015).
There are a different business and privacy laws that Amy should be aware of before in the event that she wants to hire new staff members (Greenleaf, 2014). For instance, OSHA is a law that requires employers to provide employers with a good working environment with robust safety and health standards. On the other hand, Amy should be aware of the Fair Labor Standards Act (FLSA). This federal law stipulates the minimum wage bill, record keeping, overtime pay, child labour issues and other issues affecting full-time and half time workers in both private, local government and state. However, there are some privacy policies that should govern Amy’s business. Privacy law regulates using and storing personal information either in private and public organizations. Online privacy laws, communication and information, are examples of privacy laws which govern business operations.
Amy and her employees cannot just use photographs taken from business clients. Privacy laws usually protect individual information in many ways. For instance, before Amy decide to take a photo online, she should recall that online privacy policy demand that before you take such action, you should consult the owner on his or her consent (Greenleaf, 2014). Information privacy law and communication policy also require a legal consent of the involved parties before any move is made concerning individual content.
References
Rohland &Lindsay Contracts Interpretation & construction of contracts Legal composition of contracts, 2017. 4p. DOI 125600381
Palmer & Douglas. “Law, Contract.” Berkshire Encyclopedia of World History, edited by William H. McNeill et al., 2nd ed., vol. 4, Berkshire Publishing, 2010, pp. 1514–16.
Christopher Coble, Esq. on April 24, 2018, 1:15 PM Checklist for Licensing Intellectual Property
Christopher Coble, Esq. on May 29, 2018, When to Hire an IP Attorney
Christopher Coble, Esq. on July 20, 2018, 6:57 AM 5 Intellectual Property Tips for Online Businesses
Bonner & Marianne. “What Is a Legal Contract?” The Balance, March 9. 2017, www.thebalance.com/what-is-a-legal-contract-462462. Accessed December 14. 2017.
Aaronson, S. A. (2011). Limited partnership: Business, government, civil society, and the public in the Extractive Industries Transparency Initiative (EITI). Public Administration and Development, 31(1), 50-63.
Vagts, Detlev F., Harold Koh, Willam S. Dodge, and Hannah L. Buxbaum. Transnational business problems. West Academic, 2015.
Revised Prototype Limited Liability Company Act Editorial Board, LLCs, Partnerships and Unincorporated Entities Committee, ABA Section of Business Law. (2011). Revised Prototype Limited Liability Company Act. The Business Lawyer, 117-225.
Greenleaf, G. (2014). Sheherezade and the 101 data privacy laws: Origins, significance and global trajectories. JL Inf. & Sci., 23, 4.
Student’s Name
Institutional Affiliation
Legal Contracts
A contract is a binding agreement between two businesses that provide a coherent working environment enforceable in a court of law. The following are the elements of a contract that Amy should be aware of while undertaking the contract (Bonner & Marianne, 2017). A contract has based on six elements. The contract must have an offer that all the parties agree to undertake, acceptance, competency, genuine assent, consideration and mutual agreement between the two parties for a robust binding.
The purpose of a contract between firm X and Amy is to enable them to make the fulfilment of their obligation for their benefits. A contract usually plays a vital role in our day to day in business enterprises. The current law does not give room for people to post individual photos on any platform without their consent. Before posting any photos, Amy must ensure all the parties have agreed and have a binding agreement failure which Amy may be charged for impersonation. Mutual agreement is also a fundamental aspect of the contract that must be taken to consideration therefore in the event that Amy decides to post a photo of an individual in her web page without consent then she can be used for violation of the individual right of privacy.
In every business, competency is always vital and should take centre stage for business growth. The two parties have an obligation to have some level of competency in order to safeguard their contract failure, which they can terminate their contract due to in lack of a contract. Consideration and the mutual agreement provides the best ground for the parties to build a level of understanding in the business.
Intellectual Property and Copyright
Every business should have a robust ground of protecting their intellectual properties. The major reason for protecting intellectual property is to ensure that other businesses do not copy your ideas hence protecting your values. Intellectual property is a piece of individual information that should not be used without his consent (Christopher, 2018). For commercial purposes, it is vital to look for one consent. However, for personal use, it may be limited to some regulations (Palmer & Douglas, 2010). Intellectual property and copyright have divergent impacts and applications dictated in the manner in which business operates in many dimensions. One cannot take an individual idea which is licensed without his consent hence creating some moral in business spheres.
In the event that Amy wants to legally use photographs from firm X, she must look contact the firm so that she may have written consent. Social media is a platform that has been used negatively by many people. However, it is against the law for one to post individual photos on social media without their consent. Amy should have a legal binding agreement with firm X before taking their photos to social media failure, which she may be sued for violating the individual right to privacy. Either way, Amy cannot use photos from firm X for commercial or personal use without the company’s approval (Christopher, 2018).
For firm X to legally use photos from Amy, both commercial purpose, there must be a legal binding between form X and Amy. However, Amy cannot as well make the negotiation without taking into consideration the owner of the respective photos. The two parties must have a coherent understanding of writing between the two parties. The six-element of contract must take centre stage in safeguarding the intellectual property and copyright.
Business Applications
There are various business entities globally, such as partnership, Limited Liability Company and corporation.
Partnership
A partnership is a business agreement between two or more business partners to undertake the business operation. The business operations are undertaken, and everything from profit to loss is shared equally. The partnership must register the location of the business with the states (Aaronson, 2011). State have different types of partnership, so it is vital that you note the exact location of the busyness. Partners vary based on their role, such as those working in the business or those who have limited participation, the liability of debts and lawsuit of the business in entirety.
Corporation
A corporation is a type of business operation where the business is described as a separate legal entity. A corporation is governed by a group of an officer called the board of directors. Corporation has the right of every member except the right to vote. Corporations as always given the right by the state issuing the charters (Vagts et al., 2015). In the event that the liberal corporate decide to have a business in another state, it must file for that particular qualification. A corporation is adequately formed with an annual meeting of shareholders and directors. In the event that the corporation is making losses or involved in a lawsuit shareholder can lose their investment and assets.
Limited liability Company
A Limited Liability Company is also known as LLC, a type of business that has both traits of a corporation and a sole proprietorship. A Limited Liability Company is not a separate entity from the owners. The company does not pay taxes, but instead, it is done by the owners. The members of limited liability are immune to personal liabilities hence the name Limited Liability (Section of Business Law2011). For Amy to have a good sense of how a business operates and share the losses with other members, a partnership is the best choice for her. The partnership provides a framework for sharing ideas, and business shortfall; hence may be the best choice for Amy. A sole proprietor a risky business is many aspects; for instance, a sole proprietor is owned by an individual who is responsible for all the losses that the business may make. This makes sole proprietor more dangerous as compared to partnership business (Vagts et al., 2015).
There are a different business and privacy laws that Amy should be aware of before in the event that she wants to hire new staff members (Greenleaf, 2014). For instance, OSHA is a law that requires employers to provide employers with a good working environment with robust safety and health standards. On the other hand, Amy should be aware of the Fair Labor Standards Act (FLSA). This federal law stipulates the minimum wage bill, record keeping, overtime pay, child labour issues and other issues affecting full-time and half time workers in both private, local government and state. However, there are some privacy policies that should govern Amy’s business. Privacy law regulates using and storing personal information either in private and public organizations. Online privacy laws, communication and information, are examples of privacy laws which govern business operations.
Amy and her employees cannot just use photographs taken from business clients. Privacy laws usually protect individual information in many ways. For instance, before Amy decide to take a photo online, she should recall that online privacy policy demand that before you take such action, you should consult the owner on his or her consent (Greenleaf, 2014). Information privacy law and communication policy also require a legal consent of the involved parties before any move is made concerning individual content.
References
Rohland &Lindsay Contracts Interpretation & construction of contracts Legal composition of contracts, 2017. 4p. DOI 125600381
Palmer & Douglas. “Law, Contract.” Berkshire Encyclopedia of World History, edited by William H. McNeill et al., 2nd ed., vol. 4, Berkshire Publishing, 2010, pp. 1514–16.
Christopher Coble, Esq. on April 24, 2018, 1:15 PM Checklist for Licensing Intellectual Property
Christopher Coble, Esq. on May 29, 2018, When to Hire an IP Attorney
Christopher Coble, Esq. on July 20, 2018, 6:57 AM 5 Intellectual Property Tips for Online Businesses
Bonner & Marianne. “What Is a Legal Contract?” The Balance, March 9. 2017, www.thebalance.com/what-is-a-legal-contract-462462. Accessed December 14. 2017.
Aaronson, S. A. (2011). Limited partnership: Business, government, civil society, and the public in the Extractive Industries Transparency Initiative (EITI). Public Administration and Development, 31(1), 50-63.
Vagts, Detlev F., Harold Koh, Willam S. Dodge, and Hannah L. Buxbaum. Transnational business problems. West Academic, 2015.
Revised Prototype Limited Liability Company Act Editorial Board, LLCs, Partnerships and Unincorporated Entities Committee, ABA Section of Business Law. (2011). Revised Prototype Limited Liability Company Act. The Business Lawyer, 117-225.
Greenleaf, G. (2014). Sheherezade and the 101 data privacy laws: Origins, significance and global trajectories. JL Inf. & Sci., 23, 4.