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There is a various range of discriminations when employees are recruited into a job together with discrimination at the workplace such as sex, marital status or race discriminations in general, which are to be found in the Sex Discrimination Acts 1975.

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Introduction

M07084 Law for Business Word count: 1992 words Student Number: 01280297 Name: Kyu Min Lee Table of content 1. Discrimination ....................................................................................3 1.1 Definition of a discrimination..................................................................3 1.2 Types of discrimination..........................................................................3 1.3 Remedy...........................................................................................3 2. Offer and Acceptance...........................................................................4 2.1 Definition of a contract..........................................................................4 2.2 Requirements of a contract......................................................................4 2.3 The procedure of making contract..............................................................4 2.4 Remedy............................................................................................5 3. Creditors position................................................................................6 3.1 Borrowing.........................................................................................6 3.2 Lifting the corporate veil........................................................................6 3.3 Distribution of assets in liquidation............................................................6 4. Bibliography.......................................................................................8 1. Discrimination 1.1 Definition There is a various range of discriminations when employees are recruited into a job together with discrimination at the workplace such as sex, marital status or race discriminations in general, which are to be found in the Sex Discrimination Acts 1975 and 1986(SDA), the Race Relations Act 1976, the Employment Act 1989 and the Employment Rights Act 1996(ERA). In other words, it is unlawful where a person in relation to an employment is refused or deliberately omitted to offer the job (s.6 (1)(c)), also where there are the arrangements (s.6 (1)(a)) or terms (s.6 (1)(b)) made for the purpose of deciding who should be offered the job on the grounds of sex, marital status, colour, race, nationality or ethnic or national origins. ...read more.

Middle

The former indicates that a contract is aimed at a particular person, whereas the latter refers to a contract open to everyone, for instance, the advertisement for a lost cat with a certain reward, which will be given to anyone who have found the lost cat with his or her conduct. In details, it is worth to distinguish between an offer and invitation to treat. An invitation to treat such as advertisements on newspaper or displayed goods in shop, is any statement in negotiations which falls short of an offer and is not legally binding (Fisher V Bell 1961, Carlill V Smoke Ball Co 1893). If an offer is made, it can be terminated by rejection, revocation by offeror or the third party, lapse of general or specific time and counter offer. Counter offer is a rejection of the original offer and has effect of cancelling the original offer (Hyde V Wrench). Also, obviously when either party died. Besides, it needs to be beard in mind that offer and revocation are valid when received. Returning case study, the advertisement '5000 pounds Giant Panda toy' is open to everyone and so it is not an offer and the first offer, 4000pounds made by Mary, is terminated by Mike refusing it, which means that the offer does not exist any longer. ...read more.

Conclusion

case study, they had first two mortgages, which is normally secured on the fixed asset and so, the creditor of the first mortgage, which is taken out to secure 1million pounds, high risk bank will be given the proirity to get paid and then the creditor of the second mortgage, which is secured on the Dub Ltd's small factory will be the next. Then, Gerhard as a creditor of the first debenture will be get paid next.The three of them above are to be treated as top slice in the creditor's position because they have a security on their loans, mortgage and debenture. If there are anything left to pay floating charge creditors after the payment of costs of winding up and preferential creditors, Gerhard will be get paid as a floating charge holder. However, if Romalpa clause is insulted, the goods delivered to debtor company still belong to the creditors. So, if Dub Ltd have any good Romalpa clause insulted, Gerhard would not have a priority to get paid first. In addition, as remedies of secured debenture holders, the creditors will be able to sell or lease the property, or be appointed to take possestion of the property under s.101 of the Law of Property Act 1925. ...read more.

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