Dear Mr Egor Claim against Football Connections Limited Following the meeting I am writing to confirm my advice regarding your potential claim against Football Connections (FC). You explained that FC having been acting as your agent since you have moved to the UK and have successfully arranged a contract for you to play for Gateshead Football Club (Gateshead). In your contract with FC you agreed to pay them 10% of your monthly salary, however you were informed that FC received £2000 from Gateshead to arrange your transfer and other formalities. You explained that you feel cheated as FC did not inform you of this arrangement stating that it ‘had nothing to do with you’. Subsequently, you have ceased to pay their fees. You sought advice …show more content…
This gives rise to relationship of trust and confidence that requires FC to act in good faith and in your best interest. FC must not allow its duty and its own interests to conflict and must not act for his own benefit without your informed consent. Claim against FC and fees Based on the information you have provided you could bring a claim against FC for a breach of the fiduciary obligation owed to you. Whilst such arrangements may be ‘commonplace’ they are not legal, and, in your case, you were not aware of it nor is it custom to the trade. FC’s failure to inform you of the deal with Gateshead is a clear conflict of interest and breach of fiduciary duty. Subsequently, you are within your right to cease in paying the fees in response to this breach as FC have disentitled themselves to the 10% owed to them under the agency contract. Your legal position The standard for fiduciary duty between agent and principal is both high and strict. A breach of this duty does not require fraud or bad faith and can be made out without any loss being suffered. In your circumstances you have been made aware of the wrongdoing which has been admitted by FC. The burden of proof lies on FC to prove that there was full disclosure regarding a conflict of interest to and they obtained your consent when receiving any remuneration or commission from
Andrea may decide not to inform the limited partners about the misrepresentation of Skyline Views’s financial statements; to avoid conflict, this decision permits Ed to deceive the company and limited partners. In addition, by deciding not to inform the limited partners of Ed’s deceit, Andrea would be disregarding the American Institute of Certified Public Accountants Code of Professional Conduct in her being unreliable, dishonest and deceitful. Andrea has the responsibility of protecting her client, which involves encouraging the correction of financial statements in order to prevent suspicion during audits that could lead to fines and imprisonment. Andrea’s second option is to inform the limited partners about how misrepresentations of Skyline Views’s financial statements are permitting Ed to claim a higher management fee; this decision will fulfill her due diligence obligation to the limited partners while maintaining her integrity as a certified public accountant in supporting the American Institute of Certified Public Accountants Code of Professional Conduct.
Equuscorp Pty Ltd v Haxton; Equuscorp Pty Ltd v Bassat; Equuscorp Pty Ltd v Cunningham's Warehouse Sales Pty Ltd (2012) 246 CLR 498
Ans. 7 From my point of view I would have reported the scheme to senior management. The scheme would have proved very harmful for the whole company and the harm of the company is bad for each and every employee of the company. Many people may have lost their jobs due to this scheme.
A Chinese toy manufacturer known as Fan Li approached Tegan to distribute its accessories for its Chinese made products in Europe in the May of 2007. According to the case, it was specified that Tegan’s traditional products had generally been £50 whereas Fan Li’s accessories were priced below £5. As their order’s size decreased, the growth of direct sales to consumers had increased their number of transactions. But it was a threat as Fan Li’s project provided a boost to the sales as tegan said agreed for Fan Li’s agreement. To get the appropriate outputs, Tegan’s account payables played a major role where tegan received discounts on most of its payables in prior payments as per the agreement.
My name is Kaha Salad and I am appealing my Satisfactory Academic Progress suspension. Autumn semester of 2013 was a difficult time for me, I was going through many different changes in my life and I just didn’t know how to adapt. I experienced a personal event in the summer of 2013 that made my life change forever. My Grandmother Khadija died, she was the light of my family’s lives. My mother was immensely affected by her death, she went into a state of depression and she then stopped working. I took it upon myself to help out my grieving mother and get a job to help pay with the bills that was piling up. I began working
When they continue with the unsatisfied situation then it would lead to the court, which will not be good on Svoboda and Robles behalf. “The Court held that under the misappropriation theory, an individual breach a duty to the owner of confidential information by using that information to his advantage in the securities market, constituting a deceptive device prohibited by section 10(b),” Bailey said in his article (2010, p.545). The court can explain the fiduciary duties that were broken within the situation. Miller states in his book that, in some situations, scienter can even be proved by showing that the defendant was consciously reckless as to the truth or falsity of his or her statement (2014, p.123). It should be some kind of evidence stated that Svoboda and Robles schemed was destined for a reason and the information that was recognized was nonpublic. The scheme continues over and over and never did Svoboda and Robles allow the facts to explore. Instead of asking another employee or manager, Svoboda asked in outsider for help because he knew that the employees will not allow the scheme to continue while they are involved. Veliotis article explained an example about a court case In re Worlds of Wonder Sec. Litig. The investor investors brought suit alleging fraudulent statements in an offering prospectus. The court found that the defendants conclusively rebutted an inference of scienter
you have certain legal rights of which you ought to be aware before you proceed
I also examined all relevant documents to extract key information such as dates, applications submitted and how decisions were reached; the client had a large bundle with correspondence dating from 2009 to 2015. I used my strong organisational skills to construct a detailed chronology to aid my analysis. I initially researched the matter on the Citizens Advice internal advice guide; however the information on the guide was not sufficient. I then researched statutes, case law and journals to draw a conclusion. Also, I analysed the submissions and case law the client’s previous solicitor had prepared. I identified from my research, that the client may be able to make an application for judicial
What occurred in this case was an advertising agency requested that its bank to look into the credit value of a third party client. The bank then contacted the third parties bank to gain permission for the information to be freely given. They then asked if the client would be a good credit risk for 100,000 (pounds sterling) and the third parties bank replied that the client “was a respectably constituted company and considered good for its normal business requirements” so after hearing this response the advertising agency went ahead to extend the credit to the client. However, the third parties bank statement was in fact untrue and because of this the agency lost over 17,000 (pounds
I believe that the current arrangement does not present an ethics issue because of the lack of indication of wrongdoing. The acceptance of future work and money alone does not present an ethical dilemma for the auditors. By means of this arrangement, no party to the current contract is performing an ethically questionable act and no person is unduly benefitting from it. The auditors are professionals and are expected to act as such. Therefore, the company by any stretch of imagination, cannot force the auditors to give an opinion against
This case saw the landlord’s payments go back up for future payments only and wasn’t refunded the differences between what the landlord wanted and what he asked for, which is why this case will follow suit. Randall Plc are unable to claim the previous funds back from Hopkirk Plc, but it could be agreed that there is no reason Hopkirk Plc shouldn’t be viable to pay the original contract amount agreed of £3000 for the future. The court could dismiss Randall’s claim to re-gain £1000 per month from Hopkirk Plc. It could be agreed that future payments will be at a rate of the original fixed price of £3,000 until the contract has been reviewed and discussed and agreed by both parties which a court could suggests is corrected before the termination date 2019. It is possible that a court would suggest a new contract should be written up and relevant clauses will need to be added in and agreed by both
I feel that Viking was using the loan and the rent as a leverage and knew exactly that I had limited options. Another huge mistake that I have done is the breach of contract. I should have asked for something in writing from the secretary prior to proceeding “If it is not documented – it never happened”. This is a lesson learned for me.
According to the scenario, Jacob and Krystal worked in an ad agency that started five years ago in Topeka, Kansas. The ad agency was barely making a profit and needed a large client, which led the agency to put in a bid for a city government contract. Due to Jacob’s son being sick, he was preoccupied with taking care of his son and left Krystal with most of the work. Krystal prepared the presentation and got with Jacob the day before the final meeting with the client. Krystal knew that Jacob has good speaking skills and they both decided that Jacob would do the presentation. Jacob’s presentation was a success and they successfully sealed the contract. The owners of the company were so impressed and gave Jacob a bonus check of $10,000. Jacob saw this opportunity where he could use the money for his son’s medical bills. However, he knew that Krystal did most of the work and deserved the bonus money. Jacob is disappointed and his situation has left him with a decision on what to do with the money. This case study will pinpoint Jacob’s ethical dilemma and what ethical action he should take. Also, the roles and responsibilities of an employee dealing with an ethical situation as well as the ways of an organization to maintain ethical practices in the workplace
Personal Statement My current enrollment to Florida International University’s (FIU) MS in Environmental Studies program proves my interest in the field of “Natural Resource Science and Management”. Coming from Bangladesh, a country that is highly vulnerable to the impacts of climate change, I observed the importance of holistic natural resources management and its complex social dimension. My involvement with different development organizations including United Nations provided hands-on experiences in this field, particularly at the interface of nature, technology and human. During my work I became interested about this multifaceted sector and its intricate but intriguing relationships between society and environment.
When a report is made, such report is not to be taken to breach any restriction on the disclosure of information. Good faith is essential ingredient to such protection. If a report is made in bad faith, without any justification, it constitute a breach of the subjects’ right to confidentiality and is actionable in civil courts. Recommendation 21(a) of FATF requires that: Financial institutions, their directors, officers and employees should be protected by law from criminal and civil liability for breach of any restriction on disclosure of information imposed by contract or by any legislation, regulatory or administrative provision, if they report their suspicions in good faith to the FIU, even if they did not know precisely what the underlying criminal activity was, and regardless of whether illegal activity actually occurred.