Saturday, February 22, 2020

Equity, Conscience and Things of Confidence and Fiduciary Obligation Essay

Equity, Conscience and Things of Confidence and Fiduciary Obligation Discuss - Essay Example It represents a clear delineation of information deemed as confidential as well the constituents of a brief of confidentiality. In a confidentiality agreement, there are typical requirements. Those requirements include not disclosing the items discussed as well as the scope and ramifications of discussions between the parties, not utilizing confidential information for any purpose other than is clearly delineated in the agreement, and not disclosing any information deemed as confidential to individuals or entities other than the employees or representatives of the recipient without the prior written consent. If employees or representatives of the recipient are granted access to confidential information, the party revealing the information should engage in a subsequent agreement binding the recipient to the same obligation as the original obligation of confidentiality. In addition to this, the original party remains responsible for the actions of those individuals who were provided wi th subsequent confidentiality agreement. Fiduciary obligation is defined as the legal duty of one party to look after the well being of another. Fiduciary obligation can apply to governments, corporations and individuals alike. By acting in the capacity of a fiduciary, a party is bounded to act ethically, responsibly and with the best interest of the appointee at hand. In so doing, a fiduciary obligation is subjected to breach and pertinent remedies when a breach takes place. The case of Canson Enterprises Ltd. v. Boughton & Co (1991) addresses a breach fiduciary obligation wherein Boughton & Company failed to disclose information on the secret profits obtained on a flip. This case dates back to May, 1977, wherein Cranso Enterpise Ltd. Entered into an agreement with Peregrine Ventures Inc. wherein it was agreed they would enter into a joint venture to purchase a piece of property and develop it.

Thursday, February 6, 2020

Conflict requiring conflict management;your manager takes you to the Essay

Conflict requiring conflict management;your manager takes you to the office to talk to you about an error.she starts shouting at you - Essay Example Conflict prevalence in movies as well as TV shows implies that disputes as well as arguments together with disagreements are both necessary and normal in life. Conflict occurs in good relationships as well as happy families and even healthy workplaces as it occurs in wacky families as well as remote islands, outer space and even in hospitals. Worth observing is the fact that conflict is neither good nor is it bad, it just is. In situations where choices have to be made disagreement is inevitable. Handling such differences in opinion in a proper manner derives richer as well as more effective and creative solutions which also fosters interaction. Worth acknowledging is the reality that every situation that results into differences does not always mean that such differences can be turned into opportunities. When disagreement is dealt with poorly the outcome is always contention. Contention, in the end, creates the basis for nurses’ psychological distance with the management. Thi s psychological distance constitutes feelings of dislike, alienation, competition as well as disregard. With regard to conflict management theory, the employer seems to have assumed that the employee has yielded to wrong doing. While it is true that the manager can readily perceive the undesirable consequences as well as the ugliness of escalating contention, she has not considered how unproductive and detrimental the employees withdrawing or giving in is. If the employee chose to yield to the employer’s accusations and thus her shouting, in some instances it is not only wise of the employee but honourable. However, on overall it would be detrimental for the employee as yielding will result into psychological withdrawal from the situation. The manager also seems to have opted to be aggressive in dealing with the employee. She uses threats as well as intimidation and perhaps she