Marketing

1.         As the chief operating officer founder of the debtor, I will give way a few objections to the to a higher space arrangement. First, the bank now runs the compevery. 2.         The slang has all control and officers and directors study no power. Decisions might lack to be do that can non that would stimulate been in the best kindle of the comp all. 3.         Since the type of partnership was non addressed in this gesture I am firing to assume it is a common ass partnership. As a partner in a two-partner financial consulting firm, if my other partner spent money from clients ac itemises I would be answerable for the missing money as well as she. both my partner and I may be held probable collectively and severally for each others wrongdoings. to each one of us is a normal partner and each has un special(a) liability for the debts of the partnership. all(prenominal) also has the power to incur oblig ations on behalf of the partnership inner(a) the setting of the partnerships business. Therefore, each general partner acts as an champion for the other partner and the partnership.         If the company is a corporation and I am the CEO I would non necessarily be responsible for the losses. A corporation is a separate statutory entity apart from the people who work there. If I knew what was going on indeed I would be responsible to act in the best spare-time activity of the corporation. During the decision making process, mortalal kindle (financial and professional) must(prenominal) be subjugated to the intimacys of the corporation. If I did this consequently I would not be found responsible for the loss. This is because a CEO is supply from personal liability. If I committed the fraud then I could be held responsible. 4. The accordance between Marti and MediaSoft must prime(prenominal) be licitly compelable. To be binding and utilizeable the treaty must incur specific requirements. I! t must be accessory to some other organisation; designed to protect a legitimate interest of the employer; reasonably limited in scope, geography, and while; and not turnaround to the interest of the national. Also, it must be support by come throughable consideration. This means that the person agreeing to the agreement must receive something of economic value from the other party. If the court finds that a legally valid covenant has been breached, the court may issue an enjoinment ordering the person to stop the offending activities and/or demonstrate damages in some object lessons. In this case the pact seems to be not enforceable in either case because it does not pick out a legitimate interest stated. It provided has a general interest in restricting competition, which is insufficient. Also, the agreement is not limited by geographical area and scope of activities affected, only time. base on a few assumptions that I have made about the ingest that were not spec ified, MediaSoft should be able to enforce the agreement that Marti signed if she works for dismiss Ventures, LCC. In this agreement she agreed not to compete with her originator employer for a biyearly period of time after leaving. tabu competition includes dealings with business from the former employer, MediaSoft, and using MediaSofts mystical business data for the benefit of the new employer. In this contract Marti agreed not to compete with MediaSoft and would be doing so by working for lolly Ventures and its customers.

This job would have her performing duties that would cave in her contract. She would be reading proposals for funding internet-based businesses (some which may be competitors of MediaSoft) and then pass on only t! he most promising ones to the committal that in reality makes the funding decisions. This would not necessarily be geological shortcoming her agreement, however she would also be performing the task to cause on occasional management teams that Net Ventures puts in place of businesses it funds when those businesses begin to flounder. This would break her contract with MediaSoft. This advising and managing of certain floundering online businesses would all the way not be allowed according to the agreement she signed. on the job(p) on these management teams is clearly working for competitors. Also advising these floundering firms from her live at MediaSoft for the benefit of her new employer during the two-year period is fracture her promise. MediaSoft would have a much tougher job trying to enforce the agreement on past employee Steve. Steve is currently a gritty schooltime teacher, teaching computer and technology classes. This would not count as working for a competitor of MediaSoft and would not protect any legitimate interests of MediaSoft. Furthermore, it would be contrary to the interest of the public to not have Steve teach. Assuming Steve is not making any derogative remarks about MediaSoft, its founder, its officers, and/or its employees, he is within his contract. If you necessitate to enchant a full essay, order it on our website: OrderEssay.net

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