Business Law

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Jeremy Jacob works as a buyer for Cranes Hardware Stores, located in Biloxi, Mississippi. On his lunch breaks, Jacob spends time on the computer sending e-mail
to his friends and occasionally playing online poker. Sometimes Jacob sends the e-mails from his personal account and sometimes when he is in a hurry, he sends
them from the account of Cranes Hardware Stores.

On Friday morning, Jacob is summoned to Human Resources where he is confronted with e-mails sent to friends containing jokes of a sexual nature. The director
also questions him about the use of the Internet to play poker and other computer games. Jacob claims he has the right to do what he wants to do on his lunch
breaks. Jacob is terminated for violating provisions of the employee handbook. The employee handbook contains the following provisions.

Cranes Hardware Stores Employee Handbook

  1. E-Mail Policy: All employees are responsible for using the e-mail system in accordance with this policy. The e-mail system is the property
    of Cranes Hardware Stores. E-mail is to be used for company business only. Use of the e-mail system for personal purposes is prohibited. Employees have no
    right or expectation of privacy in data stored in, created, received, or sent over Cranes e-mail system.



    As the owner of the e-mail system, Cranes may monitor, access, retrieve, review, and delete any information stored in, created, received, or sent over the
    e-mail system, for any reason and without the permission of the employee.



    Cranes’s policies against sexual harassment and discrimination apply to the e-mail system. Therefore, no e-mail messages should be created, sent, or
    received containing material offensive material related to race, religion, gender, age, national origin, or any other classification protected by
    law.



    Violations of Cranes’s e-mail policy may result in disciplinary action up to and including termination.
  2. Internet Policy: Although Cranes Hardware Stores acknowledges that the Internet may have useful applications to Cranes business, employees
    may only access the Internet for specific business purposes. “Surfing the net” is not a legitimate business activity.



    The company has the right to monitor any and all of the aspects of its computer system, including, but not limited to, monitoring sites visited by
    employees on the Internet, monitoring chat groups and news groups, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mail
    sent and received by users.



    Employees may not use the company’s Internet connection to download games or other entertainment software, including wallpaper and screen savers, or to
    play games over the Internet.



    Violations of Cranes’s e-mail policy may result in disciplinary action up to and including termination.
  3. Cranes Hardware Stores Dispute Resolution: All disputes arising out of the employment relationship that cannot be resolved through the
    complaint procedures will resolved through Alternative Dispute Resolution (ADR).

Consider the following situations at Cranes Hardware Stores:

Even though it was only noon, Jacob stopped by the Beer and Burger Bar, hoping a few beers would make him feel better. Several hours later when he is driving
home, Jacob is pulled over by a state trooper. Detecting a strong odor of alcohol, the officer requests that Jacob take a breathalyzer test. Jacob refuses.
Noticing a beer can on the seat of the car, the officer searches Jacob’s car. When searching the car, the officer finds a loaded pistol and some marijuana.

Three weeks after Cranes terminated Jacob, a representative from the human resources department at Rowe’s Home Supply called to obtain a reference because
Jacob applied for a job with their company.Jean Brianna, the human resources manager for Cranes answered the standard questions, but then made the following
statement.

Off the record, Jacob was terminated for a cause. Jacob is threatening a wrongful termination lawsuit. I wouldn’t hire him because he’s nothing but
trouble and we believe he was involved with drugs too.

Brianna knew the statement about the drugs was untrue, but she did not want Jacob to get the job. Rowe’s did not hire Jacob.

A new position in Internet marketing was created for Amanda Lucy, the niece of Cranes’s owner. Lucy was a junior at State University, majoring in marketing.
Lucy created a website to advertise Cranes on the Internet. She copies images from various websites and pastes them into Cranes’s site. Beth Ann is a full time
law student who works part time in the office as a bookkeeper. After reviewing the new website, Ann tells the Lucy and the general manager, Marshall, that
using some of those images and text without permission is an intellectual property violation. Lucy explains that she can use the images because everything on
the Internet is fair game and besides, she read about the fair use doctrine in her business law class and believes her use qualifies.

After Jacob resolves his issues with the state trooper, he creates a blog about his former company called Cranes Hardware Hell. The blog contained a picture of
Cranes Headquarters engulfed in flames. On the blog Jacob promises readers that he will provide various stories about what it’s like to work for Cranes and
encourages others to tell their stories. In the first article, Jacob uses pseudonyms to describe the executives and some of the managers in unflattering ways.
Another story provides details about a coworker who is having an affair with her manager.

Based on the different situations described in the scenario, create a 6- to 9-page Microsoft Word document that includes the answers to the following
questions:

  • Jacob claims the employer violated his rights. In your opinion, what are the legal rights of the employer and the employee in this situation?
    Explain. Is Jacob correct in his allegations? Why or why not?
  • Since Jacob believes he was wrongfully terminated and various rights were violated, he plans to consult with a lawyer and sue Cranes. What are
    Jacob’s options with regards to resolving his claims through the court or ADR?
  • Jacob claims the state troopers violated his rights. Do you agree?
  • Has Brianna committed any offenses? Why or why not?
  • Did Lucy violate intellectual property laws? If yes, how? If no, why not?
  • Has Jacob committed any violations in his Internet postings concerning his former company? Why or why not?
  • What are the ethical issues related to this scenario?

Support your responses with examples.

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Business Law

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To support your work, use your course and text readings and also use outside sources. As in all assignments, cite your sources in your work and provide
references for the citations in APA format.

Start reviewing and responding to the postings of your classmates as early in the week as possible. Respond to at least two of your classmates. Participate in
the discussion by asking a question, providing a statement of clarification, providing a point of view with a rationale, challenging an aspect of the
discussion, or indicating a relationship between two or more lines of reasoning in the discussion. Complete your participation for this assignment by
Wednesday, September 11, 2013.

Miracle Energy Supplement

In this assignment, you will learn about the intellectual property, international law and the role of administrative agencies in regulating and enforcing laws.

Mega Beverage Corporation will launch its new twelve-hour energy drink called the Viva in a few weeks. The company suggests a retail price of $3 for a 3-ounce
bottle; however, the retail buyers must agree not to sell the drink for less than $2.75. Although Mega offers the product for sale to retailers at the same
price, large discount stores, such as Value-Mart, and businesses that cater to teenagers are often offered free cases of the product if they purchase a certain
amount of Viva.

Mega plans to sell Viva in South America, but they are not sure if the product will require any special licensing or government approvals. Your brother-in-law
says that he knows someone in the South American government that could help you bypass any regulations for a small fee.

Nicole is a mother of two young boys. She works full time as an accounts receivable clerk and takes classes online to finish her degree in public
administration. While glancing at the television late one night after putting the kids to bed, she hears about a new energy drink that helps people stay awake
longer with more energy. The commercial promotes the supplement as containing natural ingredients, which include niacin, vitamin B6, vitamin B12, and a blend
of various elements, including caffeine; however, the amount is not specified.

The advertisement claims Viva is safe and consuming the product would not result in any negative side effects. The drink comes in two flavors, coffee and
grape. Nicole believes this new product might help her stay awake longer so she will have time to complete her chores, spend time with her kids, and finish her
homework.

The next day, Nicole purchases twelve bottles of the coffee flavored Viva. Nicole consumed a bottle every day around noon for a whole week and felt the rush of
energy. She was able to stay up late and felt like a superwoman. After several weeks, Nicole found that she needed to drink two bottles a day to maintain the
same energy levels. However, on the days she consumed the drink, she started to suffer from severe headaches and nausea. Nicole begins to wonder if the drink
is safe and firmly believes the advertising was misleading. She considers filing a lawsuit, but remembers something from her business law class about two
government agencies that might be able to help her and prevent others from being tricked into buying this dangerous product.

Using the South University Online Library or the Internet, research and read about the lawsuits filed against energy drink manufacturing companies or other
deceptive advertising lawsuits such as weight loss supplements.

Based on your research, understanding, and the scenario, answer the following questions:

  • What violations has Mega Beverage Company committed in its dealings with the retailers?
  • Is Mega Beverage Company’s current plan to distribute products in South America legal and ethical? Why or why not?
  • Which are the two government agencies that might be able to assist Nicole? How would they be able to help Nicole?
  • How would an administrative agency handle Nicole’s complaint? What would be the possible challenges by Mega Beverage Company and the possible
    outcome?
  • In one paragraph, summarize the case you found related to energy drinks or deceptive advertising of other products.
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Business Law

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See attached –
MASTER OF BUSINESS ADMINISTRATION (MBA)
BUSINESS LAW FOR MANAGERS
Assignment No.

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MASTER OF BUSINESS ADMINISTRATION (MBA)
BUSINESS LAW FOR MANAGERS
Assignment No.3
Teddy and Tony are the proprietors of T & T agencies registered as a business name and deals with supplies business. On or around May 2011, they were contracted by ECL ltd for the supply of staff uniforms as follows:-
115 pieces of medium size short-sleeved off /cream shirts @362/= 41,630/=
100 pieces of large sized regular short-sleeved off white/cream @362/= 36,200/=
140 pieces extra large regular short-sleeved off white/cream shirt @362/= 50,680/=
25 pieces xx large regular short-sleeved off white/cream shirt @ 362/= 9,050/=
Total 137,560/=
Plus 16% Sales TAX 22,009/=
Total 159,569/=
It was a term of the contract ((via quotation) from T& T agencies that all deliveries were to be made within 14 days upon payment of 50% of total cost of the shirts.
T & T agencies were paid 79,784/= as deposit on 17th July 2011.On September 2011, T & T supplied 100 shirts valued at 36,200/=.
Four months since the last part delivery, ECL Ltd has not received the remaining balance of shirts from T&T agencies. Efforts by ECL Ltd to contact Teddy and Tony have not been successful. ECL Ltd management does not know what to do from here and have sought your opinion as to whether the contract entered into is valid or not and whether they have any remedy in law. Offer your opinion.

Instructions:
Assignment carries 30 marks
Essay form in no less than three (3) pages
Due date:23nd October 2012

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business law

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by Text-Enhance” id=”_GPLITA_1″ style=”text-decoration:underline” href=”#” in_rurl=”http://i.trkjmp.com/click?v=QVU6MjE0ODE6NjpzdWJtaXQgeW91cjo5ZTA0OTRlYTM5NzljZmVlOGUxY2YyZjkzMjczODFkYzp6LTExMjEtMzAyMDk6d3d3LnRyYW5zdHV0b3JzLmNvbToxMjU3MjppbWFnZV9vbmx5″ in_hdr=”null”>Submit your deAssessment Value: 20%Instructions:1. This research assignment is to be submitted in accordance with the HolmesInstitute submission policy.2. Due date of submission is 5pm, Friday 21st September 2012.3. Late submission will be treated in accordance with the Holmes Institutesubmission policy.4. This assignment consists of two questions. Each question is worth 10 marks.5. Maximum marks available are 20 marks.6. You should refer to the prescribed textbook, other recommended textbook, andrelevant Acts and cases in your answer.7. Maximum word length is 2000 words.Student Name:………………………………………………(Block letters)Student Number: Question 1A Sydney tramway passenger was injured in a collision with another tram, which occurredafter the driver collapsed at the controls. The plaintiff argued that the collision could havebeen avoided if the tramway authority had fitted the tram with a system known as ‘deadman’s handle’, a system in use on Sydney’s trains. This would have stopped the tram andavoided the accident. The device had been rejected by the tramway authorities because itwas felt that it could cause drivers to become tired, irritated and inefficient. There was noevidence of any similar device in use on two-man trams anywhere in the world. Will theplaintiff succeed in his negligence claim? Explain your reasoning.Question 2Jonas was employed by Rapid Couriers as a courier. His father was employed at the samecompany and worked with his son. One day while making a delivery, the son lost sight ofhis father, who was directing him, and accidentally ran over him. Discuss whether thefather would successfully sue his employer.tailed question here…

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business law

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this is question of business law i want answer of all question with explanation

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GM06
Business Law
Assignment No.I
Assignment Code: 2011GM06A1 Last Date of Submission: 31st March 2011
Maximum Marks:100
Attempt all the questions. All the questions are compulsory and carry equal marks.
Section-A
Ques. 1 Keshav, a singer, enters into a contract with India Habitat Centre to sing during dinner
hours, at the latter’s restaurant every Monday, Wednesday and Friday for a period of
three months. It is agreed that Keshav will be paid Rs.400 for each evening’s
performance. The payment is to be made at the end of each month. This arrangement
is to begin on Ist July and end on 30th Sept. On the last Friday of July, Keshav willfully
absented himself. The management of IHC was furious. They now intend to

a.cancel the contract
b.make no payment to Keshav for the month of July
c.claim compensation from the singer.

Can the management of IHC take these actions?
Ques. 2 Explain the circumstances under which a surety may be discharged from the liability by
the conduct of the creditor.
Ques. 3 Explain what is meant by “Void”, “Voidable,” “Illegal”, and “Valid” contracts. Briefly refer
to the rights of parties under such agreements.
Ques. 4 Discuss the different sources of Indian business law.
Section-B
CASE:

(a) A guest, arriving late for dinner at a Hotel, saw a number of ladies coats left in an ante-room which was previously used as supervised cloak room. At that time however, there was no attendant in the room. Nevertheless, she left her mink coat with the other coats. Whilst she was dining, the coat was stolen. Is the hotel owner liable for the loss?

(b) A , a merchant entrusts B, his agent, with a bill of lading relating to certain goods and instructs B not to sell the goods for less than a certain price, and not to give credit to D. B sell the goods to D for less than that price and gives D three month’s credit advise A.

GM06
Business Law
Assignment No.II
Assignment…

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Business law

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AlexJun 03, 2012 12:04 AM

margaret own a antique store that

Margaret owned an antique store that specialised in rare porcelain dolls.

When she opened the business in 1989, it was at a shop in an eastern

suburb of Melbourne. In 1999 she started to advertise on the Internet and

by 2006 the business had grown to the point where she needed help to

keep the business going. After a family discussion one night at the kitchen

table in July 2006, it was agreed that Margaret would probably keep the

business going for another couple of years and then retire. Emily, her

youngest daughter and aged 16, would work in the shop as long as was

needed and in return, she would receive any unsold dolls. When Margaret

retired at the end of 2009, she decided that she would give the unsold

stock to charity and they could auction it and keep the proceeds.

Discuss.

In your answer, include a discussion on “consideration”, and “promissory

estoppel”.

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    Business Law

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    This is the first 4 questions. There are 8 questions in total. I’ll send later

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    Business Law 1
    On January 1, Paul Purchaser contacts seller Sam and indicates that he is interested in purchasing Sam one acre parcel of white acre Farms for $75,000.00. On January 15, Paul appears at the doorstep of Sam with $75,000.00. Sam refuses to tender title. In an action for specific performance against Seller Sam, what principle will the court rely upon in favoring for Sam.
    Provide any plausible basis that Paul could possibly win in an action for specific performance. (Without giving you the answer, it is permissible for this sub-question to interject facts necessary for Paul to prevail).
    Susan and Harold are the owners of Skilletacre a large tract of land situated in Southern Ohio. One day, Gary from Massachusetts informed Susan and Harold that he would give Susan and Harold $150,000 for the deed to Skilletacre. However, Gary premised the proposition that he would only tender $150,000 if he could get a commitment from Harold that every time Gary’s daughter and son in law were in need of loan for $500.00, Harold would loan them $500.00 and in assurance Gary would guaranty re-payment of the loan within six weeks.
    What is the condition precedent? What is the bilateral contract?
    Alina and Charlie entered into a contract for the sale of real property. Prior to the formation of the contract, Charlie, the Seller, indicated to Alina that Charlie’s property included the 200 feet to Mrs. Smith’s apple tree, the 100 feet to the street, 300 feet to Mr. Jones’ home and 500 feet to the “tree line”. If a court later found that Alina was obligated to go forward with the contract in the context of any dispute arising from the dimensions of the property, for what legal doctrine would the court apply. Alternatively, please explain how a court might rule in Charlie’s favor applying the mistake doctrine.
    One day Jessica was making chip cookies, and as it was time to put the cookies into the overn, Jessica realized that she was out of butter (butter is evidently a…

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    Business Law

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    For five years, baby-food makers Baby-One Corporation and Baby-B-Mine, Inc., bith use the phrase “Tastes Good” on their labels. Baby-One files suit against
    Baby-B-Mine, claiming trademark infringement. Baby-B-Mine argues that the phrase is not generally assiciated with any particular firm, pointing to other
    companies that use the same phrase on their labels. In whose favor is the court most likely to rule, and why?

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    Business Law

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    third type of tort, strict liability. In the world of current events, discuss a fact situation that would fall within the definition of liability without
    fault. Clearly spell out why it is strict liability rather than negligent or intentional.

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    business law

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    Racer contracted in writing to drive Owner’s one-of-a-kind, specially designed championship race car in the Miami 500 Race on July 15 for a
    fee of $2500. On July 1, the race car was destroyed in an accidental fire in a storage warehouse. Owner owns no other race cars, so Owner considered the
    contract discharged. Racer claimed that she is still entitled to the $2500 fee because she and Owner had a valid enforceable contract.

    Compare and contrast the rights and obligations of Racer and Owner under the contract as of July 1.


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    Business Law

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    Analyze the ways in which managers could use the Federal Register to determine the single most significant challenge associated with its use, and how managers
    could address that challenge. Provide specific examples to support your response




    From the e-Activity, discuss how managers could best leverage the Federal RegisterAf?cAc‚¬Ac„?cs Website. Provide specific examples to support your response.


    E-activity discussion:

    Go to the Federal RegisterAf?cAc‚¬Ac„?cs Website, located at http://www.gpoaccess.gov/fr/. Conduct a quick search on a term of your choice (e.g.,
    credit report, education standards, or sales tax). Read about one new regulation or pending regulation pertaining to your term of choice




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    business law

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    Answer all 4 questions.

    1.Margaret
    owned an antique store that specialised in rare porcelain dolls. When she
    opened the business in 1989, it was at a shop in an eastern suburb of
    Melbourne. In 1999 she started to advertise on the Internet and by 2006 the
    business had grown to the point where she needed help to keep the business
    going. After a family discussion one night at the kitchen table in July 2006,
    it was agreed that Margaret would probably keep the business going for another
    couple of years and then retire. Emily, her youngest daughter and aged 16,
    would work in the shop as long as was needed and in return, she would receive
    any unsold dolls. When Margaret retired at the end of 2009, she decided that
    she would give the unsold stock to charity and they could auction it and keep
    the proceeds. Advise Emily.

    2.Richard,
    an impoverished university student, and his millionaire father enter into an
    arrangement where Richard agrees that he will keep the front- and backyards of
    the family property mowed, and he will ‘do a bit’ to keep the gardens looking
    tidy. In return, his father agrees to pay him a weekly allowance of $200. His
    father had previously used a garden contractor to do the job and paid him $350.
    They live on a one-hectare property, and the mowing alone takes half a day a
    week. After four weeks, Richard’s father tells him that he can’t afford to pay
    $200 a week. He says that Richard should be doing the work for nothing, as it
    is the responsibility of the whole family to look after the property; besides,
    he says, Richard is getting free board and lodging. Advise Richard.

    3.Jenny
    received a circular from Beauty and the Beast Hair Salon advertising massages
    and manicures for $10. Realising that this was an exceptionally good deal, but
    not surprised because she knew that they had only just opened and were running
    a number of good opening specials, she rang and made a booking. When Jenny
    arrived at the salon she was told that there had been a mistake on the circular
    and it should have said $100. The manager of the salon explained that this was
    still a good price because normally a massage and manicure would have cost
    $150. Jenny was furious, as it had taken her 30 minutes to get to the shop by
    car and if she had known it would cost $100, she would never have made the
    booking. Advise Jenny. Would your advice have been any different if Jenny had
    the massage and manicure before being told that the cost was $100? Would she
    have to pay the full price?

    4.Bruce,
    while he was so drunk that he didn’t know what he was doing, bid successfully
    at an auction for the purchase of a house. It was clear to the auctioneer that
    Bruce didn’t know what he was doing. However, after Bruce sobered up he
    confirmed the contract with the auctioneer. He then subsequently refused to
    complete the contract. Is Bruce bound?

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    business law

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    Q1. X , who is not a shareholder in a company sent a notice to the company, sent a notice to thecompany of his candidature for the office of director in the place of a retiring director at theensuring annual general meeting of the company. The same company received another noticefrom Y, a member, holding only one share signifying his intention to propose the candidate of Zfor the office of director in place of retiring director. As a secretary of the company how will youdeal with this notice ? can any member present at meeting propose the aforementioned proposalsfor the consideration at the meeting?

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    SVKM’s NMIMS School of Distance Learning Course: Business law SEM -IV Programme PGDBM /PGDHRM /PGDMM /PGDFM /PGDBFM /PGDSCM /PGDITM Assignment Marks: 30 Instructions: • All Questions are Compulsory & carry equal marks. • All answers to be explained in not more than 1000 words. Use examples as far as possible. • All answers to be written individually. Discussion and group work is not advisable. • Copying from websites or e-books will carry negative marks. Q1. X , who is not a shareholder in a company sent a notice to the company, sent a notice to the company of his candidature for the office of director in the place of a retiring director at the ensuring annual general meeting of the company. The same company received another notice from Y, a member, holding only one share signifying his intention to propose the candidate of Z for the office of director in place of retiring director. As a secretary of the company how will you deal with this notice ? can any member present at meeting propose the aforementioned proposals for the consideration at the meeting? ********************

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    Business Law

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    Olaf, an executive with Product Distribution, Inc., has to decide whether to market a product that might have undesirable side effects for a small percentage
    of users. What is the balance that must be struck in deciding whether to sell the product? How does the standard of ethics that is applied affect this balance?


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    business law

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    Flush O, a strong toilet bowl cleaner, states clearly on the package that it is poisonous. However, the cap is easy to remove. A small child opens a bottle left in the bathroom cabinet, drinks the Flush O, and is injured. Discuss whether the parents will likely prevail in a lawsuit against Flush O. Include a discussion of the cause of action and any defense. (10pts)

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    Business Law

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    Old Oak Brewery, Inc., makes and sells alcholic beverages with labels that display a drawing of a squirrel making the gesture generally known as “giving the
    finger”. Old Oak applies to the Ohio State Liquor Authority (OSLA) for brand-label approval to sell the beer in Ohio. Without cinsidering alternatives, OSLA
    denies approval because “the label could appear in grocery stores, with obvious exposure on the shelf to children of tender age.” Why would a court hold that
    the denial of Old Oak’s application violates the First Amendment?

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    Business Law

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    Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik’s inventory control system. Retail Outlets, Inc,
    Quik’s competitor, induces Sam, a Precise subcontractor who is writing code for the Quik software, to delay delivery of the code for one week. As a result,
    Precise’s delivery of the software is delayed, and Quik sustains $500,000 in lost profits. On what ground could Quik recover damages from Retail Outlets?

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    Business Law

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    Problems: Chapters 9, 10, 11, and 121) Using the Module 3 text readings, course Web site links, the GCU library, the Internet, and/or other sources of literature as needed, complete the following problems:a) Chap. 9 – “Problems and Problem Cases”, Problems 9 and 10 (p. 306)b) Chap. 10 – “Problems and Problem Cases”, Problem 6 (pp. 321-322)c) Chap. 11 – “Problems and Problem Cases”, Problem 7 (p. 341)d) Chap. 12 – “Problems and Problem Cases”, Problem 10 (p. 359)2) Responses should not typically exceed 200 words for each problem and should contain citations from relevant sources if applicable.

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    Problems: Chapters 9, 10, 11, and 121) Using the Module 3 text readings, course Web site links, the GCU library, the Internet, and/or other sources of literature as needed, complete the following problems:a) Chap. 9 – “Problems and Problem Cases”, Problems 9 and 10 (p. 306)b) Chap. 10 – “Problems and Problem Cases”, Problem 6 (pp. 321-322)c) Chap. 11 – “Problems and Problem Cases”, Problem 7 (p. 341)d) Chap. 12 – “Problems and Problem Cases”, Problem 10 (p. 359)2) Responses should not typically exceed 200 words for each problem and should contain citations from relevant sources if applicable.3) Complete the problems for each chapter first by stating the question(s) you are addressing, then by stating your responses. All problems and answers should be turned in on the same page/document.4) Prepare this assignment according to the APA guidelines found in the GCU APA Style Guide, located in the Student Success Center. An abstract is not required.5) Submit the assignment to the instructor by the end of Module 3.9. Stephen Gall and his family became ill after drinking contaminated water supplied to their home by the McKeesport Municipal Water Authority. They filed suit against the utility, arguing, among other things, that the utility had breached the UCC impliedwarranty of merchantability when it sold them contaminated water. The utility moved to dismiss their complaint, arguing that since water was not “goods,” the UCC did not apply. Should the Galls’ complaint be dismissed?10. In 1994, Schumacher and his wife and their two daughters moved to Finland, Minnesota, to operate a bar and restaurant called the Trestle Inn, which was owned by his parents. Schumacher claims that his parents induced him to leave his previous job and tomake the move by orally agreeing to provide him a job managing the inn for life and to leave the business and a large parcel of land to him when his first parent died. Schumacher was given free reign in managing the inn and was allowed to retain…

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    Business law

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    Compare and contrast the rights and possible liabilities for a merchant selling goods in “As Is”? condition with the rights and possible
    liabilities for selling goods with an express warranty stating, “This product is quality Grade A”?.

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    Business Law

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    Business Law
    Question Detail:

    1. Carlton executed and delivered to Raymond a $1,000 negotiable note payable to Raymond or bearer. Raymond then negotiated it to Fred and endorsed it on the back by merely signing his name. Which of the following is a true statement?

    a. The instrument is bearer paper, and Fred can convert it to order paper by writing pay to the order of Fred above Raymond s signature.

    b. Raymond s endorsement was a special endorsement.

    c. The instrument was initially bearer paper and cannot be converted to order paper.

    d. Raymond s endorsement was necessary to Fred s qualification as a holder.

    2. Under the Secured Transactions Article of the UCC, which of the following remedies is available to a secured creditor when a debtor fails to make a payment when due?

    Proceed Obtain a General

    against the Judgment against

    Collateral__ the Debtor_

    a. Yes Yes

    b. Yes No

    c. No No

    d. No Yes

    3. On July 27, 2011 Summerson sent Fallson a letter offering to sell Fallson a vacation home for $150,000. On August 2, 2011 Fallson replied by mail agreeing to buy the home for $145,000. Summerson did not reply to Fallson. Do Summerson and Fallson have a binding contract?

    a. Yes, because Summerson s silence is an implied acceptance of Fallson s letter.

    b. No, because Fallson failed to sign the letter that was sent by Fallson.

    c. No, because Fallson s letter was a counteroffer.

    d. Yes, because Summerson s offer was validly accepted.

    4. Cindy, Odsen Corp. s agent, needs a written agency agreement to

    a. Hire an attorney to collect a business debt owed Odsen.

    b. Purchased an interest in undeveloped land for Odsen.

    c. Retain an independent general contractor to renovate Odsen s office building.

    d. Enter into a series of sales contracts on Odsen s behalf.

    5. A party who filed a financing statement covering inventory on April 1, 2010 would have a superior interest to which of the following parties?

    a. A holder of a mechanic s lien whose lien was filed on March 15, 2010.

    b. A judgment lien creditor who filed its judgment on April 15, 2010.

    c. A holder of a purchase money security interest in after-acquired inventory filed on March 20, 2010.

    d. A purchaser in the ordinary course of business who purchased on April 10, 2010.

    6. In determining whether the consideration requirement to form a contract has been satisfied, the consideration exchanged by the parties to the contract must be

    a. Fair and reasonable under the circumstances.

    b. Legally sufficient.

    c. Exchanged simultaneously by the parties.

    d. Of approximately equal value.

    7. Pavers Roadway, Inc., contracts with Best Building Corporation to repave Best Building Corporation’s parking lot. The elements of a contract do not include

    a. consideration.

    b. contractual capacity.

    c. legality.

    d. practicality.

    8. Holly writes a check on her account at Investment Bank to Jerry to pay a debt. Jerry negotiates the check by indorsement to Kelly, who negotiates the check by indorsement to Lisa, who presents it for payment to Interstate Bank. Holly is

    not liable for payment under any circumstances.

    primarily liable.

    secondarily liable.

    simultaneously liable.

    9. Holly writes a check on her account at Investment Bank to Jerry to pay a debt. Jerry negotiates the check by indorsement to Kelly, who negotiates the check by indorsement to Lisa, who presents it for payment to Interstate Bank. If Investment Bank dishonors the check, Lisa can obtain payment from Jerry

    if Lisa timely notifies Jerry.

    only if Holly refuses to pay the check.

    only if Holly and Kelly refuse to pay the check.

    under no circumstances.

    10. Nora enters into a contract with Owen’s Transport Company for the delivery of a shipment of fresh produce. If ambiguities appear in the contract, they will be construed against

    a. the party who drafted the contract.

    b. the party with the greater bargaining power.

    c. the promisor.

    d. the promisee.

    11. On November 1, 2013, Ted sent by overnight mail a letter to Zena in which Ted offered to sell a rare vase. The offer requested that Zena s respond by telegram and that the response be sent on or before 5:00 p.m. on November 2, 2013. On November 2, 2013 at 3:00 p.m., Zena sent an acceptance by overnight mail. It did not reach Ted until November 5, 2013. Ted refused to complete the sale to Zena. Is there an enforceable contract?

    a. No, because Zena did not accept by telegram.

    b. No, because the offer required receipt of the acceptance within the time specified.

    c. Yes, because the acceptance was effective when sent.

    d. Yes, because the acceptance was made within the time specified.

    12. Mary promises to pay her assistant Ned $10,000 in consideration of the services he provided over the years. Mary never pays Ned. Mary is

    a. liable for payment of the $10,000.

    b. liable only if Ned still works for Mary.

    c. not liable, because the consideration is in the past.

    d. not liable, because the consideration was unintentional.

    13. Collection of EZ Sales Company’s debt to First Storage Corporation is barred by a statute of limitations. A new promise by EZ to pay the debt

    a. may become enforceable if payments are made.

    b. must be in writing.

    c. requires consideration.

    d. will not revive the obligation.

    14. Auto Body Repair Shop (ABRS) promises to pay Ben $1,000 a week to work for ABRS. Ben accepts and quits his job with Car Care Service. ABRS fails to provide a job for Ben. Ben has a cause of action based on

    a. an illusory promise.

    b. a release.

    c. past consideration.

    d. promissory estoppel.

    15. Pat, a world famous musician and composer, agrees to give ten piano lessons to Quinn in exchange for $1,000. Pat’s attempt to delegate his contract to Ruth, an inexperienced pianist, will probably be

    a. permitted because contracts may be freely delegated.

    b. permitted because the contract is concerned with music lessons.

    c. prohibited because contracts may not be freely delegated.

    d. prohibited because Pat and Ruth have very different skill levels.

    16. Jill and Karl contract for the sale of Jill’s horse for $1,000. Unknown to either party, the horse has died. Karl is

    a. entitled to another horse of equivalent value.

    b. not required to pay due to the mutual mistake.

    c. not required to pay due to the unilateral mistake.

    d. required to pay because he assumed the risk the horse might die.

    17. Alpha Company offers to sell Beta, Inc., 1,000 computers for a $1 million, states that the offer will be open for six days, and asks for a response by fax. On the fourth day, Beta sends an acceptance to Alpha via the mail, which is received on the sixth day. In this deal

    a. a contract is formed.

    b. no contract is formed, because Alpha asked for a response by fax.

    c. no contract is formed, because Alpha received the acceptance late.

    d. no contract is formed, because Beta sent the acceptance late.

    18. Holly writes a check on her account at Investment Bank to Jerry to pay a debt. Jerry negotiates the check by indorsement to Kelly, who negotiates the check by indorsement to Lisa, who presents it for payment to Interstate Bank. If Investment Bank dishonors the check, Lisa can obtain payment from Kelly

    if Lisa timely notifies Kelly.

    only if Holly refuses to pay the check.

    only if Holly and Jerry refuse to pay the check.

    under no circumstances.

    19. Furnishings, Inc., agrees to lease a desk to Better Resources, Inc. (BRI), which requests that the desk be left outside City Warehouse for BRI to pick up. Before BRI retrieves the desk, it is stolen. The loss is suffered by

    a. A-1 Furnishings and BRI, but not City Warehouse.

    b. A-1 Furnishings, BRI, and City Warehouse.

    c. A-1 Furnishings only.

    d. BRI only.

    20. John, the secured party, perfects its security interest by filing a financing statement. What is the effect of perfection of John s security interest?

    a. The secured party has priority in the collateral over most creditors who acquire a security interest in the same collateral after the filing.

    b. The security interest becomes enforceable against the debtor.

    c. The debtor is protected against all other parties who acquire an interest in the collateral after the filing.

    d. None of the above.

    21. Ample Country Stables contracts to buy 1,000 horseshoes from Blacksmith, Inc., for $1 per shoe. When the market price decreases to 50 cents per shoe, Ample refuses to go through with the deal. Blacksmith can recover

    a. $1,500.

    b. $1,000.

    c. $500.

    d. 0.

    22. Farm Equipment, Inc., makes farming machinery. Gail discovers that her Farm Equipment tractor is defective and sues the maker for product liability based on negligence. To win, Gail must show that

    a. Farm Equipment sold the tractor to Gail.

    b. Gail knew and appreciated the risk caused by the defect.

    c. Gail suffered an injury caused by the defect.

    d. the “defect” was a commonly known danger.

    23. Ida signs a check payable to Jane and gives it to her. Jane indorses the back, and transfers the check to Kyle. To negotiate the check to Leo, Kyle must

    a. indorse “Kyle” on the back and deliver the check to Leo.

    b. indorse “pay to the order of Leo [signed] Kyle” on the back and deliver the check to Leo.

    c. only deliver the check to Leo.

    d. transfer the check through the drawee bank.

    24. Local Appliance Store, the secured party, sells a refrigerator to John, a consumer, for the use of John s family. John signs a sales agreement, a loan note, and a security agreement. Local Appliance Store fails to file either the security agreement or a financing statement with the secretary of state. Which of the following statements is accurate?

    a. The secured party has priority in the collateral over most creditors who subsequently acquire a security interest in the same collateral.

    b. The security interest is not enforceable against the debtor.

    c. The security interest is not enforceable against subsequent creditors.

    d. The assets subject to the security interest cannot become part of the bankruptcy estate in the event the creditor files an involuntary petition against the debtor.

    25. Ruth, a minor, charges groceries at Sam’s Mini-Mart. Two days later, Ruth disaffirms the purchase. Ruth owes Sam’s Mini Mart

    the reasonable value of the groceries.

    the retail value of the groceries.

    the wholesale value of the groceries.

    26. With regard to a prior perfected security interest in goods for which a financing statement has been filed, which of the following parties is most likely to have a superior interest in the same collateral?

    a. The trustee in bankruptcy of the debtor.

    b. Lien creditors of the debtor.

    c. A buyer of goods in the ordinary course of business.

    d. A subsequent buyer of consumer goods who purchased the goods from another consumer.

    27. Beth is convicted of arson for burning down her warehouse.. On an application for insurance from Cover-All Insurance Company on a new building, in answer to a question about prior convictions, Beth does not disclose her conviction. This makes the contract

    binding because the omission is immaterial to Cover-All’s decision to issue coverage.

    binding due to Cover-All’s failure to discover Beth’s conviction.

    voidable by Beth because the omission is immaterial to Cover-All’s decision to issue coverage.

    voidable by Cover-All because the omission is material to its decision to issue coverage.

    Fact Pattern for Question 28

    Fred enters into a contract under Gene’s threats. Later, Fred refuses to perform, claiming that he acted under duress.

    28. Refer to Fact Pattern B. Gene sues to enforce the contract. In order for Fred to establish duress, Gene must have threatened

    a. a civil suit.

    b. a lost opportunity.

    c. a social snubbing.

    d. a wrongful act.

    e. none of the above.

    29. Century Properties. Inc., and Dandy Capital Corporation enter into a contract for a sale of land. To be enforceable, the contract must be in writing

    Only if the land is valued at $50 or more.

    Only if the land is valued at $500 or more.

    Only if the land is valued at $5,000 or more.

    In any case.

    30. Timber Trees, Inc., and Land Corporation enter into an oral contract for Timber Trees, Inc. to sell its lumber mill to Land Corporation . Before Land Corporation takes possession, this contract is enforceable by

    either party.

    neither party.

    Timber Trees only.

    Land Corporation only because only the buyer can get specific performance.

    31. Lola agrees to pay Mira’s debt to New Sales Corporation if Mira does not pay it. Lola does not get any personal benefit for or from the agreement. To be enforceable against Lola, the promise must be in writing

    if the debt is paid by Mira.

    if the debt is for at least $50.

    if the debt is for at least $500.

    in any case.

    Fact Pattern for Question 32

    Macro Marketing, Inc. (Macro), and National Food Corporation (NFC) discuss the terms of a contract under which NFC is to provide personal services to Macro. The next day, Macro faxes NFC a memo on Macro’s letterhead that summarizes the items on which they agreed, including a two-year term. NFC immediately begins to perform, but Macro refuses to pay. NFC promptly institutes a law suit seeking damages.

    32. Refer to Fact Pattern for question 32. The contract between Macro and NFC is

    subject to the Statute of Frauds collateral-promise provision, and is probably unenforceable.

    subject to the Statute of Frauds services rule, and is probably enforceable.

    barred by the statute of limitations, and is therefore probably unenforceable.

    subject to the Statute of Frauds one-year rule, and is probably unenforceable.

    Fact Pattern for Question 33

    Jeff and Kris sign a written contract for the sale of Jeff’s Koffee Kiosk to Kris. The parties intend their written contract to be a final statement of the terms of their agreement.

    33. Refer to Fact Pattern for question 33. Kris later disputes some of the provisions of the deal with Jeff. The dispute results in litigation, and the court finds the terms of the agreement are ambiguous. The court will most likely

    exclude evidence that buttresses the written terms.

    exclude evidence that contradicts the written terms.

    allow evidence that explains the terms.

    dismiss the action because there was a lack of mutual asset and no contract was formed.

    34. Tom dies owning stock as joint tenant with right of survivorship with his son, having bank accounts in his name in trust for his daughter, and owning real estate as tenants by the entirety with his wife. The trustee of Tom s revocable trust holds title the rest of his assets. Under the terms of the revocable trust, all assets of the trust will be distributed to Tom s son and daughter on Tom s death. Tom s wife, son and daughter survive him. Under the terms of Tom s will, Tom leaves all of his property to his mother, who also survived him. Tom died

    a. intestate.

    b. without any probate assets.

    c. with a last will that will controls the disposition of his assets.

    d. None of the above.

    35. Manny, as buyer, wants to transfer his rights under a written real estate contract with Nila, as seller, to Opie. To ensure that the transfer of rights is valid, Manny must

    have this right expressly stated in the contract.

    file a notice of assignment in the public records.

    have the contract recorded in the public records.

    none of the choices.

    36. Rural Development Corporation (RDC) and Sid enter into a contract for the clear-cutting of RDC’s fifty-acre tract for which RDC agrees to pay Sid. Sid is the owner of Timber Logging Company. Sid transfers his duty to log the tract under the contract to Timber Logging Company. Timber Logging Company is

    a delegatee and is subject to the terms of the agreement between RDC and Sid.

    a delagetee and is not entitled to collect under the contract from RDC for services provided by Timber.

    an obligee and is not required to perform under the contract.

    a prohibitee.

    37. Mke, a physician, renders aid to Nancy, who is injured and unconscious after an avalanche. Mike can recover the cost of the aid from Nancy

    even if Nancy was not aware of the aid when it was given.

    only if Nancy recovers because of the aid.

    only if Noel was aware of the aid at the time it was given.

    under no circumstances.

    38. Pat, a world famous musician, agrees to give ten piano lessons to Quinn in exchange for $1,000. Pat’s attempt to transfer his contract duties to Ruth, an inexperienced pianist, will probably be

    permitted because contracts may be freely delegated.

    prohibited in this case unless the contract expressly permits delegation.

    permitted if the contract is silent on the issue.

    prohibited in any case.

    39. Chaz and Dolly enter into a five year contract under which Chaz agrees to provide maintenance services for Dolly’s Ski Resort. Chaz transfers his rights and obligations under the contract to Mark. Mark

    performs

    under the contract, and Dolly is aware of the Mark s performance of the contract. However, Dolly refuses to pay Mark. Assuming Mark s services are properly performed and Mark sues Dolly, Mark

    a. will be successful in enforcing the contract if performance depends on the personal skills or talents of the obligor.

    b. will probably not be able to recover under the express terms of the contract.

    .

    c. may be able to recover the value of his services.

    d. may not recover.

    40. On August 1, 2010 Delia and Edwin entered into an agreement for Edwin to lease Delia s country home for two months during the following summer for $1000 per month. Delia promised to vacate the property for Edwin by July 1, 2011 with the lease to begin on July 1, 2011. If these promises are not in writing, they are most likely

    none of the above.

    41. To avoid liability for intentional injuries, Power Corporation includes in its contracts an exculpatory clause. This is

    enforceable if the other parties are protected from liability.

    enforceable if the other parties sign the contract.

    enforceable if the other parties have equal bargaining power.

    not enforceable.

    42. MicroCorp hires Nick to work for one month at a weekly salary of $400. A MicroCorp representative orally agrees two weeks later to double Nick’s salary. This agreement is

    enforceable because an employment contract is an adhesion contract.

    enforceable because the parties have executed an accord and satisfaction.

    unenforceable because Nick has incurred no additional detriment in exchange for MicroCorp’s promise.

    unenforceable because Nick’s performance is uncertain.

    43. Karen writes on a piece of paper, “I owe you $600,” signs it, and gives it to Lou. This instrument is

    nonnegotiable, because it does not recite any consideration.

    nonnegotiable, because it does not state any conditions to payment.

    d. none of the above.

    44. Pam signs an instrument payable to the order of Quick Credit, Inc., that allows a holder to demand payment of the entire amount due, with interest, if Pam fails to make a payment. This instrument is

    nonnegotiable, because a holder can move up the payment date.

    nonnegotiable, because moving up the payment date is conditional.

    nonnegotiable, because the exact payment date cannot be determined from the face of the instrument.

    45. Wyatt inherits a promissory note from Xena, his aunt. Wyatt has no notice that the note has been dishonored or is overdue. Wyatt has the rights of

    a holder and an HDC.

    a holder only.

    an HDC only.

    neither a holder nor an HDC.

    46. Kettlecorn Investment Bank, Inc., and Lone Bank are secured parties with security interests in property owned by Metal Fabrication Corporation. Priority between these security interests is generally determined by

    the amount of the claim.

    the custom in the trade.

    the time of perfection.

    the date of the loan.

    47. General Leasing Company (GLC) buys equipment for use as inventory, borrowing $1,000,000 from Helpful Finance Corporation (Helpful), with Helpful taking back a security interest in the equipment. The next day, GLC borrows $500,000 from Interstate Bank (Interstate), which loan is also secured by a security interest in the equipment. GLC defaults on both loans. Suppose that two weeks after GLC takes possession of the equipment, Helpful and Interstate file financing statements, with Interstate filing first. In that circumstance, the party with priority to the equipment is

    Helpful and Interstate proportionately.

    Helpful only.

    Interstate Bank only

    48. Which is not allowed as a federal exemption under the Federal Bankruptcy Code?

    1. A specified amount of equity in one motor vehicle.
    2. Unemployment compensation.
    3. A specified amount of value in books and tools of one s trade.
    4. All of the above are allowed.

    49. Under the liquidation provisions of Chapter 7 of the Federal Bankruptcy Code, a debtor will be denied a discharge in bankruptcy if the debtor

    1. Fails to list a creditor.
    2. Owes alimony or child support.
    3. Cannot pay administration expenses.
    4. Refuses to satisfactorily explain a loss of assets.

    50. Which of the following transfers by a debtor, within 90 days prior to the filing for bankruptcy, could be set aside as a preferential payment?

    1. Making a gift to charity.
    2. Paying a business utility bill.
    3. Borrowing money from a bank secured by a mortgage on the debtor s business property.
    4. Prepaying an installment loan on inventory.
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    business law

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    Assignment Topic Semester Two 2012 ‘Where a written contract exists, Australian courts do not provide (and should not provide) remedies for breach of any verbal promises that were made during contract negotiations, unless those verbal promises were included in the written version of the contract’. Discuss the accuracy of this statement.

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    Assignment Topic Semester Two 2012 ‘Where a written contract exists, Australian courts do not provide (and should not provide) remedies for breach of any verbal promises that were made during contract negotiations, unless those verbal promises were included in the written version of the contract’. Discuss the accuracy of this statement.Your answer should include a detailed explanation of the legal rule known as the ‘Parol Evidence Rule’, the legal concept of ‘collateral contract’, and how these approaches (and any remedies they may provide) fit together with the above statement. Your answer should also discuss whether Australian law should (or should not) provide remedies for breach of contract where the promise concerned was not included in the written contract. NOTES FOR STUDENTSThis is a Research assignment – students should not expect this material to be covered in class before the Due Date of the assignment. Students should accordingly commence their own research into the assignment topic Students must use texts, scholarly articles and reputable online resources for their research, and these items, together with relevant cases should be referred to in the research essay. The assignment must be of 2,000 to 2,500 words in length.The assignment must be typed or printed on one side only of A4 paper with 1.5 or double spacing and leaving a left-hand margin wide enough for examiners’ comments and corrections.The completed assignment must be submitted with an “Assignment Cover Sheet” available from School of Law and Faculty of Business and Law Offices and duly completed in all respects, including Tutor’s name and time and day of tutorial.The assignment must include footnotes, a bibliography and may include a synopsis.Students are advised to study the notes on assignment preparation and the notes on plagiarism contained in the Business Law Students Manual.Assignments will be marked out of a possible 25 marks.Assignments submitted after the due date…

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    Business Law

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    Mr Lim enters AlwaysCheap Supermarket and selects some groceries. He
    then proceeds to select a toaster oven. There’s a sign beside the toaster that
    says, “Items are for display purposes only”. Mr Lim ignores the sign and places
    the toaster oven in his trolley and walks to the cashier counter to pay. Upon
    reaching the counter, the cashier refuses to accept Mr Lim’s money and refuses
    to sell him the toaster oven. Mr Lim
    gets annoyed and in a huff, asks the cashier to accept the money. She refused
    to answer him and turned away. Mr Lim then says that he is going to take the
    toaster oven anyway and then throws down the money at the counter and walks off
    with the toaster oven.

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    Business Law Individual Assignment September 2012
    Weightage: 25%

    Mr Lim enters AlwaysCheap Supermarket and selects some groceries. He then proceeds to select a toaster oven. There’s a sign beside the toaster that says, “Items are for display purposes only”. Mr Lim ignores the sign and places the toaster oven in his trolley and walks to the cashier counter to pay. Upon reaching the counter, the cashier refuses to accept Mr Lim’s money and refuses to sell him the toaster oven. Mr Lim gets annoyed and in a huff, asks the cashier to accept the money. She refused to answer him and turned away. Mr Lim then says that he is going to take the toaster oven anyway and then throws down the money at the counter and walks off with the toaster oven.

    Has a contract been made between Mr Lim and AlwaysCheap Supermarket at this point?

    1) Your answer and findings must be supported adequately with relevant case law and examples.

    2) You are also required to write a 10 page report, Font 12 Arial with 1.5 spacing which will be due on the day of your presentation.

    3) Referencing must be in APA Format.

    (Total: 25 marks)

    ll be due on the day of your presentation.

    3) Referencing must be in APA Format.

    (Total: 25 marks)

    ts some groceries. He then proceeds to select a toaster oven. There’s a sign beside the toaster that says, “Items are for display purposes only”. Mr Lim ignores the sign and places the toaster oven in his trolley and walks to the cashier counter to pay. Upon reaching the counter, the cashier refuses to accept Mr Lim’s money and refuses to sell him the toaster oven. Mr Lim gets annoyed and in a huff, asks the cashier to accept the money. She refused to answer him and turned away. Mr Lim then says that he is going to take the toaster oven anyway and then throws down the money at the counter and walks off with the toaster oven.

    Has a contract been made between Mr Lim and AlwaysCheap Supermarket at this point?…

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    Business Law

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    scott spends years authoring a novel called The Great Fatsby. Scott is enraged when he discovers that his former friend, Ernest, has reproduced The Great Fatsby word for word under the name For Him the Bell Tolls. Ernest is likely liable for
    A. patent infringement. C. trademark dilution.
    B. trademark infringement. D. copyright infringement.

    If you or your compay is a victim of defamation online, your most effective current legal recourse is to sue
    A. the ISP. C. the Web site(s) where it occured.
    B. the software provider. D. John Doe

    Criminal offenses are different from other types of wrongful conduct because
    A. wrongful conduct that results in civil liability deals with wrongs committed against society as a whole.
    B. criminal liability must be proven beyond a reasonable doubt, while civil liability requires
    only proof by a preponderance of the evidence.
    C. the person who suffered harm brings suit in a criminal case, while the state manages suits in civil cases.
    D. in civil cases, parties found liable may be fined or imprisoned.

    Joe registered for the domain name waffles.com because he knew that the world-renowned restaurant, Waffles, would want to use the same domain name.Waffles could protect its
    interests in its trademarked name by
    A. filing suit under the Anticybersquatting Consumer Protection Act.
    B. filing suit under the Digital Millennium Copyright Act of 1998.
    C. filing suit for trademark dilution.
    D. seeking an online patent.

    Scud hides and waits in the bushes for Peter to walk by him. When Peter approaches,Scud jumps out and acts as if heÂ’s going to strike him with a baseball bat. Scud only
    means to scare Peter. Peter falls to the ground and breaks his arm. Peter may have a cause of action against Scud for
    A. battery. C. emotional distress.
    B. assault. D. trespass and intimidation.

    Nicole mistakenly took TedÂ’s umbrella when she was leaving a trendy nightclub. TedÂ’s umbrella looked just like hers, and Nicole didnÂ’t even realize her mistake until Ted filed suit against her. Nicole still has the umbrella. Ted most likely filed suit against Nicole for
    A. conversion.
    B. trespass to personal property.
    C. invasion of the right to privacy.
    D. intentional infliction of emotional distress.

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    Business Law

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    Fill is attached – Module 7: AssignmentsThe Legal, Ethical, and Managerial Concerns of Employee Monitoring Paper1) Submit a 1,000-1,250-word paper that identifies and examines various legal, ethical, and managerial elem

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    Module 7: AssignmentsThe Legal, Ethical, and Managerial Concerns of Employee Monitoring Paper1) Submit a 1,000-1,250-word paper that identifies and examines various legal, ethical, and managerial elements as they apply to employee monitoring.2) Cite at least 2 references that describe these concerns and how they are being actively addressed.

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    Business Law

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    Your score will be determined by evaluation of
    your substantive content. Your analysis and solutions as applicable must be
    based on the principles of law. Please describe how
    application of the principles of law to the key facts support your
    determination of the issues. You need to show the reasoning behind your
    decision.


    The length of your response should be at
    least one page.


    Key facts are those facts that determine if the
    principles of law are met. You do not need to repeat the factual scenario.
    Doing so does not meet the requirement of recognizing the key facts. You must
    still demonstrate you recognize those key facts.

    Factual Scenario: In 1972,
    Congress enacted a federal statute, called the Ports and Waterways Safety Act
    that established uniform standards for the operation of boats on inland
    waterways in the United
    States. The act coordinated its provisions
    with those of foreign countries so that there was a uniform body of
    international rules that applied to vessels that traveled between countries.
    Pursuant to the act, a federal rule was adopted that regulated the design,
    length, and size of oil tankers, some of which traveled the waters of the Puget
    Sound area in the state of Washington.
    Oil tankers from various places entered Puget Sound to bring crude oil to
    refineries located in Washington.
    In 1975, the state of Washington enacted a
    statute that established different designs, smaller lengths, and smaller sizes
    for oil tankers serving Puget Sound than
    allowed by the federal law. Oil tankers used by the Atlantic Richfield Company
    (ARCO) to bring oil into Puget Sound met the
    federal standards but not the state standards. ARCO sued to have the state
    statute declared unconstitutional. Discuss who wins, and why?

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    business law

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    Bob is at the Glen Ellyn Biceps Bodybuilding Club riding an exercise bike. The Club has a duty to maintain the equipment in an operable manner to help protect patrons from injuries. Bob, while exercising at the club, wants to change the channel on the television that is mounted high on a nearby wall. He reaches for the remote control device and finds that another member has accidentally taken the remote control and left behind a cellular phone. Bob drags the exercise bike over to the television. He stands on the seat of the exercise bike in order to reach the television, but the seat post breaks and Bob falls to the floor. Bob is injured and cannot control his temper. He puts his entire 150 pounds into destroying the bike and throws it across the room against the wall, breaking off several pieces, with the handlebars landing on the running track. Half an hour later, another patron, Randy, trips over the handlebars as he is running on the track and is injured. Randy and Bob both sue the manufacturer and the health club for their injuries. Discuss whether the plaintiffs, Bob and Randy, have a cause of action.

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    business law

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    “What specific changes, if any, would you recommend to a policy maker to increase the effectiveness of corporate governance in this post-Enron era? In answering this question, you may wish to focus specifically on issues involving boards of directors, shareholders, and the modern role of the CEO.”
    1) Set forth why your chosen policy pathway is important;
    2) Articulate your ideas on how to remedy the issue of corporate malfeasance; and
    3) Proffer some recommendations to the decision-maker about how to improve overall corporate governance.

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    Business Law

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    Here is a situation for Don and Joan who are partners for a vending cart business, which sells hotdogs on the street. Joan and Don received a mailed notice
    from the City of Richmond informing them that, due to a new City Ordinance brought about because of excessive traffic flow, licensed street vendors would no
    longer be able to set up in the immediate downtown area of Richmond. The city passed the ordinance at the last city council meeting without prior notice of any
    kind. Vendors could only sell their wares in a concentric circle some 15 blocks from the main street of Richmond. Define the constitutional law theory that
    would help Joan and Don to defeat the law and its application to their business.

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    PLEASE NOTE THE FOLLOWING INSTRUCTIONS:

    Candidates are required to write 2000 words on the topic given below. Your argument, must be supported by appropriate references. References must be cited in Harvard referencing style (eg Smith 1992) .The assignment must include a bibliography (list of references used in the assignment). The Internet may be used for authoritative reference material provided the source, author, date of access, and site address is clearly shown in footnote format.

    Assignment

    You work for an advertising company and are asked to review a holiday package from a brochure before it goes to print. You are asked to provide advice to the advertising company on the legal effect of the representations in the brochure. You are asked to produce a report for management outlining the issues relating to the brochure.

    Select a package holiday brochure. Read it and analyse it, looking to answer the following questions in your report;

    1. Identify the key information about the holiday as set out in brochure.

    2. Critically analyse the package using the principles of contract law found in case law and categorise the statements into representations, terms, conditions and warranties.

    3. Critically analyse and identify any material in the brochure which is potentially;

    · unconscionable

    · misleading or deceptive

    · false representation

    · bait advertising

    · offers gifts or prizes

    In your report explain the effect of these representations having regard to the consumer and consumer protection laws. You should outline the law relating to advertising including improper business practices, any legislation regulating advertising, unlawful sales techniques and the powers of enforcement.

    4. Critically examine the brochure and identify any exclusion or limitation clauses and explain using the principles of contract law whether the clauses would be valid.

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    Business Law

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    • Summarize how this chapter is of value to two of the following individuals:
      • A new business owner of a residential and commercial carpet cleaning service
      • The executive director of a nonprofit organization serving homeless individuals
      • A sales manager of a company making automotive pumps
      • A school superintendent of the largest district in the state
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    A state legislature enacts a statue that prohibits the advertising of video games “because the games might be harmful to minors.” Despite this new statue, the
    president of Games Marketing, Inc. (GMI), orders GMI marketers to place ads in any media. When a GMI ad appears on HDTV, a local television station, GMI and
    HDTV are charged with violating the statue. What is the defendants’ best defense against a conviction?

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    Business Law

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    Part 1.)

    1.) Explain the differences and similarities of the types of invasion of privacy.

    2.) What do lemon laws, the Magnuson-Moss Warranty Act, and general warranties have in common?

    3.) What dangers do defective products pose to the public and the legal system?

    Part 2.)

    4.) Explain the differences between intentional torts and negligence.

    5.) Whar are the differences between assault and battery?

    6.) Why are these differences important?

    Please add a research site as to where you got your answers for both parts. Thanks.

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    Business law

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    Leon, a bank vice president, joined Fitness Center, Inc. (FC). He signed a contract for the membership. The contract stated, among other
    things, an exculpatory clause that FC”?

    “shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property
    damage or loss of any kind resulting from or related to Member’s use of facilities or participation in any sport, exercise or activity within the club
    premises”?”?

    Leon sustained back injuries when a treadmill on which he was walking collapsed at FC. Leon sued FC for his injuries.

    Discuss:

    • the legal claim for which Leon should sue FC and why the claim is applicable to this case
    • the most likely outcome of Leon’s lawsuit and why
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    Business Law

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    Keshav, a singer, enters into a contract with India Habitat Centre to sing during dinner
    hours, at the latter’s restaurant every Monday, Wednesday and Friday for a period of
    three months. It is agreed that Keshav will be paid Rs.400 for each evening’s
    performance. The payment is to be made at the end of each month. This arrangement
    is to begin on Ist July and end on 30th Sept. On the last Friday of July, Keshav willfully
    absented himself. The management of IHC was furious. They now intend to

    a.cancel the contract
    b.make no payment to Keshav for the month of July
    c.claim compensation from the singer.

    Can the management of IHC take these actions?

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    Business Law

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    Your score will be determined by evaluation of
    your substantive content. Your analysis and solutions as applicable must be
    based on the principles of law. Please describe how
    application of the principles of law to the key facts support your
    determination of the issues. You need to show the reasoning behind your
    decision.


    The length of your response should be at
    least one page.


    Key facts are those facts that determine if the
    principles of law are met. You do not need to repeat the factual scenario.
    Doing so does not meet the requirement of recognizing the key facts. You must
    still demonstrate you recognize those key facts.

    Factual Scenario

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    Business Law

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    Dan, a driver for EZ Delivery COmpany, leaves the truck’s motor running in neutral and acrelessly forgets to set the parking brake while he makes a delivery.
    The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses
    onto a crane, which falls on, and injures, a bystander, Flo. What muct Flo show to recover damages from Dan?

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    There are extensive federal regulations governing airplanes and pilots. Assume that the state of New York passed a statute containing numerous
    requirements, some conflicting with federal regulations, covering operation of airplanes and licensing of airplane pilots.

    What is your conclusion about the likely outcome of a constitutional challenge to the New York statute? Describe the rationale for your
    conclusion.


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    Business Law

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    John H. Surratt was one of John Wilkes Booth’s alleged accomplices in the murder of President Lincoln. On April 29, 1865, the Secretary of War issued and
    caused to be published in newspapers the following proclamation: “$25,000 reward for the apprehension of John H. Surratt and liberal rewards for any
    information that leads to the arrest of John H. Surratt.” On November 24, 1865, President Johnson revoked the reward and published the revocation in the
    newspapers. Henry B. St. Marie learned of the reward but left for Rome prior to its revocation. In Rome, St. Marie discovered Surratt’s whereabouts. In April,
    1866 unaware that the reward had been revoked, he reported this information to U.S. officials. Based on this information Surratt was arrested. The government
    denied St. Marie the reward. Should Marie have received the reward? Explain. Be sure to include in the discussion any theories of recovery Marie would argue as
    well as those the government would use to defeat Marie. If Marie were to get the award, would he be entitled to the full $25,000? Explain. What if this had
    occurred in the year 2010 and the reward was published not in a newspaper but on the Internet as was the revocation. Would the result be the same? Would it be
    the same if the award was published on the Internet, but the revocation in the newspaper? Explain

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    business Law

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    Kindly make this 2000 words with complete refrencess.

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    HA2022 BUSINESS LAW TRIMESTER 2, 2012 RESEARCH ASSIGNMENT Assessment Value: 20% Instructions: 1. This research assignment is to be submitted in accordance with the Holmes Institute submission policy. 2. Due date of submission is 5pm, Friday 21st September 2012. 3. Late submission will be treated in accordance with the Holmes Institute submission policy. 4. This assignment consists of two questions. Each question is worth 10 marks. 5. Maximum marks available are 20 marks. 6. You should refer to the prescribed textbook, other recommended textbook, and relevant Acts and cases in your answer. 7. Maximum word length is 2000 words. Student Name: ……………………………………………… (Block letters) Student Number: Question 1 A Sydney tramway passenger was injured in a collision with another tram, which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as ‘dead man’s handle’, a system in use on Sydney’s trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause drivers to become tired, irritated and inefficient. There was no evidence of any similar device in use on two-man trams anywhere in the world. Will the plaintiff succeed in his negligence claim? Explain your reasoning. Question 2 Jonas was employed by Rapid Couriers as a courier. His father was employed at the same company and worked with his son. One day while making a delivery, the son lost sight of his father, who was directing him, and accidentally ran over him. Discuss whether the father would successfully sue his employer.

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    business law

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    After having oral sex, a lady saves the sperm of her partner. She later uses the sperm to impregnate herself. The man was totally unaware that his sperm had been saved. After the baby was born the lady sued the man for child support. The court awarded child support and visitation rights. The man felt as though he was betrayed. His wife divorced him and he suffers from severe depression. He wants to file a law suit. Which legal theory should he use to file his lawsuit?

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    Business Law

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    1. California Consumers Co. purchased from S.L.Coker an ice distributing business in the city of Santa Monica. In the purchase agreement, Coker agreed that he
    would not engage in the business of selling or distributing ice either directly or indirectly in Santa Monica, so long as the purchasers or any later
    purchasers remained in the business. Imperial Ice Co. acquired the ice distributing business from California Consumers. Coker subsequently began selling ice in
    the same territory. The ice was supplied to him by a company owned by Rosner and Matheson on very attractive terms, because they wanted to break into the
    territory. Imperial Ice sued to obtain an injunction to restrain Coker from violating his original contract. Did Rosner induce Coker to violate his contract
    and were they therefore liable for the tort of wrongful interference with contractual relations? Explain.


    2. As a beginning songwriter and performer, you are convinced that a certain model of guitar is what you need to turn the musical world on its ear. Chick’s
    Music store advertises the item but because the store is sold out when you get there, you accept a rain check signed by Daria, one of the employees. You return
    to the store one month later, but Chuck refuses to honor the rain check. Under the UCC would you win your suit to enforce the contract? Why or Why not?


    3. On May 1, you contract orally with Johnny, a salesperson with Keyboards Emporium, to buy for $450 an electric organ for your personal enjoyment with
    delivery to occur on July

    On May 15, you ask for delivery on June 1 and Johnny agrees. But delivery does not occur on June 1. The store later tells you delivery will be on July 1 as
    agreed in the first place. Under the UCC which delivery date is binding? Explain. Would there be a difference under common law contracts? Explain

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    Business law

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    Instructions: Instructions Will NOT appear under future  Modules, but the topic question will be updated each week (Instructions also listed under Syllabus, Part III, Prospectus)

     

     

     

    1. The “Discussion Question” exercises are for the purpose of integrating textbook materials with that of the other assigned materials for this class on a per Module basis.

     

    1. An important aspect of this Module Discussion is an additional exercise in preparation for the Midterm and Final

     

    1. Participation in the Discussion Question is a required assignment for all Modules.  Go to Blackboard on the CSUB Home Page (http://www.csub.edu/) and CLICK on Runner Courses (Blackboard).  You will sign in to the class and go to Discussion Board for theDiscussion Question.  You will find a threaded bulletin board for each Module.  This means that in addition to the Discussion you may also reply to your classmates’ answers.

      An asynchronous format will be followed allowing “in-put” at any time during the Discussion period.

     

    1. These exercise are graded on a credit/no credit basis (5 points deleted for not participating for each Module).  For my own personal needs I do informally score each submission as to quality of the response.  If there is closeness within grade ranges, I use my scoring in deciding final grade between the close grade ranges for each student.

     

    1. Before answering the Module Discussion Questions, please read all textbook assignments and materials for the Module before formulating your answers.  This is NOT a “shoot from the hip” exercise.

     

    6.  Also, each Module answer to the Discussion Question must include at least three paragraphs with five sentences in each paragraph for CREDIT.

    7.  Note that the due date for participating is Tuesday evening by 23:59pm.

     

    8.  If there are questions, let me know.

     

    9.  If you need help in this process, contact the CSUB Blackboard, E-Learning Services at 661.654. 2307.

     

    The Question for this Module Discussion is in three parts:

    (i) What is the purpose of applying law to business transactions and business entities?

    (ii) At what point is appropriate to create a new law addressing a business transaction and business entities?

    (iii) What is (are) the most significant ethical dilemma(s) pertaining to the life-cycle of a business transaction?  Explain.

     

     

     

     

    [REMINDER: Each Module answer to the Discussion Question must include at least three paragraphs with five complete sentences in each paragraph for CREDIT.]

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    Business Law

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    Tim and Tom are twins. They live and work near the beach and are also partners in TnT, Inc., a bicycle messenger service. When deliveries are few, especially in the summer, Tom without telling Tim, rents the extra bicycles to tourists who want to explore the resort area. Because the bicycles aren’t being used for deliveries, is it acceptable for Tom to keep the proceeds he receives from renting leasing the unused bicycles? Explain your answer based on the facts in the scenario in the context of partnership law. (Points : 25)

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    (TCO 8) Your Company, Inc. wants to do business with My Company, LLC. Because our companies are both savvy, they would like to conduct their business online. What determines the effect (or lack thereof) of the electronic documents evidencing the parties’ deal according to the Uniform Electronic Transactions Act (UETA)? Is a “signature” from one of the company’s a necessary part of the deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support your position. (Points : 25)

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    (TCO 4) Tom tells Bob that he will pay Bob $5,000 to put a cherry bomb in his gas tank so that Tom can collect money from the insurance policy on a new, cherry red sports car. If Bob carries out Tom’s wishes and places a cherry bomb in the gas tank of Tom’s car, but Tom then refuses to pay Bob, what recourse does Bob have to recover on the agreement he claims to have with Tom? Can Bob recover? Why or why not? (Points : 25)

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