1) Syngenta Turn-down Monsanto’s Offer Syngenta AG is a Swiss agribusiness giant, which produces pesticides and seeds. The company’s current market value is $31 billion (computed by using market cap and share price as of Aug 2015). Syngenta AG refused the $47 billion offer from Monsanto Co (world’s largest seed company) in the interest of its stakeholders (shareholders, society, investors, and employees). Syngenta chairman argued that Monsanto undervalued the company and stated that Monsanto proposed inadequate sum of $2 billion as antitrust countermeasure. Also, he mentioned that the acquisition would impose problems in vertical integration of companies. There are some skeptical assumptions about …show more content…
the acquisition that may lead to changes in the board of directors, increase in unemployment, relocation of assets, etc. Monsanto highly criticized Syngenta’s reasons for not accepting the offer and for not letting Monsanto to engage in due diligence with the regulators. Nevertheless, Syngenta agreed to conduct board election at its annual shareholder meeting in April 2016. But, most of the shareholders of Syngenta hold “American depository receipts (ADR)” which are virtual shares and the actual shares are held by the company. Since the shareholders do not hold actual shares, they are not allowed to vote during the annual elections. However, shareholders can sue the board of directors under “shareholder derivative action” if the decisions are not taken in the interest of the entire company. Even after rejecting the offer, Syngenta is confident to deliver its best as it has a new product in the pipeline which would boost the revenues by $3.6 billion. The company has its long term strategies to increase its sale from $15 billion to $25 billion. However, some shareholder questioned Syngenta’s capability to recover the lost fortune whereas there are others, who believe that the company should focus on new ways to increase its revenues and regaining its declining market share. Despite the decline of Monsanto’s offer, Syngenta is confident to grow its business. 5) Citizenship Rules and Traditions Citizenship is a legal status that entails legal right such as voting right and benefits. In the United States, a child born within the jurisdiction of U.S. is entitled as an American citizen, regardless of the citizenship of the parents. For example, a child born in U.S. to an F-1 visa holder, is a citizen of U.S. Also, a child born abroad is a U.S. citizen if one of the parents of the child is an American citizen. Most countries do not allow dual citizenship but U.S. recognizes it in certain circumstances. A child born with a “birthright U.S. citizenship” to alien parents will not be asked to renounce one of its citizenships. There are certain citizenship requirements to contest as president. The person who is contesting must be natural born U.S. citizen and should have resided in the U.S. for 14 years. In this context, natural born citizen means that the person who is a U.S. citizen and does not require naturalization process to become a U.S. citizen, regardless of the birth place. For instance, President Obama was born in Hawaii to American citizen and yet qualifies the requirements of Presidency. These days there has been a debate on deportation of immigrants and birthright citizenship of a child born to foreign nationalities in the U.S. However, critics believe that according to the fourteenth Amendment (Jus Soli) of the constitution, a principle born within the territory (where U.S. law is applicable) is entitled to U.S. citizenship, regardless of the parent’s nationality. In comparison to U.S. law, German law is different. German citizenship law states that if one of the parents lived in the country for eight years or father of the child is German, then the child born in Germany is entitled to citizenship. Germany has certain rules for dual citizenship. A child born to a German and an American parents can keep his dual citizenship. But, a child born to two American parents in Germany, should renounce one of the citizenship before the child turns 23 years. Also, there is a provision that if a person has a German ancestor then he/she has a right to return to Germany. In conclusion, every country has its own rules and regulation in regard to nationality. 7) Legal and Federal Laws and Terms Encroachment Law: A landowner has a right to prevent the nuisance, which is adversely affecting his/her property by any means of encroachment from adjoining neighbor.
A landowner has a right to file a case against encroachment of property. For example, if a person X parks his/ her car in the parking lot of person Y then person Y can file a case against person X under the encroachment law. There are many reason for encroachment such as inaccurate survey, no boundaries, etc. Adverse Possession Law: If the trespasser continues to hold a property for 20 years under his/ her possession, then the right to ownership of that property is transferred to trespasser. It can be prevented only if the actual owner claims for the ownership rights within 20 years’ timeframe. This law varies in different states. Pennsylvania has more stringent rules for adverse possession of property. Quit Claim Deed: It is a legal instrument used to transfer ownership right of the property from one person to another. This type of deed doesn’t carry any warranty. It is mostly used while giving away all the interests in the property to a well-known persons such as family
members. Warranty Deed: This deed is used for selling the property. Under this agreement the seller has a right to sell goods/property and the buyer has a right to claim for those goods/property. In this agreement, seller clearly gives away the ownership rights in exchange of liquid asset such as cash. Easement Right: It is the right granted by the owner to use the property for a specific purpose such as drawing cable lines, using of spring water, right to uses alleyways etc. Under this right, one party may gain access to other private owner’s land without obtaining the title. Future Contracts: It is a type of agreement in which the commodities are sold in the future at pre-determined prices and payments (in cash) are settled in the future. For example, the Chicago Board of Trade (CBOT), exports corn to China at $3.84 per bushel for March 2016, which means CBOT will receive payment after the commodities are delivered to China. Equal Protection: This law is a part of fourteenth amendment of constitution. It states that law should be applied equally to everyone. For example: In Oklahoma, drinking age for man is 21 and woman is 18. It was challenged by a company named Curtis Craig under equal protection clause. The Supreme Court declared that classification of drinking age in Oklahoma Statute is unconstitutional because statistics were not sufficient to show benefits of such classification of age and gender. Under equal protection law, immigrant or alien members, have an equal protection right without any discrimination. 4) Dow Jones Dow Jones industrial average (DJIA) is a stock market index. It began with the stocks of 12 companies on 26 May 1896. Now, it has 30 blue chip companies. DJIA consist of 20.4% industrial sector, 10.92 % oil and gas sector, etc. On 24 October 1929, there was a devastating stock market crash, which affected industries until 1930s. U.S. economy was highly affected by the crash resulting in 38% stock price drop. U.S. economy slowly recovered after World War-II. By the end of 1954 the economy was in full swing. After the recovery from great depression (1932), the global economy faced an ultra-day in October 1987 which led DJIA stock price to drop by 22% (started with 2,700 and closed with 1,600). Later US economy began to grow rapidly, with DJIA peaking to 2,700 points by July 1989. Until financial crisis (2007-2008), the global economy was in growing rapidly due to industrial revolution and globalization. It all started when the real-estate bubble broke and the Lehman Brothers collapsed. At the beginning of the crisis, DJIA was at 14,000 points in July’07. The U.S. economy was in recession and DJIA was trading below 11,000 until 2009. In March’09, the stock price dropped by 60% to 6,500. By the end of 2013, US economy improved and DJIA reached to 14,000 points. In spite of the optimistic outlook on global economy, on 24 August 2015, the DJIA index dropped sharply from 17155 to 16385 points by end of the day. Also, Dow industries ended up with 588.40 point which is recorded as the lowest in 18 months. Due to this drop, shareholders were worried about the losses. To promote sales and protect the investors, stop-loss order was initiated when the stock price reached certain level. Financial advisors encourage investors to invest in companies with fallen stocks. Along with this dramatic meltdown, China’s slow moving economy (world second largest economy) posed a threat to stock market. China’s decision to devalue its currency to protect its economy created a shockwave across the market. The Chinese central bank is taking different steps to increase the liquid funds in the falling economy.
...y within the United States and personal property used predominantly outside the United States are not property of a like kind.
Monsanto scrutinizes neighboring farms, practicing their right to enforce their patent and contract. What they take into account and chose to ignore is that their genetic product is natural and cannot be controlled completely. Monsanto’s patent allows them to prosecute neighboring farms for any concentration of their patented genetic code in their crops, regardless of whether a farmer knowingly involved themselves in infringement or was the victim of natural pollination. Barlett and Steele cite the increasing number of legal cases and settlements as means of pressuring contracted farmers to follow procedure and of allegedly pressuring uncontracted farmers to sign with Monsanto to avoid
in which property is owned by the state or group, to be shared in common
as to how it is an effort to continue owning 200 acres of it, in the
A trespasser is someone who does not have a land-owner 's express or implied permission to be on his or her property. Generally, a landowner does not owe a duty to trespassers; however, there are some exceptions to this rule. Children, for example, are an exception to this rule. A land-owner owes a duty warn of dangers on the land if they know or reasonably should have known that children are likely to trespass. For example, a landowner who owes a trampoline, reasonably should know that children are likely to trespass on his or her property. With regard to adults, a landowner has a duty to provide warning of injury. For example: signs that say “electric fence” or “beware of dog” are reasonable warnings for trespassers to prevent
Monsanto Company is a large multinational agricultural conglomerate that supplies genetically engineered products to the market. The enormity of its financial muscle makes it a strong market force. The company has been engaged in unscrupulous activities while receiving protection from the government and other government agencies in its undertakings. This analysis utilizes a heuristic approach to dissect the Monsanto’s relationship and performance in the market amidst ethical, social and legal odds.
...sible land from a public place, and other places or items in plain or open view. The trial case of Minnesota v. Carter, 525 U.S. 83, 119 S. Ct. 469, 142 L. Ed. 2d 373 (1998) determined that houseguests “typically do not possess a reasonable expectation of privacy in the homes they are visiting. (Greenhalgh)”
This is not the only case. There are ongoing cases of Eminent Domain. People are just not backing out.
There is uncertainty surrounding the law in regards to the ownership of property and proprietary estoppel. This paper will deal with these issues by analysing two cases that involve these questions. It will first address Jack’s case and whether the two objects in question are chattels or fixtures; then, it will examine a Laurence’s case and whether he can rely on proprietary estoppel or not. By dealing with the two cases, this paper will clarify questions of what constitutes a chattel or fixture, and in what situations proprietary estoppel may apply.
Ownership and self (identity) are commonly joined together under one thought: ownership can very well define a person’s identity. I believe that is to be true. It is possible to own something physically whether that is a phone, a computer, a car etc., or something that simply exists within our minds such as a thought (idea), a concept or whatever it may be. However, “To own” – a verb – doesn’t necessarily mean to own or have something, it also means to know something or that it is a part of you or “admit or acknowledge that something is the case or that one feels a certain way”- Google. Affluential philosophers have argued the various ways of how to express ownership and possession that shows its universality on this well rounded topic. It’s claimed that it builds up moral character and denounced by its undesirable and detrimental effects – good or evil. It is, in fact, that ownership and its intricacy builds both and individual self-comprehension and group- identity.
Bundle of Rights is one way to explain property ownership. Bundle of Rights Theory an individual holds a free hold estate of inheritance, that individual owns the whole bundle of rights. Some rights are considered too been known as bundle of sticks and they represent and identifiable rights. In the rights, there are two types of property real and personal property. Estates in land: life estate, leasehold estate, real estate, fee simple. It includes nonpossessory interest such as easement and liens. It talks about fixtures, property rights, mineral rights, air rights and surface rights.
It also arises when an owner ignores the rights of another person with an interest in that same property. Proprietary estoppel is a legal principle which prevents someone, who has led another to believe in a particular state of affairs, from illegally going back on the words which led to their belief. It arose in the case of Dillwyn v Llewelyn (1862), where a son spent £14,000 on building a house on the land with his father approval and promise that he would be in charge of that land but later found out that his father did not leave the property to him in his will. Lord Westbury held that the freehold in the land had been transferred to the son. However, four elements must be proved in order to claim for proprietary estoppel, which are : a) An assurance, b) Reliance on that assurance, c) Detriment, d) Unconscionability.
An easement allows another person to be present on the property without having a right to exclusion. The individual may be present on the property but does not have the right to exclude others from being on the property (Mossman & Girard, 2014). One common example is an access easement. If there are two properties that share a common driveway, but the driveway is owned by one of the property owners, that property owner can grant the other an easement to allow that person access to their property. Similarly, there are easements on properties for utilities access.
Quick Know-Hows Easement rights are backed by the law and have several conditions attached to it. Getting acquainted with these basic know-hows can prove
In rural areas, there are lots of cases of owning other people’s land (taking control of the land without the consent of the true owner).