19. Acting for a company: agency and attribution

2019 ◽  
pp. 609-680
Author(s):  
Derek French
Keyword(s):  
Criminal Liability ◽  
Court Cases ◽  
Legal Relationship ◽  
Relationship Of ◽  
A Company

This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company he or she represents. It considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, including the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.

19. Acting for a company: agency and attribution

2017 ◽  
Author(s):  
Derek French
Keyword(s):  
Criminal Liability ◽  
Court Cases ◽  
Legal Relationship ◽  
Relationship Of ◽  
A Company

This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company he or she represents. It then considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, with emphasis on the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.

19. Acting for a company: agency and attribution

2018 ◽  
Author(s):  
Derek French
Keyword(s):  
Criminal Liability ◽  
Court Cases ◽  
Legal Relationship ◽  
Relationship Of ◽  
A Company

This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company he or she represents. It then considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, with emphasis on the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.

19. Acting for a company: agency and attribution

2021 ◽  
pp. 605-676
Author(s):  
Derek French
Keyword(s):  
Criminal Liability ◽  
Court Cases ◽  
Legal Relationship ◽  
Relationship Of ◽  
A Company

This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company they represent. It considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, including the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.

19. Acting for a company: agency and attribution

2016 ◽  
Author(s):  
Derek French ◽  
Stephen W. Mayson ◽  
Christopher L. Ryan
Keyword(s):  
Criminal Liability ◽  
Court Cases ◽  
Legal Relationship ◽  
Relationship Of ◽  
A Company

This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company he or she represents. It then considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, with emphasis on the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.

scholarly journals Leadership Style, Compensation And Its Effect On Employee Performance (PT. SSBP Case)

2020 ◽  
Vol 18 (3) ◽  
pp. 138
Author(s):  
Elly Alfrida ◽  
Petrus T. Resi ◽  
Sabam Simbolon
Keyword(s):  
Leadership Style ◽  
Employee Performance ◽  
Independent Variables ◽  
Main Factors ◽  
Relationship Of ◽  
The Relationship ◽  
A Company ◽  
Two Independent Variables

This research is aimed at understanding the relationship of leadership style and compensation on employee performance at PT SSBP considering that the two independent variables are the main factors that determines the success of a company as general as well as PT SSBP. The research obtained data from 144 respondents out of 210 total employees. A questionnaire was prepared to catch their perception on leadership style and compensation and how they affect their performance in the company they work with. From the data obtained and the analysis result shows that the relationship and the contribution of leadership style and compensation on the performance of employees is strong and significant, either partially or simultaneously. Therefore as managerial instruments, leadership style and compensation are extremely important factors to be considered and continuously updated in order to keep and maintain employees motivation that in turn will boost their performance,

scholarly journals Postępowanie wykroczeniowe w sprawach dotyczących pracowników i innych osób wykonujących pracę zarobkową

2019 ◽  
Vol 118 ◽  
pp. 167-182
Author(s):  
Sebastian Kowalski
Keyword(s):  
Criminal Liability ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
Legal Relationship

PROCEEDINGS IN PETTY OFFENCE CASES RELATED TO EMPLOYEES AND OTHER PERSONS ENGAGING IN GAINFUL OCCUPATIONIn the study, the proceedings in petty offences have been described in terms of the tasks imposed by law on work inspectors. Liability for an offence is a criminal liability sensu largo, and the proceedings in petty offence cases are similar to criminal proceedings. In cases provided for in the act, a work inspector conducts explanatory investigation in the course of which he may impose a fine on the offender, be satisfied with applying educational measures only or decide to file a motion for punishment in the court. In the latter case, after instituting the proceedings by the court, the work inspector acts as a public prosecutor. Issuing a sentence punishing for an offence, the court, as a rule, specifies the character of legal relationship between the employer and the wronged person.

scholarly journals KEPASTIAN HUKUM DALAM KEPEMILIKAN SATUAN RUMAH SUSUN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 58-67
Author(s):  
Hestining Cholifah
Keyword(s):  
Legal Protection ◽  
Housing Unit ◽  
Legal Relationship ◽  
The Cost ◽  
Relationship Of

This study aimed to determine the legal relationship of the parties in the Agreement on Sale and Purchase (PPJB) Flats and legal protection for buyers of Flat Housing Unit if the seller / developer defaults. This research is a normative juridical research, namely research on laws that are in the legislation in force in Indonesia. This research focused on document research or literature which essentially looks for theories, views that have correlation and are relevant to the problems to be studied. The results of the study indicated that the legal relationship between the parties in the PPJB starts from the signing of the PPJB, so that a legal relationship is established which creates the rights and obligations of each party. Legal protection for buyers of Flat Units if the seller / developer defaults is through arbitration at the cost of joint responsibility by the parties. It meant that if there is a dispute between the parties regarding the sale and purchase agreement unit apartment, the settlement is not through public court or litigation, but the solution is taken through arbitration (non litigation)

scholarly journals Manajemen jasa logistik pelayaran redpack guna mengurangi waste: studi kasus PT. PELNI

2020 ◽  
Vol 12 (3) ◽  
pp. 284
Author(s):  
Moses Laksono Singgih ◽  
Rizka Safira Hartanti
Keyword(s):  
Service Sector ◽  
Value Stream Mapping ◽  
Delivery Service ◽  
Value Stream ◽  
Sea Transportation ◽  
Value Flow ◽  
Relationship Of ◽  
A Company ◽  
Office Location

PT. PELNI is a company that provides shipping services using sea transportation. One of the services it has is REDPACK, which is a delivery service with priority to maintain package conditions. This service is still relatively new because it is operating in 2019 and evaluation is needed so that efficiency increases by reducing waste. In this study, the method used is Lean Service because the delivery service is in the service sector. The tools used in this research are Value Stream Mapping (VSM) and DEMATEL. VSM is used to analyze the value flow in the service process. VSM results can indicate a process that is not needed. After that, it is continued by identifying process flow waste and determining critical waste in these services. Determination of critical waste is done using DEMATEL. DEMATEL is a method used to analyze the cause-effect relationship of a complex system. The results showed that the main waste factor in logistics services is customer activity reporting incoming cargo. This waste can be repaired by moving the office location into one room with a new warehouse and activity flow.

scholarly journals Customary Practices and the Issues of Women Property Rights: Case Study of South Punjab (2007-2014)

2019 ◽  
Vol 1 (1) ◽  
pp. 1-12
Author(s):  
Syed Waqas Shabbir ◽  
Nazia Malik ◽  
Muhammad Rizwan ◽  
Muhammad Hashim
Keyword(s):  
Property Rights ◽  
Sampling Technique ◽  
Structural Constraints ◽  
Court Cases ◽  
The Social ◽  
Quota Sampling ◽  
Almost All ◽  
Relationship Of ◽  
Customary Practices

The world is facing gender related problems in which women’s are discriminated against in almost all walks of life. The present research is focusing on the issues of women. i.e, exchange marriages, women property rights and their maintenance after divorce in South Punjab. The objective of this study is to unveil the structural constraints in the society which have hamperedthe freedom and the autonomy of women. These constraints are operational in the domain of legal-judicial and administration-policing social system of the state that has made the access of women difficult to get the redress and relief against the violation of their rights. In this research, an interpretative mode of research is being used to unfold the relationship of different variables. Some of the variables have their connections on the bases of their influence on the nature of the women’s right in the social setup of South Punjab. Among these variables, independent ones are customary practices prevailing religious doctrines and the sources of materials means. The particular nature of the study and scientific approach of the research, it seemed appropriate to apply quota sampling technique for the selection of court cases. The especially court cases has been segregated to project women image of this region. In this study categories of the cases on the basis of different variables collected from targeted three districts as judgments pronounced and established under family and session court under districts Multan, Muzaffargarh and Dera Ghazi Khan during the period from (2007 to 2014).This study includes ten cases, all related to the rights of women and customary practises. This study had also tried to show the how far judicial decisions were in favor of women to make them capable to empower in the emerging challenges of the time. The study in its analysis tried to show the effectiveness of prevailing family laws to enhance status of women.

scholarly journals British law on corporate bribery

2015 ◽  
Vol 22 (1) ◽  
pp. 16-27 ◽  
Author(s):  
Jonathan Mukwiri
Keyword(s):  
Criminal Liability ◽  
Company Law ◽  
Content Type ◽  
Secondary Sources ◽  
Regulatory Strategy ◽  
Regulatory Approach ◽  
Corporate Criminal Liability ◽  
Corporate Liability ◽  
A Company

Purpose – This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery. Design/methodology/approach – The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources. Findings – This paper finds that the effectiveness of the Bribery Act 2010 in curbing bribery lies in its approach of changing the basis for corporate criminal liability from focusing on the guilt of personnel within the company to focusing on the quality of the system governing the activities of the company. Companies have to address the risks of bribery or risk facing liability for failure to prevent bribery. With its regulatory approach to corporate liability, coupled with its extraterritorial reach, the Bribery Act is likely to change business cultures that facilitate bribery, thereby proving an effective law to corporate bribes. Originality/value – This paper highlights the deficiency of earlier laws in tackling corporate bribery, examines the crime of bribery from a company law perspective and argues that the regulatory strategy in the Bribery Act is likely to be an effective tool against bribery.

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