A Case Study of Akron Children’s Hospital - 2143 Words

Akron Children’s Hospital Anthony D. Davis, Sr. Keiser University MBA 542 Dr. Lan Yuo November 19, 2010 When companies are faced with a particular dilemma, they seek the use of business research to†¦show more content†¦By listening to, watching, and recording things that are usually covered under privacy laws, the door was opened for the most intimate of interactions to be revealed to others. Using this method of observation and their attempt to differentiate themselves from the other hospitals was a very smart move by Marcus Thomas LLC because it exposed what everyone wonders; how will I be treated and what will I experience. The documenting of all the interactions opens the door for potential customers to understand how their hospital stays would proceed. Observing how care was given and how patient s parents were treated hits at the core of human emotion. It s already difficult for parents to deal with their children having illnesses and when they can understand how they will be treated undoubtedly will aid in their decision as to the facility they will choose. These obser vational methods would uncover a lot of qualitative information from individual experiences expressed by those being shadowed. Phase 2 of the research entailed putting together focus groups. There would be 120 min. focus groups that were convened in three markets of northern Ohio. One of the Markets was where the Children s Hospital was located and the other two were located in areas of potential growth. Marcus Thomas ensured that all the participants were parents who had children that were

Potential Analysis of Jet Blue A Case Study - 747 Words

Part 1 Overview and Fiscal Analysis - One of the prime examples of the new paradigm in the airline industry is Jet Blue, an American low-cost, no-frills airline. Its main base is JFK international airport in Queens, NY. The airlines main destinations are U.S. hubs, flights to the Caribbean and Bahamas, and some to Central and South America. It is a non-union airline with a fleet of just under 200 craft, with another 50 ordered. The primary strategy for Jet Blue is the customer value proposition. The airline is not fancy, does not try to offer a number of amenities, only has a few routes, and is primarily trying to base ridership on low-cost fares. Revenue for 2011 was $4.5 billion, with operating income of $322 million and net income of $86 million. The company has a total of over $7 billion in assets showing that 2011 was a good year for the airline, even though revenues were slightly lower than the previous year (Jet Blue Annouces 2011 Annual Profit, 2012). Part 2 Resource Analysis- The company uses unit level activities and manages these by choosing to maintain high aircraft utilization (operating a single aircraft type with a single class of service) and direct booking services save computer reservation fees (use of www.jetblue.com) which lowers operating costs. It uses batch level resources by using a uniform type of aircraft, in which the staff need only become an expert once not many times over. Part 3 External Environment - Airlines, particularly smallerShow MoreRelatedJet Blue Ipo Advanced Corporate Finance1654 Words   |  7 PagesCase Study #28: Jet Blue Airways IPO Valuation. Brendan Sookraj Webster University FINC 5880 Summer 2013 June 27, 2013 Author Note Certificate of Authorship: This paper was prepared by me for this specific course and is not a result of plagiarism or self-plagiarism. I have cited all sources from which I used data, ideas, or words either quoted or paraphrased. 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Case of Kakadu Tourism Services Pty Ltd †MyAssignmenthelp.com

Question: Discuss about the Case of Kakadu Tourism Services Pty Ltd. Answer: Issue There are two issue which have been identified in relation to the case Whether an argument can be made by the car finance company with respect to having a valid mortgage over the office of Kakadu Tourism Services Pty Ltd (KTS) Whether the mortgage over the house owned by KTS can be enforced by Easy Loan Bank through relying on the assumptions provided in Section 129 of the Corporation Act 2001 (Cth). Rule Section 124 of the CA deals with the legal capacity of the company in relation to getting into a transaction. As per the section the law provides the capacity to the company to get into a transaction like an individual person. As per section 125 of the Act the power of the company to get into a valid transaction cannot merely be restricted if the constitution of the company does not allow such transaction. A transaction can be valid even it has been prohibited by the constitution of the company. In the case of Lion Nathan Australia Pty Ltd v Coopers Brewery Limited (2006) 59 ACSR 444 it had been ruled by the court that the constitution of a company is has to be interpreted broadly in order to determine the powers of the company. In this case the court used the section 125 of the CA to provide that act outside the scope of the companys constitution are also binding on it. According to the provisions of section 126 of the Act the power of a company in relation to a particular transaction can be carried on by an individual who acts on behalf of the company through its express or implied authority even if the common seal of the company is not used. In the case of Royal British v Bank v Turquand (1856) 119 ER 886 it had been provided by the court that it is the right of an outsider to assume that the internal rules of the organizations have been complied with anyone using the authority of the company to get into a transaction. Section 128 of the Act provides a third person to make assumptions in relation to the company. The section provides that if a person has power under section 129 of the Act to make an assumption the company cannot provide the assentation that the assumption made by such person is not valid. An assumption can be made by a person with respect to a transaction with another person who provides to have acquired title of the companys property in a direct or an indirect manner. In such situation also the third person or the company cannot provided in the court that the assumptions are not valid. Even if an agent or officer of the company had forged a document or have acted fraudulently the assumptions under the section can be made. In case a person knew or suspected an assumption to be incorrect they cannot rely on the assumptions under section 129. In the case of Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146 the court ruled that In case a person knew or suspected an assumption to be incorrect they cannot rely on the assumptions with respect to dealing with the company. A person under section 129 of the Act has the right to assume that in relation to the transaction the replaceable rules and constitution of the company has been complied with. In addition a person has the power to assume anyone with respect to the information provided by the ASIC available to the public to be a company secretary or the director of the company and also assume that they have been appointed in a proper manner and have the right to perform the powers which a normal director would have. A person also has the right to assume that a director or officer of the company have performed their duties properly. In the case of Brick and Pipe Industries Ltd v Occidental Life Nominees (1992) 10 ACLC it was ruled by the court that when dealing with the company an outsider has the right to make more than one assumption in relation to the person acting on behalf of the company. The same concept had also been used in the case of Advance Bank Australia v Fleetwood Star Pty Ltd (1992) 10 ACLC 703. An individual can think that a paper has been properly executed by the organization in case the document apprehends to be signed in compliance with section 127(1) of the Act. In relation to the assumption it can be assumed by the person that any person who has signed the paper are the sole director and company secretary of the company. Application In the given case it had been provided that Mary and John who are married are the shareholders and directors of the company Kakadu Tourism Services Pty Ltd (KTS). The purpose of the company was in relation to tourism business. Marry occupies a house which is owned by the company and John has moved out of the house as their marriage has broken down. Mary does not have active participation in the functioning of the company. A sports care has been purchased by John which is worth $80000. The payment has been done through a finance lease with respect to KTS. A mortgage over the office building has been provided as a guarantee for the finance lease to the Car finance company. In this case even through the purpose of the company is related to tourism services, section 125 of the CA would allow such transaction to be valid in relation to the company. Thus the transaction cannot be held ultra-virus with respect to the company. In addition section 126 provides that any person who has expressed or implied authority in relation to the company can get into a transaction on behalf of the company. In the given case John being the director of the company has authority to enter on transactions on behalf of the company thus the dealing with the Car finance company can be further stated to be binding on KTS. It has been claimed by Mary that the car was personal asset of John, however as per the above discussed rules John had the power to bind the company to a contract with any their party and thus the car finance company also has the right to mortgage the companys office because of non-payment. In addition it has been provided that John had entered into a deal with Easy loan Bank for borrowing $200000 and mortgaging the house which is occupied by Mary without telling this to her. The mortgage had been secured as John stated that he is the director of the company and his son Michael is the Company secretary. According to the provisions of section 127 of the CA a company can give effect to any document if it has been signed and witnessed by one director of the company and the company secretory. It had been provided by John to the Bank manager that Mary has resigned as the company secretary and the new company secretary of the company is Michael. The act was also not approved by the board as provided by the constitution of KTS. Section 129 of the CA provides that an outsider can make certain assumption in relation to the dealing with a company. Firstly the person has the right to assume that in relation to the transaction the replaceable rules and constitution of the company has been complied with. Thus in this case even when the constitution of the company provides the contrary the bank has the right to assume that the constitution had been complied with in relation to the transaction. Secondly, a person also has the right to assume that a director or officer of the company have performed their duties properly therefore the bank has the right to assume that the John has complied with his duties in a proper manner. Thirdly in relation to the execution of a document if a person provides that he is the director or company secretary of the company the third person has the right to assume that the person actually is the director or company secretary of the company. However it has been provided clearly by section 129 (6) that if a person had knowledge of an information being incorrect they cannot make assumptions under this section. There was no documentation available with the ASIC which could derive the conclusion that Mary is no longer he Company secretary of the company or Michael is the new Company Secretary. In addition it is the duty of a third person to make further inquiry with the ASIC in relation to the directors and secretaries of the company which had not been done by the bank. Thus it can be provided that the bank does not have the right to rely on the assumptions provided in section 129 as they did not make further inquiries in relation to Michael being the secretary with the ASIC. Conclusion The deal between the Car finance company and KTS is binding and valid. The Bank cannot claim assumptions under section 129 of the CA. References Advance Bank Australia v Fleetwood Star Pty Ltd (1992) 10 ACLC 703. Brick and Pipe Industries Ltd v Occidental Life Nominees (1992) 10 ACLC Corporation Act 2001 (Cth) Lion Nathan Australia Pty Ltd v Coopers Brewery Limited (2006) 59 ACSR 444 Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146 Royal British v Bank v Turquand (1856) 119 ER 886

Night Essays (1187 words) - Holocaust Literature, Night,

Night "Where is God now? (A man behind me asked)...He is hanging here on this gallows..." This is where the Holocaust left young Elie. It left him with a feeling that there is no God, or if there is, he is not as wonderful as everyone has been proclaiming that he is. The story begins in the small town of Sighet near Transylvania were Elie lived with his parents and two little sisters. Elie studied the Talmud during the day and spent his evenings in Synagogue praying. His life revolved around his undying faith and love for God. He loved God and the Jewish faith so much that he often cried while he was praying. He and his family lived without fear and in happiness until some of the people of Sighet were deported. One of them, Moche the Beadle, returned with stories of Jews being slaughtered and babies being tortured and used as firing practice. The stories were dismissed as crazy and they told themselves that they were all safe. They believed they were in the peaceful hands of God. Unfortunately, in 1944 German troops moved into their town. They set up ghettos and controlled their lives with fear. The people of Sighet were forced to leave their homes. They were packed into cattle wagon trains and given buckets of water and bread to eat. They stayed in the train for many days and were not allowed to get out to go to the bathroom so they were condemned to live amidst filth. Some people started going crazy. One old woman screamed almost the entire time about flames and burning flesh. Little did everyone know that what she was yelling about was the fate of everyone in her company. When they finally arrived in Birkenau, they exited the train to the smell of burning flesh and the sight of smoke and flames. When they got into the camp Elie and his father were separated from his mother and two little sisters. They did not realize immediately that they would never see them again. After they were separated they were told to march in a line that was heading directly toward a tremendous hole in the ground in which the charred remains of Jewish corpses could be seen. It is then that Elie begins to wonder why it is that he has been blessing God. The people around him had begun to say a prayer for the dead and for themselves. He wonders why he should bother? No God that he knows would let such evil go on, therefore there must be no God. People around him were asking the same questions. Others told them that God was testing their faith and if they kept themselves strong and survived for as long as they could, God would be pleased and they would be blessed. They continued marching straight up to the edge of the ditch with faith in their hearts and were suddenly told to turn left into barracks. Elie and his father were given tips by men that had been in the camp longer about how the Germans were working and how to survive. They were told what you had to say and how you had to act in order to stay alive longer. All Elie cared about was not being separated from his father. For over a year they were forced to live and work in extreme conditions. They were made to walk miles on little sleep and even less food for continuous hours and days at a time. Men were beaten and killed for their hunger, fear, sickness and exhaustion. They had to endure the stress of selection where they were briefly examined and were selected to be killed because their weakness was a drain on the camp. Elie's father grew very sick and became very weak. One day while he was calling for Elie to help and comfort him guards at their camp beat him. When Elie woke up the next morning his father was gone from his bed, inevitably taken to a crematory. A few weeks after he and many other Jews were set free. ~* Review *~ Night is an amazingly thought provoking and touching story. The descriptions of the horrors that Elie faced grab you and make you understand completely what kind of pain he and everyone else faced. This book was written to show how exactly horrendous the Holocaust was. It also shows you how evil can destroy persons belief in something that they hold dear,