Read the Case study and answer following questions.
- Pick one of Danaher’s competitors. What is the key lesson this company can learn from Danaher?
Translate the lesson into a 5-step action plan for the company
Pick a company that you like to use and reflect on the key similarities and differences to Danaher.
- Central to Danaher’s ability to grow are its historical development of capabilities in both acquisitive
and organic growth. How did Danaher develop these capabilities and what, if any, further
capabilities would have been beneficial in the past or for its future expansion? – Please link the
different elements of your answer to M&A concepts.
- How does Danaher compare to Private Equity? How could Danaher learn from Private Equity?
- What does the case tell us about Danaher’s post-merger-integration approach, and what could be
potential risks about this approach?
South African courts are obliged to give impact to the clean purpose of a testator as it appears from the testator’s will. therefore the court must supply effect to the needs of the testatrix and put into effect the bequest to the charitable companies. this case illustrates clearly that a court docket ought to provide due popularity to freedom of testation and can't alter at loose will the availability of a will. 2.three. conclusion in the South African case law, there are essential decisions wherein freedom of testation has been restrained or constrained by using human rights as formulated in not unusual law, statutory regulation or the South African charter. there was a superb impact of the constitutional rights and principles on the liberty of testation but this doesn’t imply that courts can rewrite lightly situations laid down a will. the constraints are to be discovered in legislation or in common regulation standards. the constraints can most effective be to the quantity that the dilemma is affordable and justified in a democratic society. 3. Freedom of attestation in Belgian law. three.1 Freedom of testation in Belgian regulation. As in the South African felony machine, the Belgian law of succession does not consist of any unique sections that offers with freedom of testation. however nonetheless, the precept is taken into consideration as one of the foundations of the law of succession. In book III of the Civil Code (Burgerlijk Wetboek – BW) the legislator lists the manner goods may be handed from one problem of regulation on the opposite: “Op welke wijzen eigendom verkregen wordt”. Article 711 BW gives the exclusive ways of acquiring property: “Eigendom van goederen wordt verkregen en gaat over door erfopvolging, door schenking onder de levenden of bij testament, uit kracht van verbintenissen.” Succession takes location through enforcing the desire of the testator or wherein there's no will in accordance with the regulation. The Belgian regulation of succession assumes the testamentary freedom: everyone can within certain felony limits, decide inside his testament the destination of his property for the time after his death. The right to make use of his items by way of way of testomony is consequently connected to the proper to property. that is the translation of the philosophy that the right of property would be completely not possible if one turned into no longer entitled to have complete discretion on the time of his death of his goods. the freedom of testation can be considered inside the law of succession because the counterpart of the freedom of agreement and stems from the right of property. An proprietor can freely cast off his items and consequently should in principle also determine at the fate of these goods after his loss of life. however in case the deceased has close loved ones, there are limits: part of his property, the reserve (or estate reserve, reserved proportion) is going to the near household. The testator can consequently best dispose at the rest (the to be had element). The children and the widow have a proper to a minimal percentage inside the testator’s property, which serves to restrict the testator’s freedom of disposition and freedom to apply and experience his belongings. this means additionally that the testator can limit the inheritance of the remaining surviving just like the a part of all different heirs to the reserved portion. The Belgian reserve institute could be very shielding for the heirs. until these days Belgian law become also very beneficiant in regards to the beneficiaries who can declare a part of the reserve. moreover article 900 BW limits the will of the testator if he or she wants to add not possible situations to his will as article 900 BW stipulates: “In iedere beschikking onder de levenden of bij testomony worden de voorwaarden die onmogelijk zijn, of die met de wetten of met de goede zeden strijden, voor niet geschreven gehouden.” impossible situations or those which contravene with law or moralities which e.g. restrict the selection of house or restrict a wedding are not allowed. Article 900 BW ambitions at punishing the testator, no longer the beneficiary because the beneficiary has in maximum case no function in defining the situations of a will. three.2. Freedom of attestation and bounds or regulations imposed by human rights – Belgian cases. Freedom of testation and human rights. In my studies I could not discover a case where explicitly the liberty of testation within the framework of the Belgian regulation of succession has been contested with reference to feasible infringement of human rights. There are plenty of decisions wherein courts had been known as to determine on litigation regarding the willpower and repartition of the reserved share.>GET ANSWER