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案例研究代写:有关企业合同的案例分析

MTB最好的业务形式是S公司。这种类型的合作比普通公司更能吸引小型企业的业主。这是因为S公司从税务申诉中获得了一些好处,并且仍然沉迷于为企业所有者提供关于公司的责任保护。对于S公司,损失和收入会转移给利益相关者,并包括在他们的个人纳税申报单上。因此,只有一个联邦税收水平需要支付。此外,没有存货的S公司所有者可以使用比权责发生制更简单的会计现金法。在这种方法下,收入在接待时被征税,支出在付款时被扣除。

在曼尼看来,最理想的形式是有限责任。这种业务形式的流行是最近才出现的。有限责任公司是混合实体,致力于为公司和伙伴关系带来某些最佳特征。这种结构和形式为企业所有者提供了双重税收的责任保护。损失和收益会传递给所有者,并包括在他们的个人纳税申报单中。这可能听起来像S公司,但它为企业主提供了比S公司更多的吸引力。例如,对股东人数没有限制。此外,企业结构中的任何成员都可以在有限合伙企业的经营活动中获得完全参与的角色。

最好的经营形式是有限责任公司。当涉及到注册时,这种形式的结构更容易形成。所提供的好处是多样化的,考虑到双方的需要,合作伙伴对其个别业务不给予任何许可。

在普通合伙企业中,合伙人有管理公司的能力,对合伙企业的债务和有关义务负有责任。在这一安排下,以联营方式进行业务的合伙人负有无限责任,这意味着他们的个人资产对合伙企业的义务负有责任。从这个角度来看,在这种结构下,合伙地位将被授予曼尼,尤其是因为他正在进行的基本投资。

从这个案例中可以明显看出,勒布朗只有在得到弗洛伊德事先表示同意的情况下才有权签订合同。所以,即使有一份合同,首先詹姆斯没有任何权威去考虑它。没有合同,因为不是责任人签署的。有一个报价,其中有一个还价,但它没有通过销售之王接受,因此合同无效。

双边合同是指双方签订一项协议,其中双方都承诺从事某项业务或任务。单方合同是指一方当事人向另一方作出承诺,在要约中约定采取行动的合同。在合同法中,单方面合同只允许个人参与通过个人采取的行动。因此,在这里,如果有一个合同,那么它将是单方面的,因为勒布朗没有传达接受他的结束。

具体履行合同在此适用。具体履行是法院的一项命令,要求当事人履行合同中一般规定的特定行为。从这个角度来看,新柯尔特收到的损害将以MTB的形式完成合同的要求。这一具体履行令是正在作出的损害赔偿的替代品,可被归类为一种基于公平的补救办法,一般用于信息保密方面的禁令救济形式。这将被证明是MTB的损失和新小马的伤害奖励。

有约束力的权力是管理代理人和保险持有人之间的合同。然而,同样明显的是,在这种情况下,没有经纪人参与管理,因为勒布朗不负责这种管理,从来没有被授予相同的权力,根据案件。在该等协议下,代理管理层负责根据协议条款,将签订保险合同的权力委托给保险持有人。保险合同需要通过辛迪加成员进行承保,通过辛迪加成员进行管理。然而,很明显,合同不具有约束力,因为它不是在正确的双方之间发生的。根据合同法,本合同不成立。

案例研究代写:有关企业合同的案例分析

Best form of business for MTB will be S corporation. This type of cooperation is much attractive to owners from smaller businesses than is possible with a regular corporation. This is because S corporation offers some benefits from tax appeals and still indulges in providing owners of the business with protection over liability with regard to the corporate. With an S corporation, loss and income are passed on to stakeholders and are included over their individual returns of taxes. As a consequence, there is only one federal tax level to be paid. Additionally, S corporation owners not having inventory can utilize the accounting cash method which is simpler than the method of accrual. Under such method, income is taxed over reception and expenditure is deducted when payment is done.
From the perspective of Manny, the most ideal form will be limited liability. The popularity for this form of business is a recent process. LLC are hybrid entities that engage to bring together certain of best characteristics for corporations and partnerships. This structure and form provides owners in businesses with the protection of liability that corporate enjoy with dual taxes. Losses and earnings are passed through to owners and are inclusive as their individual returns of taxes. This may sound same as S corporation but it offers business owners with much attraction than S corporate. For example, presence of no limitation over the shareholders numbers. Additionally, any member in the structure of business is allowed to obtain complete participation based role in the operation of business within a limited partnership.
The best form of business will be Limited Liability Company. This form of structure is easier to formulate when it comes to registration. The benefits offered are diversified and considering the needs of both involved, partners are not given any permission over their individual operations.
Within the general partnership, partners have ability of managing company and assuming responsibility for the debts of partnership and related obligations. Under this arrangement, partners conducting their operations in co-joined manner have liability of unlimited nature which implies their individual assets have liability for the obligations of partnerships. From this perspective, partnership status will be granted to Manny under this structure especially because the essential investment that he is making.
It is evident from the case that LeBron had authority of only entering into the contract sales with previously expressed approval from Floyd. So, even if there was a contract, first of all there was no authority present with LeBron to consider it. There is no presence of a contract as it wasn’t signed by the one responsible. There was an offer to which there was a counter offer but it was not accepted through the king of sales and therefore the contract stands invalid.
A bilateral contract is one that involves two parties entering into an agreement wherein both parties are promising to indulge in an operation or task. Unilateral contract is where a party makes promise to another party taking action as prescribed within the offers. In the law of contract, unilateral contracting allows for only individual person to be involved in an action undertaken through a person individually. Therefore here, if there was a contract then it would be unilateral as LeBron did not convey the acceptance from his end.
Specific performance of contract is applicable here. Specific performance is a court order which needs parties to perform a particular act generally which is given in a contract. From this, perspective the damage received by New Colt will be in the form of MTB completing the requirements of the contract. This specific performance order is a substitute to damages being awarded and can be classed as an equitable based remedy generally utilize in injunctive relief form with regard to confidentiality of information. This will prove to be a loss for MTB and a damage award for New Colt.
A binding authority is a contract between an agent of management and a cover holder. However as evident in this scenario, there was no agent of management involved because LeBron was not responsible for this management and was never given the authority for the same as per the case. Under such agreement, the agent management is responsible for delegating the authority to enter insurance contract which needs to be underwritten through at syndicate member managed through it to the cover-holder in alignment with the agreement terms. However, it is evident that the contract cannot be binding as it does not take place between correct parties. As per contract law, this contract does not stand.