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A Legal Analysis of Pricing Strategy Effects on Distribution Channels and Networks
The implications of pricing decisions have far-reaching implications for any enterprise seeking to grow their sales through alliances, indirect channel selling partnerships and the expansion of their direct sales forces with sales representative organizations. The legal implications of using price as the primary, determining factor in expanding distribution networks has significant implications for a firm's legal strategy over the long-term as well (Petty, 2002). In business models characterized by exceptionally high inventory turns, rapid new product introductions, and the reliance on price as a primary differentiator along with availability, the legal implications become amplified due to the broad base of legal precedents and series of laws that define how and when price can be used as a differentiating element in managing sales and distribution expansion strategies. The intent of this analysis is to evaluate how pricing…
Petty, R.D. (2002). Limiting product choice: Innovation, market evolution, and antitrust. Journal of Public Policy & Marketing, 21(2), 269-274.
Sacasas, R. (2006). Channels of distribution issues under the antitrust statutes. Academy of Marketing Science Journal, 34(4), 629-630.
Scheffman, D.T. (2002). Antitrust economics and marketing. Journal of Public Policy & Marketing, 21(2), 243-246.
Business, Law and Ethics
The ethical and legal concepts of a business are normally intertwined. Government put in place effective regulations which necessitate gathering information. When regulatory needs conflict with principles obtained the constitution, ethical and legal needs are raised. Legal strategies nowadays include legal, compliant programs that help institutions to be competitive. Different businesses have one goal of attaining profits, but in the process they should consider different legal issues and ethics required in a business. The literature below is a discussion of law and society article that focuses on dispute resolution system in the context of consumer protection laws in the organizations. The study expands on how organizational governance influences the law.
ise of governance in private organizations is a matter which has had constant debate. By creating a disclosure of ethics and policies, governance boards, organizations, reporting, systems and private governance can adopt a significant…
Charles, R.S. And Scott, M. (2012). Strategic Organizational Communication: In a Global Economy. Atlanta: Wiley and Sons.
Samuel, E.D. (2004). Alternate Dispute Resolution In The Employment Arena. Chicago: Kluwer Law International.
Shauhim, T.A. (2012). How Dispute Resolution System Design Matters. Law and Society.
William, J.K. (2003). Handbook on Conflict Management. London: CRC Press.
usiness Law: Arbitration Agreements
Arbitration in business law is a method used for mediating contradictions between the parties to an agreement. Arbitration agreements make the requirement that the arbitrators, or those who are over the arbitration discussions and the ultimate agreement are neutral parties and in no way in support of either of the parties to the arbitration process.
According to one sources arbitration is "one of the dispute resolution processes being practiced, and it similar to a lawsuit. In this process, there is a neutral decision maker, popularly known as an arbitrator. He is either selected by the concerned parties or by a neutral ADR service provider. Sometimes, arbitration process is carried on with a panel of three arbitrators in order to ensure different and more effective solutions." (Class of 1, 2012) The parties in arbitration proceedings are generally represented by their attorneys who make provision of the required…
Arbitration (2012) Class of 1. Retrieved from: http://classof1.com/homework_answers/business_law/arbitration/
Matosky, J., Davison, RM and Harding, JT (2012) Case Notes: Two Recent Decisions Address the Duties of a Disinterested Arbitrator. MReBA. Retrieved from: http://www.mreba.org/articles.php?AID=18
Oberman, MS (2012) Arbitration Law -- One Issue Settled, Another Issue Still Percolating. 19 Mar 2012. The Metropolitan Corporate Counsel. Retrieved from: http://www.metrocorpcounsel.com/articles/18118/arbitration-law-%E2%80%93-one-issue-settled-another-issue-still-percolating
Yu, HY and Shore, L. (2033) Independence, Impartiality and immunity of Arbitrators -- U.S. And English Perspectives. The International and Comparative Law Quarterly. Vol. 52, No. 4. Retrieved from: http://www.jstor.org/discover/10.2307/3663379?uid=3739256&uid=2129&uid=2&uid=70&uid=4&sid=47698778121477
Business Ethics Business Law
Business ethics are a very important part of the entire business process. It is important to have a firm understanding of the ethical rules of the game in order to perform the best. The purpose of this essay is to discuss and highlight some of the more important effects that ethics plays in business and business law. The essay will discuss the corporation's role within society and what is to be expected from ethical and honest business practices in today's extremely competitive environment.
The Importance of Business Ethics
Polder (2011) wrote of the very high level of importance that companies and corporations must carry when considering their ethical approach to business and business laws and regulations. She wrote " business ethics concerns itself with the choices exercised by the people in organizations in terms of decisions and actions. Some choices are considered to be good and…
Guthrie, D. (2012). Corporations: Personhood Conferred: Citizenship Earned. Forbes, 14 Feb 2012. Retrieved from http://www.forbes.com/sites/dougguthrie/2012/02/14/corporations - personhood-conferred-citizenship-earned/
Karnani, A. (2010). The Case Against Corporate Social Responsibility. The Wall Street Journal, 23 Aug 2010. Retrieved from http://online.wsj.com/news/articles/SB10001424052748703338004575230112664504890
Polder, K. (2011). The Importance of Business Ethics. Business Ethics Review, 21 June 2011. Retrieved from http://businessethicsreview.wordpress.com/2011/06/21/the-importance - of-business-ethics/
Business Law Final
The case involving John is a part of a pattern of behavior that is designed to benefit him at all costs. This has made him more egotistical in his dealings with others by knowingly violating the law. As he is has been indicated and never found guilty 10 times. This is problematic, as it is giving John and his associates a sense of aloofness. To effectively curtail these activities a review needs to be conducted of what illicit dealings he is involved in. This will be accomplished by focusing on: the key facts / issues in the case, the way the rule of law applies, how they are relevant to this circumstance and what conclusions can be drawn. Together, these elements will demonstrate how John is knowingly breaking the law based upon his actions.
To determine the different facts of the case, there will be a focus…
"18 U.S.C. § 371." U.S. Justice Department, 2012. Web 7 May 2012
"18 USC Chapter 96." Cornell Law School, 2011. Web. 7 May 2012
"Attempted Murder." U.S. Legal, 2012. Web 7 May 2012
"Fraud Laws." U.S. Legal, 2012. Web. 7 May 2012
Part 6 also gives guidance in the case of some specialized types of contract. UCITA in Part 7 for the major part carries over the popular rules of Article 2 involving breach when suitable in the perspective of the tangible medium on which the information is fixed, but also takes up a common law rules from Article 2 on the waiver, cure, assurance and anticipatory violation in the perspective of computer information transactions. (Overview of the Uniform Computer Transaction Act - UCITA)
3) Why is fraud in the inducement treated as a personal defense and fraud in the inception treated as a real defense? Is this distinction justifiable? On what grounds?
Defenses might be used to evade payment to an ordinary holder, but not an HDC or a holder having the rights of an HDC. In case there is a violation of the underlying contract for which the negotiable instrument…
Bilateral Contracts. http://law.jrank.org/pages/4745/Bilateral-Contract.html
Brousseau, Eric; Glachant, Jean-Michel. The Economics of Contracts: Theories and Applications. Cambridge University Press, 2002.
Buckley, F.H. Just Exchange: A theory of Contract.
Business Law and Manufacturer esponsibility
From a business law perspective, the case involving a woman and her unattended food causing a house fire in her New Jersey home is an open and shut case. As the consumer involved in the case, Brenda Herff, claims that the Kellogg Company, makers of the popular breakfast food Pop-Tarts, failed to either warn her or adequately test their product for flammability, the evidence surrounding the case and the precautions taken by the Kellogg Company quite clearly point to operator negligence. Besides Kellogg, the couple also sued the Black and Decker Corp. For making a faulty product (ABC News, 2010). The lawyer for the couple claimed that the toaster failed to eject the pastry before it caught fire. There was no substantial evidence to support this claim, but certainly the couple was willing to stop at nothing to offload blame for this incident.
ABC News. (2010). "Kellogg Sued Over Flaming Pop Tart." Accessed via web Nov 25, 2010 at http://abcnews.go.com/Business/story?id=87887&page=1 .
Buzby, Jean C. And Paul D. Frenzen. (1999). "Food safety and product liability." Food Policy. Vol. 24, No. 6. Pp. 637-651.
Institute for Legal Reform. (2008). "New Bush Administration Rules Limit Consumer Lawsuits." Chicago Sun Times, May 14, 2008.
LaMance, Ken. (2009). "Warning Label Lawsuits." Legal Match Law Library. Accessed online 25 November 2010 at http://www.legalmatch.com/law-library/article/warning-label-lawsuits.html .
The federal district court for the district in which the State of Confusion resides will have jurisdiction over the constitutionality of the -Hitch Statute. The lawsuit by Tanya Trucker will be heard in federal court because the federal courts have jurisdiction over issues of federal questions. This suit concerns a matter for the federal courts because the issue is "whether a state statute which interferes with commerce in the manner enacted by the State of Confusion is constitutionally valid under the doctrine of the commerce clause." Since the issue cannot be resolved without the provisions of the United States Constitution, it is a matter of federal law. The appropriate controlling provision is the commerce clause which is found in Article 1 section 8 clause 3 of the United States Constitution. It reads as follows: "The Congress shall have Power to…To regulate commerce with foreign nations, and among the…
U.S. Const. art. I, § 8, cl.3.
Federal Rules of Civil Procedure (F.R.C.P.) (Amended Dec. 1, 2010) Accessed 22 Dec. 2011, Retrieved http://www.law.cornell.edu/rules/frcp/ .
Kassell v. Consolidated Freightways Corp. Of Delaware, U.S. 662, 67 L.E.d.2d 580 (1981).
Business Law Ethics
Facts: The case involving Luke is showing the ethical challenges he is facing with the construction of an adult entertainment center inside his community. This is because he is aware of their plans prior to the public announcement and believes that property values will decline. At the same time, he has close personal relationship with his brother Owen. He has received an offer to sell his property above fair market value. However, Owen believes that there is a possibility he will receive a better price if he waited a few years for more favorable conditions.
The primary issue Luke is dealing with is if he should disclose to Owen the information he knows about the pending announcement. This will violate the confidentiality he has to his employer from working on the project. Yet, if he does not inform Owen about what is happening, there is…
Stone, B. (2009). The Ethics Challenge. New York, NY: James Morgan.
Memo Format. http://www.fsb.muohio.edu/heitgedl/Memo%20writing%20tips%20ACC333%20SP06.pdf
The Differences between Civil Law and Criminal Law:
To a layman who is not familiar with the various concepts of Law, criminal Law may be more familiar because of intense interest in criminal cases that are tried in courts of law and the resulting media coverage. Civil law however, is quite an unknown subject. The differences between the two are many. In criminal law, the government generally files the litigation or the lawsuit, while in civil law; a private party who becomes known as the plaintiff always files the litigation. Apart from this basic difference, the most important difference is that under criminal law, the guilty person is punished by either a jail term, or a hefty fine to be paid to the government, or in certain extreme cases, by death. The crimes are also divided into 'felonies' that result in a jail term of more than a…
Doing Business Overseas" Retrieved at http://www.raytheon.com/ethics/booklets/doingbus.pdf . Accessed on 5 October, 2004
Federal Laws Prohibiting Discrimination" The U.S. Equal Employment Opportunity Commission. May 24, 2002. Retrieved at http://www.eeoc.gov/facts/qanda.html . Accessed on 4 October, 2004
Moses, Jeffrey. (23 July, 2004) "How to make your Contracts Understandable and Legally Enforceable" Retrieved at http://www.nfib.com/object/IO_16815.html . Accessed on 4 October, 2004
Standler, Ronald B. (1998) "Differences between Civil and Criminal Law in the U.S.A." Retrieved at http://www.rbs2.com/cc.htm . Accessed on 5 October, 2004
usiness Law Ethics
Special Directions for Cases 1 -- 5: The following cases have been carefully chosen to represent several of the most pressing ethical dilemmas facing American business today. When answering the questions at the end of each case, consider the ethical character trait or traits that would guide your decision-making. Avoid the theory of subjective ethics. e less concerned with the "right" answer and more concerned with applying the ethical decision-making process properly.
Howard Wieder, an attorney, asked the members of the law firm for which he was employed, to assign one of their number to act as his representative in negotiating the purchase of an apartment in a condominium. An attorney in the firm, L.L., was designated to handle Wieder's negotiations. Unfortunately, L.L. did everything but handle Wieder's condominium negotiations. In fact, he not only neglected the negotiations, but also made many "false and misleading representations," carefully…
But in the decision-making by the court, the court feared that upholding such a standard in the case would place an undue burden on employers, namely that obligation could be implied which would be inconsistent with other terms of the contractual relationship. "Thus, in the case now before us, plaintiff's employment was at will, a relationship in which the law accords the employer an unfettered right to terminate the employment at any time. In the context of such an employment it would be incongruous to say that an inference may be drawn that the employer impliedly agreed to a provision which would be destructive of his right of termination." Ethically, the plaintiff may have been sound and the defendant's decision unsound, but the court feared setting a precedent regarding employment that could be legally abused, given the right to terminate clause in the employee's contract. (NY Court of Appeals Collection, 2004)
In 1994, a total of 125 midshipmen at the United States Naval Academy at Annapolis were suspected of being involved in a cheating scandal that affected the results of an electrical engineering examination. A civilian panel was convened to investigate the allegations of cheating. The honor code of the Naval Academy is based on the premise that officers in the United States Navy should not lie, cheat, or steal. Clearly, if the 125 midshipmen accused of cheating really did so, they violated the ethical character traits of honesty, integrity, and fairness. However, what about those midshipmen who knew about the cheating but did nothing to stop it or report it later? Were they obligated to step forward and inform their superiors of the activities of their fellow students? Would protecting fellow students violate or support the ethical character traits? Explain.
The honor code at the naval academy does not require students to turn in other students. However, the students who cheated put the integrity of all student exam results into question, as the cheating had an undue advantage in their performance.
Class Actions: Class actions, which are more widely available in the U.S., offer the opportunity to condense the suits into one action. When there is a group where all the members have similar claims, one party is the representative plaintiff and brings suit on behalf of the entire class against the defendant. In a class action, Merck would be able to deal with multiple claimants at once, minimizing legal costs and potentially leading to a lower settlement per claimant because the numbers would be aggregated.
Legal Risk Management: A risk management plan would allow Merck to prevent or reduce loss. In the case of the Vioxx suits, it is too late for a preventative approach, which would try to comply with legal requirements and avoid legal problems. However, the reactive approach, which is a plan that handles problems as they arise may be a better option. Merck now focuses on…
In 1960 an advertisement was run by the New York Times that was paid for by civil rights activists. The ad criticized the department of the police openly in the city of Montgomery for how it treated protestors of civil rights. The descriptions in the advertisement were mostly accurate but there were some false statements. L.B Sullivan the police commissioner was offended and sued New York Times in Alabama court. Even though Sullivan's name was not mentioned in the article he still went ahead to sue the newspaper. The argument held by Sullivan was that the advertisement had ruined his reputation and libeling him at the same time. He demanded that the retraction of the paper (Hall, & Urofsky, 2011).
The issue in this case was freedom of press that is whether the first amendment has limits to the power of the state to give libel damages that…
Pearson Education. (2013). Current U.S. Supreme Court Members. Retrieved September 16, 2013 from http://www.infoplease.com/us/supreme-court/supreme-court-members.html
Hall, K. L & Urofsky, M.I.(2011). New York Times v. Sullivan. Retrieved September 16, 2013 from http://www.kansaspress.ku.edu/halnew.html
Hrcr.org.(2009). The New York Times v. Sullivan "Actual Malice" Rule. Retrieved September 16, 2013 from http://www.hrcr.org/safrica/expression/nytimes_sullivan.html
The most significant purposes comprise: persuading actions of the members of a culture, resolving disagreements inside the culture, upholding significant social values, and providing a way for social change (Meiners, ingleb and Edwards, 2009). Canadians are recognized for their logic of fair play, their admiration for working people, and for their devotion to the rule of law. These principles are reflected in the legal system governing Canada's businesses (Phillips, 2009).
Bureaucracy may be defined as an official managerial understanding distinguished by division of labour, specialty of purposes, a pecking order of power and a scheme of regulations, policies and record keeping. In ordinary practice, it refers to the managerial division of government. This description steers clear of the disparaging use of the word as the same with red tape, with holdup, incompetence and rigidity. It does, though, reproduce the widespread relationship of bureaucracy with the enlargement of government behaviors and…
Anstead, Susan M. (1999). Law vs. Ethics in Management. Retrieved January 28, 2011, from Web site: http://ansteadsue.tripod.com/ethics.htm
Bureaucracy. (2011). Retrieved January 28, 2011, from the Canadian Encyclopedia Web site:
When most people think of securities fraud and corporate misconduct, they will often associate Enron to these ideas. This is because it went from being the tenth largest company in America to one the biggest bankruptcies in U.S. history. On surface, everything appeared to be fine. Until it was disclosed, that the firm was running out of cash and the executive officers were unloading their stock. (Eichenwald, 2005)
This raised concerns that something more was happening behind the scenes. To fully understand what occurred requires carefully examining the firm itself, the effects it had on the legal system, the lasting impact on stakeholders and conducting an analysis of the situation. Together, these elements will highlight the various securities laws that were violated and the way case changed corporate governance going forward. (Fox, 2004)
The Circumstances at Enron
Enron was founded in 1985. This occurred after Houston Natural Gas…
Baur, A. (2009). The Enron Scandal. Munich: Grin Verlag.
Eichenwald, K. (2005). Conspiracy of Fools. New York, NY: Broadway Books.
Farrell, O. (2009). Business Ethics. Mason, OH: South Western.
Fox, L. (2004). Enron the Rise and Fall. Hoboken, NJ: Wiley.
MEMORANDUM OF LAW
Alpha- Alpha is a company that makes photocopier machines. Alpha sends a quote to Beta offering a sale.
Betabond- Betabond is a company who needs to purchase a photocopier machines. When Betabond receives a quote from Alpha they respond with a purchase order.
Alpha sent Betabond a quote offering to sell a photocopier machine for $150,000 to be delivered in 2 months.
Alpha's quote included a statement that the quote was subject to certain terms and conditions.
Furthermore the certain terms and conditions were said to:
'prevail over any terms, and conditions in the buyer's order."
Conditions in the Alpha quote included:
A price variation clause- the price of the machine would what ever price was in force on the date of delivery (not on the date of contract).
Cancellation Clause- customer could not cancel for late delivery.
On July 27, 2011…
It is at this point, when the company will address these challenges over the long-term and become more economically viable in the process. ("esolution of Business Ethical Dilemmas," n.d.)
At the same time, this strategy is very balanced. The only drawback is that there will be short-term pain (in varying degrees) for different stakeholders. This means that the firm can remain in business when the bankruptcy is occurring and maintain their competitive position inside the marketplace. This will help them to deal with any kind of negative effects and ensure that they are economically viable going forward. ("esolution of Business Ethical Dilemmas," n.d.)
The way that this will make people feel, is to have mixed emotions about what is happening. This is occurring, with the bankruptcy hurting those who were harmed by repeated exposure to asbestos and the negative effects it will have on stakeholders. In this aspect, these issues…
Resolution of Business Ethical Dilemmas. (n.d.)
Describe the "Commercial Clause" in the United States Constitution and explain how its scope and meaning has been interpreted by the courts.
eferring "to Article 1, Section 8, Clause 3 of the U.S. Constitution," the Commercial Clause as the Cornell University Law School (2013) further observes empowers the Congress "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." As far as the legislative power of Congress is concerned, the relevance of this particular Clause cannot be overstated. Indeed, based on how the Supreme Court has in the past interpreted this particular Clause, it is not only one of Congress' most important tools of authority but also a "limitation on the right of the states to regulate commerce within their borders" (Lawnix, 2013).
It is important to note that over time, the courts have on several occasions interpreted not only the scope…
Cornell University Law School. 2013. Commerce Clause. http://www.law.cornell.edu/wex/commerce_clause
Lawnix. 2013. Commerce Clause: The Commerce Power of Progress. http://www.lawnix.com/cases/commerce-clause.html
Lawnix. 2013. Texaco, Inc. v. Pennzoil Co. -- Case Brief. http://www.lawnix.com/cases/texaco-pennzoil.html
The Heritage Foundation. 2013. Gonzales v. Raich. http://www.heritage.org/initiatives/rule-of-law/judicial-activism/cases/gonzales-v-raich
The situations therefore are not analogous. I believe the Supreme Court also erred in finding that the knowingly corrupt act needed to be within the context of a specific investigation. If a criminal act is being undertaken, there is a reasonable chance of an investigation being launched. The Supreme Court's interpretation allows for criminals to legally destroy evidence at any point prior to the opening of an investigation. This decision traces back to United States v. Aguilar. At the time, it may have been the case that such an action was legal. It is reasonable that any document could at some point be valuable to a federal investigation and therefore no document would be allowed to be destroyed. Once a document is destroyed, its contents are entirely speculative; retroactive assumption that the documents were critical to the assumption of the investigation is therefore also speculative.
However, it stands to reason…
Arthur Andersen v. United States (04-368) 544 U.S. 696 (2005)
374 F.3d 281, reversed and remanded. Retrieved April 23, 2010 from http://www.law.cornell.edu/supct/html/04-368.ZS.html
Hasnas, J. (2005). The significant meaninglessness of Arthur Andersen v. United States. Cato Supreme Court Review. Retrieved April 23, 2010 from http://faculty.msb.edu/hasnasj/GTWebSite/AndersenDraft.pdf
intended his agreement to purchase constituted assent to a contract. In this situation, the contract would be implied by conduct.
B may have the opportunity to argue that if he does not accept the goods, then his conduct does not imply a contract. In prior situations, his acceptance of the goods implied the contract by conduct but this situation differed in that he did not accept the goods. Ultimately, this would come down to the court's interpretation of whether a reasonable person in the position of the offeree would have understood that the offeror intended to be bound. For example if at some point in the relationship B. had stated clearly to a that no contract existed until the goods had been received, then a in this case would have no reason to believe that a contract existed in this case.
In this situation, if the nails were not yet…
Larson, a. (2003). Contract law -- an introduction. ExpertLaw. Retrieved April 30, 2010 from http://www.expertlaw.com/library/business/contract_law.html
A minor does not have legal capacity to enter into a contract. This contract will remain valid, however, unless one of the parties wishes to have it voided. The teenager will continue to drive the car and the dealer will keep the money. It may come to pass that the 16-year-old's parents take the dealer to court to have the contract voided.
The court would most likely agree, and the contract would be voided. The teenager would return the car and the dealer would return the money, as the benefit would need to be returned if the contract is voided. In this situation, the contract is void. It no longer exists. There are no further rights or obligations on either party and both parties are restored as best as possible to their original condition. Until the court rules that the contract is void, however, it will remain a voidable contract.…
Ebersole, J. (2009). Void vs. voidable contracts. ChestofBooks.com. Retrieved April 30, 2010 from http://chestofbooks.com/finance/banking/Elementary-Banking-AIB/Void-Versus-Voidable-Contracts.html
No author. (2010). Contract law. Otto-Graph.com. Retrieved April 30, 2010 from http://www.otto-graph.com/samples/3/contractlaw.html
Another option could be fro Bug to use a defense of proximate cause which states that for a negligent act or omission to be a proximate cause of damage, it must be a natural and probable (not just possible) result of a sequence unbroken by any intervening causes.
6. [See situations b. And c. For background information.] The attorneys for BUG have completed their investigation of WIETAP and its employee, Steve. If they want to bring a successful action against WIETAP for civil ICO, what do they need to prove? What type(s) of damages could BUG receive?
The ICO law was an attempt to eliminate organized crime. The focus was that by concentrating on illegal money made during a crime, the person using that money was in fact perpetrating a crime. Legal consequences for ICO can be extremely harsh. Guilty parties could face both criminal and civil forfeitures, a $25,000…
com" from an Internet host in Maryland to a host in New York.
The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense to the action relied on a clause in their contract with Novak that specified a Canadian forum to resolve any disputes but Novak argued that an automatic process of "clicking through" a contract could not hold him to a forum selection clause that was not negotiated specifically.
Is a party to a contract held to a forum selection clause when that clause was not subject to a negotiation?
The process of "clicking through" is commonly accepted…
Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot.
3. The Sherman Antitrust Act and the Clayton prohibit such "tying" arrangements where the entity maintains extensive control of product supply. Federal antitrust laws are administrated by the Department of Justice and the Federal Trade Commission 4. The Equal Protection Clause (applied to the states through the Due Process Clause) prohibit such a firing of employees based on their religious affiliation or their specific religious practices. But refusal to comply with perfectly legal directives of the employer is not religious discrimination; it is dismissal for cause.
The author of this report has been asked to answer regarding several different legal and/or ethic cases or questions. Those cases/situations are Wrench LLC vs. Taco Bell, California & Hawaiian Sugar Company vs. Sun Ship Inc., the general legal cases and practice of cybersquatting and general ethics. While these cases are controversial and the topic of many scholarly conversations, the outcomes that should have happened are quite clear.
egarding the Wrench LLC vs. Taco Bell case, it is clear that Taco Bell used the Wrench idea and just the idea that Chait/Day saying that they figured out the concept on their own was an obvious lie. Taco Bell did not act ethically as they took the idea offered to them by Wrench LLC and used as their own using Chait/Day as a proxy. egarding whether Taco Bell entered an implied-in-fact contract, they really did. The reason this is…
Nolo. (2014, November 29). Force Majeure | Nolo's Free Dictionary of Law Terms and Legal Definitions. Retrieved November 29, 2014, from http://www.nolo.com/dictionary/force-majeure-term.html
Nolo. (2014, November 29). The UCC and Sales Contract Formation | Nolo.com.
Retrieved November 29, 2014, from http://www.nolo.com/legal-encyclopedia/the-ucc-sales-contract-formation.html
Nolo. (2014, November 29). Cybersquatting: What It Is and What Can Be Done About It
Justice Keen's Reasoning
Seemingly going against the rulings of both Foster and Tatting, Justice Keen gave a resounding guilty verdict for a very simple reason- the law of the land is the law of the land, murder is murder, and no grey areas in regard to this should be allowed to exist. Either the defendants are guilty or not guilty, and in the viewpoint of Keen, the defendants are guilty without question.
Justice Handy's Reasoning
Justice Handy's rendering of a not guilty verdict is based on a rather simple set of criteria- the polls of public opinion. Using public opinion polls about the guilt or innocence of the defendants as a benchmark, Handy decided that because the polls overwhelmingly ruled that the defendants were not guilty, so too Justice Handy would rule in the same way. Coming to be known as the Public Poll Theory, Handy let the voice of…
Dimitri vs. Bib Bob's
Having given an offer to the public of a price tagged at $5,000 upon completion of a given task, the Bib Bob's had made a valid offer which was accepted by one individual Dimitri. In this case there was already an offer in writing trough the advertisement flown on the place and an acceptance was made to take up the contract and the terms by Dimitri. Indeed, the accepting party had already began the process of fulfilling the terms of the contract hence it was a biding contract and enforceable one at that moment. This was an express contract that was made in writing and accepted either in writing or orally as the case indicates 'Franks Dimitri saw the streamer and accepted the challenge'. There were well defined terms of the contract and the responsibilities of each party (Business Knowledge esource, 2013). The accepting…
Business Knowledge Resource, (2013). Regulatory Requirements: Contract Law. http://business.gov.in/manage_business/contracts_classifications.php
USLegal Inc., 2013). Executory Contract Law and Legal Definition. http://definitions.uslegal.com/e/executory-contract/
n the case of Hodge v. Garrett 101 daho 397, 614.2d 420 (1980), the buyer wished to purchase land located next to the sellers' drive-in movie theater. One seller signed the contract. The testimony was conflicting as to whether the buyer was told that the remaining members of the sellers' partnership would have to agree to the sale. The buyer brought suit when the sellers refused to sell. The trial court found that the one seller, as an agent, bound the sellers' partnership.
Voeller testified that he had told Hodge prior to signing that Hodge would have to present him with a plat plan which would have to be approved by the partners before the property could be sold. Hodge denied that a plat plan had ever been mentioned to him, and he testified that Voeller did not tell him that the approval of the other partners was needed until…
In the case of Konic International v. Spokane Computer Services 109 / Idaho 627-708 P.2d 932 (1985), one of the buyer's representatives spoke to the seller about purchasing a surge protector. The representative had priced units, getting prices from $50 to $200. The seller offered to sell a unit for $5,620, which the representative misinterpreted as $56.20. The representative worked up a purchase order for $56.20, and placed an order with the seller. The unit was installed while the buyer's president was on vacation. When the president returned from vacation, he immediately ordered that power to the equipment be turned off because the surge protector was obviously worth more than $56.20. The president contacted the seller to have them pick up the protector, but the seller refused and brought suit for the purchase price.
Plaintiff seller sought review of the decision of the District Court of the First Judicial District (Idaho), which affirmed the magistrate's decision granting judgment for defendant buyer in the seller's breach of contract lawsuit for the alleged sale of goods. The court affirmed the trial court's decision granting judgment for the buyer. The court held that there was no sales contract because the parties had a material mutual misunderstanding and any agreement that they thought they had reached was merely an illusion.
The court found that there is no expression of mutual assent to an exchange if the parties attach materially different meanings to their ideas and neither knows or has reason to know the meaning that is attached by the other. Even though the parties had apparent mutual assent to the same words of the agreement, there may be no contract because of a material difference of understanding as to the terms of the exchange. When there is a phrase in a contract that is reasonably able to be interpreted differently there is no contract.
O'Hagan, the SEC could successfully bring a lawsuit against Leo for damages in connection with his purchase of the shares.
Larry was not bound by fiduciary duty to Hawke. As such, the higher standard of Chiarella v. United States applies. While this 10b-5 rule applies to deliberate omission, Larry may or may not have known specifically about Leo's relationship with Hawke. Legally, however, the SEC still has recourse. The broker in the ImClone case, Peter Bacanovic, received a conviction for trading on Sam Waksal's inside information. The same legal standard is likely to apply to Larry as well, since he is a broker. There is a question as to whether this standard would apply to Foster in the case involving Howard, as he is less likely to have known that his omission constituted a fraud. For Howard, however, his position makes it evident that he knew he was committing a…
Independent dealers must sign a contract that sets forth the manner in which they will operate their rental centers. Often a small business owner will supplement their income be adding U-Hauls to their market mix. Independent contractors earn a commission on their sales.
Each division of AMERCO has it own president. All of them must report to a Board of Directors. The Chairman of the Board and overall President is Edward Shoen, descendent of the original founders of the company. Many members of the Shoen family still control much of the company (Google Finance). Little information is available about the company, aside from their financial statements. Although they have a Board of Directors, the company continues to operate as a family-style operation, with the family members occupying many positions in upper management. The company structure is simple and little is available beyond basic information.
Purchasing Contract Analysis and the UCC…
Ceh v. UHaul International, Inc., 11th district court of appeals, No. 04-10031.
A www.ca11.uscourts.gov/opinions/ops/200410671.pdf. Accessed January 22.
Company News; U-Haul's Parent Seeks Bankruptcy Protection." June 21, 2003. New
York Times. http://query.nytimes.com/gst/fullpage.html?res=9800EFDF173BF932A15755C0A9659C8B63 . Accessed January 23, 2007.
This document contains legal advice made on request of Zmags, an Australian Holiday Brochure. Paper covers the customer law, contract law and other legal issues as found in the brochure for Coasts and Bays. The brochure claims to make the holidays 100% rejoicing for the clients and to offer them a lifetime experience. The brochure offers guidelines about the travel routes as well as the resorts. There are legal concerns involved in the advertisement made by any company. Often an advertisement campaign is too tempting or misleading that the customer's rights are violated. Australia has strict laws against the rights of customers that are almost universally applicable in all the states and regions of the country. The report advises what to include or exclude from the report to make it legally effective.
The consumer law of Australia generally bans all the misleading activities in the business…
1. Australian Competition and Consumer Commission, 2013, Retrieved from;
2. Bradbury, H.D., 2010, the Australian Consumer Law, Retrieved from:
The grand jury returned a 112-count indictment against Steve Warshak, company president; his mother, Harriet Warshak; general counsel Paul Kellogg; and former employees Charles Clarke Jr., Steven Pugh and Amar Chavan. A company called TCI Media, which was allegedly used to launder money, was also part of the indictment. The charges include 77 counts of money laundering, 12 counts of mail fraud and four counts of bank fraud (Berkeley president, others indicted for fraud, 2006).
After the Grand Jury indictments were handed down The U.S. Attorney's Office in Cincinnati filed a new complaint against Berkeley Premium Nutraceuticals that included the freezing of various assets worth almost $2 million. The complaint alleged that Berkeley owner Steven Warshak and others participated in a complex, large scale mail and wire fraud operation. This amounted to another felony charge being added to the long list that had already been handed down. The frozen assets…
1. Berkeley Nutraceuticals files for Chapter 11 bankruptcy. (2008). Retrieved June 10, 2009, from Business Courier Web site:
2. Berkeley Premium Nutraceuticals, Inc. (2009). Retrieved June 10, 2009, from Business Courier
hen this happens, actuaries can use the data that was collected to provide a clear picture of what is taking place inside the various segments of the firm. ("Sarbanes-Oxley Act") (Holland)
Obtaining a complete list of all business units is where the off the books activities and any type of outside partnerships are disclosed to managers. This helps them to determine the extent of these arrangements on the company and the impact of the actions of other entities. Once this takes place, is when actuaries will have a better understanding of what is occurring and how this is contributing to the corporation's growth. ("Sarbanes-Oxley Act") (Holland)
Performing a risk assessment is when executives will determine if there are any kinds of actions that pose a threat to the firm. This allows them to see if questionable areas are a possible danger and the lasting impacts it will have on the…
"Sarbanes-Oxley." Deloitte, 2010. Web. 29 Jun. 2013.
"Sarbanes-Oxley Act." Price Waterhouse Coopers, 2004. Web. 29 Jun. 2013.
"Sarbanes-Oxley Act 2002." Investopedia, 2013. Web. 29 Jun. 2013.
Holland, Jessica. "Ensuring Compliance with Sarbanes-Oxley." University of South Carolina, 2006. Web. 30 Jun. 2013.
Business Law and Christian Ethics
The terms limited liability and liability protection are often used interchangeably to describe business arrangements that limit the amount of a firm's liability, generally to the amount of assets held by the firm. In other words, those types of business arrangements protect an individual's personal assets from judgment should the person be sued in a professional capacity. One frequent example of a limited liability business arrangement is the limited liability partnership, which essentially "protects each partner from debts against the partnership arising from professional malpractice lawsuits against another partner" (Pakroo, 2013). In those instances, the liability limitation is not limited the individual assets of the partners, but also extends to property owned by the partnership.
Whether or not limited liability or liability protection aligns with a Christian worldview is a tricky moral question because it presupposes that all people who enter into those types of…
Pakroo, P. (2013). Limited Partnerships and Limited Liability Partnerships. Retrieved September 24, 2013 from NOLO website: http://www.nolo.com/legal-encyclopedia/limited-partnerships-limited-liability-partnerships-29748.html
Scalici, S. (2007, March 30). The Christian Taxpayer. Retrieved September 24, 2013 from Crosswalk website:
A company cannot refuse to hire someone with sickle cell anemia (a disease that primarily affects persons of African ancestry), because the person might require costly health insurance, for so long as the person was strong enough to perform the job, discrimination would not be acceptable as it would affect persons disproportionately of one racial category.
Explain trade secret and how it could be protected legally and in day-to-day operations. Provide an example.
According to Nolo.com, an online legal dictionary, a trade secret is:
in] most states, a formula, pattern, physical device, idea, process, compilation of information or other information that 1) provides a business with a competitive advantage, and 2) is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft" ("trade secret, 2007, Nolo.com). Perhaps the most famous trade secret in business is…
Elias, Stephen. (1998)."Trade Secret Law: Overview." Nolo Press. Retrieved 8 Apr 2007 at: http://www.marketingtoday.com/legal/tradesec.htm#1
Estoppel." (2007). Nolo.com. Retrieved 8 Apr 2007 at http://www.nolo.com/definition.cfm/term/7F1E56D5-7EC1-4CEB-86B3943F6990FF77
Messiha, Dominic J. & Hillary R. Ross. (May 2006). "EEOC Revises Compliance
Manual to Target More 'Contemporary' Forms of Discrimination." ASAP: Littler Mendelson Time Sensitive Newsletter. Retrieved 8 Apr 2007 at http://www.littler.com/collateral/print/61A7D18C32514B88187D50664174D11F.html
As in the case of explosive manufacturing and housing wild animals, running a commercial gas station is a commercial activity that is inherently dangerous no matter what precautions the operator takes to prevent accidents that could cause harm to others.
Running a gas station is an ultra-hazardous activity whose dangers can be mitigated as much as possible, but the very nature of the activity is impossible to make completely safe. Therefore, unlike the situation in the supermarket, any injuries suffered by victims of a fire or an explosion caused by the gas station's stored hazardous liquids would not require any showing of negligence on the part of the gas station owners or operators. (Of course, if the plaintiff was injured in a slip and fall in the cashier area and not because of the inherently dangerous aspect of gasoline storage, the same requirement would apply with respect to establishing a…
If a person to whom a ring is given can prove all three of these elements, then a court is likely to deem the ring to be a gift. Thus Heathcliff would have no claim to the ring at a future date in time.
"Alternative Dispute esolution - Guide to Alternative Dispute esolution Law," 2010, viewed 25 August 2010,
"Australian Family Law," 2010, viewed 25 August 2010,
"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>
"Lecture Five: Principle of Precedent," n.d., viewed 25 August 2010,
"Marriage Act,"1961, viewed 25 August 2010, < http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/consol_act/ma196185/s111a.html?stem=0&synonyms=0&query=s111A>
"Top 2 The Australian Legal System," n.d., viewed 25 August 2010, < http://www.scribd.com/doc/36157559/Topic-2-The-Australian-Legal-System-20209>
"Alternative Dispute Resolution - Guide to Alternative Dispute Resolution Law," 2010, viewed 25 August 2010,
"Australian Family Law," 2010, viewed 25 August 2010,
"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja >
Unlike Baxendale, there were no special circumstances outside of the normal business considerations that would have required specific communication to the contractor as to the nature of potential losses to Jose arising from a completion delay. Ordinary knowledge would have been sufficient for the contractor to know that his delay would also delay the opening of the cafe. The lawyer advised Jose that Jose was liable to the contractor for the rest of the contracted price of the work the contractor performed minus the lost profits and other direct damages Jose could establish. Jose had no other damages, but his business records did show lost profits of $7,500. Jose agreed to let the lawyer contact the contractor and offer to settle the outstanding claim against Jose through a payment of 2,500 to the contractor, representing the balance of the contracting work minus Jose's lost profits.
Jose mentioned that business was…
Dawson, J.P., Harvey, W.B., Henderson, S.D. (2002) Contracts: Cases and Comment 8th Ed.
Friedman, L.M. (2005) a History of American Law 3rd Ed.. New York: Simon & Schuster.
Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment 3rd Ed.. Cincinnati: West Legal Studies
usiness Law Ethics
Ethics in Action
Common Characteristics of Poor Decision Making
In order to make ethically sound decisions, it is necessary to acquire and secure all the pertinent facts; therefore, one of the most common characteristics of a poorly made decision is the lack of necessary and relevant facts. Entering the decision making process with favor and bias toward a particular outcome is an additional trait of a decision that is poorly made (Mallor et al., 2009, p. 105). Seeking and hearing only facts that support the favored option, and averting the possibility of inconveniencing others to secure relevant and unbiased factual information is the mark of a lazy and unmotivated decision maker. A decision maker that is not thorough and persistent is not a good decision maker.
ecause of the level of diversity in the workplace and the necessity to take into consideration all the stakeholders, evidence of…
Mallor J., Barnes, A., Bowers, T., & Langvardt, A. (2009). Business law: The
ethical, global, and E-commerce Environment. Irwin: McGraw-Hill.
Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).
If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…
Friedman, L.M. (2005). A History of American Law. New York: Touchstone.
Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.
Cincinnati, OH: West Legal Studies.
The 1988 and later 1992 Supreme Court decision in Cipollone v. Liggett Group, Inc. illustrates the functions and role of law in business and public health. This case relates to the tobacco industry's culpability in promoting smoking through marketing campaigns after knowledge of the detrimental effects of smoking, and in spite of the mandatory Surgeon General Warning labels that had been federally mandated since the 1960s and the Federal Cigarette Labeling and Advertising Act (1965 Act).
In the Cipollone v. Liggett Group, Inc., case, it was ultimately decided that the federal laws trumped state laws that permitted promotion of harmful materials, in this case, cigarettes. What is interesting about this case is that it pertains directly to marketing, rather than to the tobacco companies themselves. Separate litigation, of course, impinged upon the tobacco companies. The Cipollone v. Liggett Group case illustrates several key points. First, the case upholds…
Cipollone v. Liggett Group, Inc. Retrieved online: Cipollone v. Liggett Group, Inc. http://www.law.cornell.edu/supct/html/90-1038.ZS.html
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…
Frank, George. (2002, April 22-23). Key Licensing Issues and Trends for the Pharmaceutical and Biotech Industries. Conference on Biotechnology and Pharmaceuticals. Retrieved from: http://docs.google.com/viewer?a=v&q=cache:XRVTXoabka8J:www.drinkerbiddle.com/files/Publication/4f485da1-8d61-4255-b8bf-66ed67ed1455/Presentation/PublicationAttachment/1d83db93-089b-42de-89c4-9a0d71e0b809/Frank_Biotech.pdf+biotech+companies+permits&hl=en&gl=us&pid=bl&srcid=ADGEEShzymQTXBq9DrOHEgDrxdEllLh1EuRTGyMuuoaJ2MY88w-MS2Hfp1ptzO7d1Zdq0g_IORTkr61rg2Ys4n3dJwlAKN72a4ENcofXITT53ZwX-LxWjwspDD2BysdX5mYOpZSLJrTi&sig=AHIEtbQmggcJf3q55hJM95Tr8nV_P3tsAA
SBA. (2011). Small Business Administration. Retrieved from: www.sba.gov
Roth, Mollie. (2007). Personalized Medicine: Using effective partnering for managing the risk of legal liability. Personalized Medicine. Vol 4(3). pp 329-339.
During the consumer movement of the 1960s and 1970s, Congress enacted a substantial amount of legislation to protect "the good of the people." There is only one problem with consumer protection laws -- they are slow to react and even harder to enforce. As a result of this situation, corporations are allowed to profit at the expense of consumers' health. The resistance comes in a number of stages. The first is denial of the problem, wherein the corporations argue that there is not enough evidence to link their products with the negative outcomes that are being reported. Then there is the lobbying that causes politicians to defer action until a later date, or ignore the call to action altogether. Too often, when statutes are enacted, corporations fight them to the end, resulting in flawed legislation that either has loopholes, require interpretation from the judicial branch or is difficult…
Bray, G., Nielsen, S. & Popkin, B. (2004). Consumption of high-fructose corn syrup in beverages may play a role in the epidemic of obesity. The American Journal of Clinical Nutrition. Vol. 79 (4) 537-543.
Goldberg, C. & Zimmerman, R. (2011). What's making us fat? Researchers put food additives on suspect list. Common Health. Retrieved April 11, 2012 from http://commonhealth.wbur.org/2011/08/food-additives-obesity
Hellmich, N. (2009). Rising obesity will cost U.S. health care $344 billion a year. USA Today. Retrieved April 11, 2012 from http://www.usatoday.com/news/health/weightloss/2009-11-17-future-obesity-costs_N.htm
Miller, R. & Jentz, G. (2010). Business law today: 9th edition. South-Western/Cengage Learning.
Utility Patents and Employee Contracts
Since the before the beginning of the industrial revolution, the United States Patent and Trademark Office has been recording and protecting the ideas and gadgets of inventors. But, what exactly is a patent and what laws govern the patent process? ho can file for a patent and what is the process for applying? hat benefit are received if a patent is in place? Does a patent cost money and who enforces the fact that a patent is in place? These and many more questions will be addressed throughout this research presentation.
It is the end of your first week of work at the new factory and while on the line you design a brilliant new piece of machinery that just could be the next great gizmo in this industry. You realize that if it works and if its marketed properly, well hey, you…
Grubb, Philip W. Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy. Oxford: Oxford U, 1999.
Harbert, Tammi. "Do Not Go Idly Into That Employment Agreement; Watch What You Sign; Your Inventions Won't Necessarily Belong To You. (Engineers' Employment Agreements)." EDN (1990).
Holzmann, Richard T. Infringement of the United States Patent Right: A Guide for Executives and Attorneys. Westport CT: Quorum Books, 1995.
Patent Law: An Overview. Ed. Legal Information Institute. 21 Nov. 2003 http://www.law.cornell.edu/topics/patent.html .
Scenario: Dana and Ronnie operate a Web-based business, TraderRon.com, an Internet swap site that uses a Dutch auction system pioneered by Priceline.com. TraderRon.com allows customers to make offers to other customers to swap such items as their unused frequent flyer miles for other customers' unwanted merchandise, including DVDs, music CDs, used books, and any other merchandise customers might want to trade. No sales involving payment of money are made on the site. Some of the merchandise that has been offered on the site and swapped consists of bootleg or pirated merchandise, as well as designer knockoffs. All of TraderRon.com's income derives from advertising. TraderRon's website and advertising use a black and grey symbol to represent its swapping service. It has used this symbol consistently and registered it with the U.S. Patent and Trademark Office. The symbol is very similar to the Nike swoosh symbol, except it fades from…
Business and Employment Law
Business Law and Labor & Employment Law
Employees are classified in different categories. Federal and state law does not explicitly define the categories, but employers generally categorize employees on the basis of duties performed, number of hours worked, and duration of job. Accordingly, employees fall in three main groups: permanent (full-time), part time, and temporary employees (PayScale, 2009). A permanent employee is an employee who works a typical work week for an indefinite duration, while a part-time employee works fewer hours than the typical work week. Temporary employees may work full-time or part-time, though for a definite period of time. Though federal law does not define the above categories, the Fair Labor Standards Act (FLSA) classifies employees as either non-exempt or exempt employees (Society for Human esource Management [SHM], 2014). The former denotes employees whose work is covered by FLSA and who are subject to overtime…
Bennett, H. (2014). Principles of the law of agency. New York: Bloomsbury Publishing.
Busch, D., Macgregor, L., & Watts, P. (2016). Agency law in commercial practice. Oxford: Oxford University Press.
Equal Employment Opportunity Commission (EEOC). (2009). Federal laws prohibiting job discrimination questions and answers. Retrieved from https://www.eeoc.gov/facts/qanda.html
Munday, R. (2010). Agency: law and principles. Oxford: Oxford University Press.
The objective of this work in writing is to examine the case study and to answer the three following questions based on the information provided and the relevant consumer laws governing such defective product purchases.
Paul Price is clearly concerned about the Tefal Actifry. Explain to Paul Price about his rights regarding the Sale of Goods Act 1979 (amended). In your answers you are required to refer to the relevant sections of the Sale of Goods Act (SOGA) and relevant case law. Assuming the shop where the purchase was made had included an exclusion clause limiting liability briefly explain whether the company could rely on this clause.
The Sale of Goods Act (1979) is applicable to contracts of sale of goods which is where the "seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price." (Sale of Goods…
Sale of Goods Act1979 (nd) The National Archives. Retrieved from: http://www.legislation.gov.uk/ukpga/1979/54
Defective Products (2012) Consumer Issues. Retrieved from: http://www.enotes.com/consumer-issues-reference/defective-products
Panatol Corporation v. Emerson Electric Company No. 04-03-00547-CV (2005) Court of Appeals of Texas, San Antonio. 23 Mar 2005. Retrieved from: http://caselaw.findlaw.com/tx-court-of-appeals/1222310.html
Larson, Aaron (2005) Defective Products Law. Mar 2005. Retrieved from: http://www.attorneys-usa.com/products/products.html
The Paris convention is one of the Intellectual Property Treaties administered by World International Property Organization (WIPO). It was first signed in Paris in 1883 by 11 countries to provide international harmonizing and streamlining of intellectual property laws. It has been revised many times and its current language includes patents, trademarks and industrial designs. Major fundamental principles of the treaty include (World International Property Organization, 2013);
Anti-discrimination policy: each member country is obliged to give other member country nationals, the same protection and advantages it gives to its nationals.
Framework of priority: an invention can be protected from the same point, in time in various countries. The patent applicants are granted the date of their first filling; as the active application date for the patent applications in all member countries, for up to 12 months after filling the original application.
Berne Convention; it is also referred to as…
World International Property Organization, (2013). Paris Convention
for the Protection of Industrial Property. Retrieved September 3, 2013 from http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html
The United States Patent and Trademark Office, (2013). Madrid Protocol. Retrieved September 3, 2013 from http://www.uspto.gov/trademarks/law/madrid/index.jsp
Cornel University Law School, (2013). Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971). Retrieved September 3, 2013 from http://www.law.cornell.edu/treaties/berne/5.html
The elationship Between Ethics & Law in Business
Business is a generic term that refers to enterprise relationships between a provider of either a good or service and the client/customer or to another business. Business transactions throughout the course of history have involved a level of discretion between ethical and fair behaviour and the due process of law and litigation of various kinds. The relationship between Ethics and Law ostensibly is that of intent and accountability of intent. Ethically, the agents of a contractual obligation have a responsibility to honour the contract and each tenet stated in the contract.
Dunfee (1996) defines the relationship between business ethics and law as having attracted the attention of leading academics in the legal and philosophy profession over many decades. (e.g., Atiyah" 1981; Coleman, 1988; Dworkin, 1978; Greenawalt, 1989; Hart, 1963; Posner, 1983). Dunfee draws into question the synonym of morality to…
Alexander, K. (2006). Corporate governance and banks: The role of regulation in reducing the principal-agent problem. Journal of Banking Regulation, 7(1), 17. Retrieved fromhttp://search.proquest.com/docview/196004962?accountid=13044
Bruce, W., & McLaren, R.H. (1978). Is the government backing off from further controls on business? Ivey Business Journal, 43(3), 13. Retrieved from http://search.proquest.com/docview/225373068?accountid=13044
Dunfee, T.W. (1996). On the synergistic, interdependent relationship of business ethics and law. American Business Law Journal, 34(2), 317. Retrieved from http://search.proquest.com/docview/203397155?accountid=13044
Gachter, S.G., & nigstein, M.K. (2009). Design a contract: A simple principal-agent problem as a classroom experiment. Journal of Economic Education, 40(2), 173. Retrieved fromhttp://search.proquest.com/docview/235239663?accountid=13044
A burned wall collapses onto a crane which falls and injures Flo, a bystander.
Issue -- on what legal grounds could Flo recover damages from Dan.
Legal Issues -- Clearly, Dan was the actus reus, or specific instrument of an action in which other events flowed. It is not just Flo that can recover damages, but the gas station, the construction company and/or tenant, and the owner of the crane. While Dan did not plan the actions, he was liable for deliberate conduct regarding the events; he was reckless in that he knew (we assume he has passed a valid driver's test) that one should not leave a vehicle running and without an emergency brake.
Discussion -- Negligence is a breach of conduct or a failure to take reasonable care, intention or not. ecklessness means that the person was deliberate and aware of their actions, not necessarily the consequences. eckless…
Clarkson, K., et.al. (2006). West's Business Law: Text and Cases. Mason, OH: Thompson
It in this manner, therefore, that mediation is preferable.
OLE of MEDIATO in the INDUSTY
Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is limited from mandating a particular outcome which causes the mediation process to manifest itself as inherently non-binding 14.
A creative mediator practices extremely acute listening skills in order to tease out the interests that are most important to each party. To that end, he or she will identify different preferences amongst the parties and design a package where each party receives what it values most and concedes what it values less than the other party.
Focus will be…
1. SECONDARY SOURCES
Barclay, T. New Methods of Adjusting International Disputes and the Future London, Constable, 2008.
Boulle, L. Mediation -- Principles, Process, Practice, Chatswood, LexisNexis Butterworths, 2005
John Brown applied for a job as a grounds worker at a federal facility and was denied employment because of his sexual orientation. He asks you to explain the law relevant to his situation. What if the same thing happened at Boston University?
Unfortunately title VII does not prohibit discrimination because of an individual's sexual orientation. Though Title VII prohibits discrimination because of sex, the word sex is interpreted gender. However, the Employment Non-Discrimination Act (ENDA), is a proposed U.S. federal law that would prohibit discrimination against employees on the basis of sexual orientation. If it happened at Boston University, the University would pursue affirmative action and adherence to state and federal laws.
Six months after Harry was hired as a part-time retail clerk, twenty hours a week, he called in sick on a Wednesday morning..At first, his mother told the store manager that Harry had the flu and would…
" He believed the umbrella was his own and had no intent to deprive anyone else of property.
4. A reward poster for a lost dog is a unilateral contract. "I will pay you $1,000 for the return of my dog Zorro, in healthy and alive condition." The offer is the $1,000. The acceptance is the return of the dog, and a unilateral contract is only accepted by performance. A bilateral contract is a contract that is fulfilled by promises. The offer would be, "I will pay you $1,000 to purchase a puppy from your dog Zorro's litter." The acceptance is made with a promise to sell me that puppy. Now both parties are mutually obligated; I am obligated to pay the money for the puppy, while the seller is obligated to tender the puppy.
5. Tom and John enter into the following contract when John's daughter is born.
y extending the copyright term it virtually ensures that the person's children and possibly grandchildren will also not have to see that take place.
Other than peace of mind for future generations of relatives, however, there is really little to gain by an extension of the copyright period. The original creator of the work is gone, so he or she will not be complaining, and the original copyright act went fifty years beyond that person's death, so an extra twenty years does not gain much. What it does do is stop people with ideas that are creative and unique to some degree but would also play on or work with an older idea from getting those ideas to market and into the hands of readers and consumers.
This actually hurts the public as a whole, and people do not even realize it. It can also hurt creative people like writers…
Cheeseman, Henry R.(2003). Contemporary Business & E-Commerce Law, 4th Edition, Prentice Hall ISBN: 0-13-034852-X
Will the law consider the issue of adequacy of consideration in this instance?
No. Without some showing that the seller had specific expert knowledge of the book's value and purposely withheld that information to induce the seller to sell it for inadequate consideration, the court will not interfere in the transaction.
Generally, in order to rescind a sales contract for inadequate consideration, the transaction would have to be unconscionable at the time of its formation. Even the unconscionability would probably be insufficient in and of itself without some evidence to establish that the process or negotiations generating the transaction were patently unfair on the part of the party who benefited unconscionably.
The gross disparity between the actual value of the book and the nominal consideration paid for it would be sufficient to meet the unconscionability test under circumstances where the seller relied on misrepresentations of material fact by the buyer…
Is monitoring of employee emails and internet use a violation of a person's constitutional right to privacy? This issue is explored in detail in a journal article by Mcevoy entitled "E-Mail and internet monitoring and the workplace: Do employees have a right to privacy?"
In this journal article Mcevoy (2002) discusses the constitutional right of privacy in the workplace, specifically focusing on privacy issues related to employee e-mail and internet monitoring on the job. Her standpoint is that employees should not expect a right to privacy in the workplace with respect to private email communications and internet usage. Her stance is backed by cases brought against employers by employees. More times than not, the employer wins thus is granted the continuing right to monitor employee use of company equipment.
More and more technology has enabled employers to monitor workplace activities, particularly activities employee's engage in while on the…
Mcevoy, S.A. (2002). "E-Mail and internet monitoring and the workplace: Do employees have a right to privacy?" Communications and the Law, Vol. 24, Issue 2, p. 69
Finally, domestic violence advocates argue against family counseling because the idea of family counseling may bolster a batterer's argument that his or her victim somehow contributed to or helped cause the violence. From a criminal justice point-of-view, such a position is untenable. A person who steals a car is no less guilty of grand theft auto if the owner left keys in an unlocked car than if they broke the window and hotwired the vehicle. Domestic violence perpetrators should not get a break simply because their victims have made themselves "easy" targets.
The third solution to the problem of how to sentence domestic violence offenders is to force them to participate in BIPPs. Battering intervention and prevention programs are a relatively new development in domestic violence, which is, in itself, a relatively new area of law. However, they have been around long enough to demonstrate results, and the results that…
Carey, Benedict. "Anger Management May Not Help At All." New York Times Online. 24
Nov. 2004. New York Times. 16 Oct. 2005. http://www.nytimes.com/2004/11/24/health/24anger.html ?
Frederick, Loretta. "Effective Interventions in Domestic Violence Cases: Context Is Everything." Battered Women's Justice Project. 2001. Battered Women's Justice Project. 16 Oct. 2005 http://www.bwjp.org/documents/context%20is%20everything.htm .
Further, CIA should incorporate as a closely held corporation. Although they will still have to create officers, have annual meetings, and issue shares, this can all be done privately. In other words, the founder will be able to maintain his close involvement by being the sole shareholder and performing all the officer roles.
In order to ensure that the instructors are hired as independent contractors, CIA should take the following steps:
Have every instructor sign a contract clearly labeled "Independent Contractor."
Have all instructors turn in a W9 form, the standard federal tax form for independent contractors.
In the contract, clearly lay out that each instructor is not an employee, will not receive any employee benefits, that the agreement may be terminated at any time and have it signed as "Independent…
Business Law (predators
Businesses often engage in predatory practices to deter their competitors from entering their market niches or send their competitors out of business. Certain business ventures usually reduce their prices to destroy their rivals or worse still discourage new entry into the market. This happens regardless of the existence of the Sherman Act that was enacted to prohibit this predatory practice. The Sherman Act has largely been considered vague because of its inability to reign in firms that engage in predatory pricing vice (Areeda & Turner, 1975). Business ventures that engage in predatory pricing tend to draw a very vague line between legitimately competitive prices and prices that are utterly predatory. Businesses that engage in predatory pricing normally price their products below appropriate measure of cost with an intention of driving their financially weaker competitors out of business and establishing monopoly power. Courts have failed to address the…
Areeda, P. & Turner, D.F. (1975). Predatory Pricing and Related Practices under Section 2 of the Sherman Act. Harvard Law Review, 88(4), 697-733.
Bowdler, J. (2005). Jeopardizing Hispanic Homeownership: Predatory Practices in the Homebuying Market. National Council of La Raza, 15, 1-20.
Oster, C.V. & Strong, J.S. (2001). Predatory Practices in the U.S. Airline Industry. Retrieved May 27, 2013 from http://ntl.bts.gov/lib/17000/17600/17602/PB2001102478.pdf
Justice at Bat
The Story of Three Strikes Legislation
It has been said that only two things are certain - death and taxes. Yet to these two inevitabilities, many Americans would add a third -- crime. The fear of becoming the victim of a crime - especially of a violent crime - haunts many otherwise rational individuals. Violence, it seems, is everywhere. One need only turn on the television to be assailed by images of murder, rape, and physical assault. And, it is not only Hollywood that is the villain. Both local and national newscasts revel in the depiction and discussion of violent acts: a child is kidnapped; a pregnant housewife disappears and is later found murdered; a ruthless killer stalks the streets of a large city. The media like to quote facts. Just yesterday, on April 27th, it was reported that the murder rate in California's most…
Bellamy, Richard. "Crime and Punishment." History Review (1997): 24+.
Davey, Joseph Dillon. The New Social Contract: America's Journey from Welfare State to Police State. Westport, CT: Praeger, 1995.