Business Law Essays Examples

Business Law and Ethics Business Law the

Business, Law and Ethics

Business Law

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.

Rise 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 amount of rulemaking, application, sanctioning and interpretation within their own domain. Different organizational structures like alternate dispute resolution and internal grievance have risen, hence enabling dispute resolution without involving the courts (Samuel, 2004). Internal grievance and dispute resolution are operated by private sectors, which help to resolve consumer, and other…… [Read More]

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Business Law Which Type of

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 was issued, the maker of the note can refuse payment, or the drawer of a check can place order to stop payment. Breach of warranty might also be claimed as a defense to liability on an instrument. The lack of failure of consideration might constitute a defense in some instances.…… [Read More]

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Business Law and Manufacturer Responsibility From a

Business Law and Manufacturer Responsibility

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.

Another important consideration in this case is the fact that since two major corporations are named in the lawsuit, capitulating to the demands of the New Jersey couple would represent a significant president in such cases in the future, should any arise (LeMance, 2009). This is to say that a large payout…… [Read More]

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Business Law I Final

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 on: the issues, rules, applications and conclusions (IRAC method). This will provide specific insights that will highlight the options prosecutors have available in going after John. Once this takes place, is when they can prevent his actions from causing further problems in the future.

What are the key facts and…… [Read More]

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Business Law the Federal District Court for

Business Law

The federal district court for the district in which the State of Confusion resides will have jurisdiction over the constitutionality of the B-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 several States, and with the Indian Tribes." U.S. Const. art. I, § 8, cl.3.

In the first instance Tanya Trucker must identify the appropriate court in which to file a pleading. Pursuant to Rule 3 of the Federal Rules of Procedure, "a civil action is commenced by filing a complaint…… [Read More]

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Business Law Ethics

Business Law Ethics

Ethical Challenges

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 a probability he will lose his profit margins. Moreover, Owen may not trust or believe in his brother, who failed to disclose this important information to him. The challenges for Luke are determining if he should let Owen know about the pending announcement or maintain confidentiality to his employer and…… [Read More]

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Business Law the Differences Between Civil Law

Business Law

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 year, and a 'misdemeanor' that results in a jail term of less than a year. (Differences between Civil and Criminal Law in the U.S.A.)

In Civil Law, however, there is absolutely no jail term or any other method of punishment for the defendant, except in cases where there was 'malicious…… [Read More]

Business Law Products Liability and

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 reducing the costs of the problem. As a pharmaceutical company, Merck will continue risking similar problems with products that it manufactures. Thus it should create preventative and reactive plans to deal with them. Risk avoidance is not an option because pharmaceutical development and manufacturing is the core of their business.…… [Read More]

Business Law Ethics

Business 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. Be 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 calculated to cover up that neglect. As soon as Wieder figured out that L.L. was lying to him, he reported the misconduct to two senior attorneys in the law firm. Each of these senior attorneys admitted that L.L.'s misconduct did not surprise them. Moreover, they revealed that they knew "(t)…… [Read More]

Business Law in 1960 an Advertisement Was

Business Law

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 have been brought up by public officials against those who criticize the official duties of the press. The court ruled in favor of Sullivan as it found that the news paper had represented Sullivan and the police department falsely. The New York Times lost its appeal in the Supreme court…… [Read More]

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Business Law What Is the

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, Ringleb 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 expenditures and with the escalation in the amount and authority of bureaucrats, also called government or public segment workers, public servants or civil servants (Bureaucracy, 2011).

To carry out their tasks, governments utilize an assortment of organizational associations, the two main types being departments and non-departmental entities. The federal government…… [Read More]

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Business Law When Most People Think of

Business Law

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 merged with Northern Natural Gas. The combined companies were taking advantage of deregulation inside the natural gas industry and electricity markets. At the heart of their strategy, was to create a business model to purchase these assets and then sell them to customers for a sizable profit margin. This became…… [Read More]

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Business Law One of the

It is at this point, when the company will address these challenges over the long-term and become more economically viable in the process. ("Resolution 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. ("Resolution 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 will cause regret about the incident and the pain it is inflicting upon others. ("Resolution of Business Ethical Dilemmas," n.d.)

However, if the firm were to file for bankruptcy and reorganize, it will deal with the long-term consequences of the litigation that is taking place. This means that the company…… [Read More]

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Business Law a Legal Analysis of Pricing

Business Law

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 as a finance function is often integrated into the broader strategic marketing and distribution strategies of an organization. The Sherman Antitrust Act has empowered the Antitrust Division of the U.S. Department of Justice to take action on cases where the financial structures of sellers or market making companies, seek to…… [Read More]

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Business Law Memorandum of Law Parties Alpha-

Business Law

MEMORANDUM OF LAW

PARTIES

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.

FACT PATTERN

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 Betabond placed an order for the photocopier machine.

In its order Betabond included certain terms and conditions.

These certain terms and conditions were materially different from those in Alpha's quotation.

Betabond's terms and conditions included:

No price variance.

The right to cancel the order for late delivery.

And a tear-off…… [Read More]

Business Law Describe the Commercial Clause in

Business Law

Describe the "Commercial Clause" in the United States Constitution and explain how its scope and meaning has been interpreted by the courts.

Referring "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 but also the meaning of the commercial clause, with two such interpretations having taken place in Gonzales v. Raich (2005) and Hicklin v. Orbeck (1978). In the case of Hicklin v. Orbeck (1978), a statue had been successfully passes by Alaska in which case residents of Alaska were to receive…… [Read More]

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Business Law in the Case

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 that the criminal act includes not only an act but the covering up of such an act. For routine criminal offences, abetting a criminal in cleaning up a crime (such as murder) is considered to be a criminal offense. In light of that, an exception appears to have been made…… [Read More]

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Business Law the Situation Described

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 delivered to B, and history showed that B's conduct implied a contract only when the nails were accepted, then no contract exists. B has effectively canceled the agreement by waiving the deal prior to a's delivery of the consideration. It is unlikely under the circumstances described that a contract would…… [Read More]

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Business Law There Is a

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.

Works Cited:

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… [Read More]

Bibliography:

Business Law - Bug Inc

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 WIRETAP and its employee, Steve. If they want to bring a successful action against WIRETAP for civil RICO, what do they need to prove? What type(s) of damages could BUG receive?

The RICO 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 RICO can be extremely harsh. Guilty parties could face both criminal and civil forfeitures, a $25,000 fine and imprisonment for up to 20 years. This remedy is coupled with the forfeiture of all properties and interests related to any related violations. Civil penalties for RICO also include treble damages and attorney's fees for any successful plaintiff.

For WIRETAP to qualify, Bug would have to show that…… [Read More]

Business Law Arbitration Agreements Arbitration in Business

Business 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 evidence and legal arguments to the arbitrator. The arbitrator makes a decision, which is deemed as an award. Decisions made by arbitrators are usually final decisions and are subject to only very limited review by a court as expressly set out in the law. Arbitration can be used in consumers…… [Read More]

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Business Law - 6 Case

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.

Legal Issue:

Is a party to a contract held to a forum selection clause when that clause was not subject to a negotiation?

Decision:

The process of "clicking through" is commonly accepted in Internet transactions and a party who accepts a contract containing a forum selection clause in that manner is bound by that clause. The transfer of the property by Tucows pursuant to legal order was proper at the time.

Rationale:

Public policy is not served by allowing parties to contracts…… [Read More]

Business - Law Business Law

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.… [Read More]

Business Law the Author of This Report

Business Law

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.

Regarding 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. Regarding whether Taco Bell entered an implied-in-fact contract, they really did. The reason this is fairly obvious is that they took the ideas and concepts offered by Wrench, considered it internally (with the knowledge and consent of Wrench LLC) and then used the idea in their advertising almost verbatim but while cutting out Wrench LLC from consideration for their (successful) idea. The fact that Wrench…… [Read More]

Business Law in the Annals

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 the common people be heard in the case.

The Most and Least Convincing Reasoning in the Case

Obviously, the Justices took opposing views on the question of guilt or innocence, and likewise for many unique reasoning systems. Because of this, there is reasoning in the case that is most convincing…… [Read More]

Business Law Dimitri vs Bib Bob's Having

Business Law

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 Resource, 2013). The accepting party to the contract was to carry out a specific duty, (swim from Connecticut beaches to Long Island), within a specific time frame (less than a day) for a specific reward or pay (pegged at $5,000). The offering party deemed this reasonable and the accepting party in his sound mind…… [Read More]

Works Cited:

Business International Business Law in

In the case of Hodge v. Garrett 101 Idaho 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 after the contract was signed. Hodge also testified that he offered to pay Voeller the full purchase price when he signed the contract, but Voeller told him that that was not necessary. The trial court decided that Voeller had actual and apparent power to execute the contract on behalf of…… [Read More]

Business Law A Robert Sold

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 fraud and therefore the SEC could bring a lawsuit against him for damages relating to this trade,

c) Anova will not be required to pay TNA anything for selling her shares. The shares were purchased in good faith long before the takeover bid was launched. The shares were later sold…… [Read More]

Business Law Contract Analysis U-Haul

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

The Uniform Commercial Code (UCC) regulates business transactions in all of the 50 states. Every state has adopted the UCC, or one of its revisions. Article 2 of the UCC regulates sales. U-haul uses a blank contract to govern all of its purchases from outside vendors. The specifics of the…… [Read More]

Sources:

Business Law This Document Contains Legal Advice

Business Law

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.

Consumer Law

The consumer law of Australia generally bans all the misleading activities in the business and trade. It does not allow deceptive advertisement or claims that cannot be fulfilled. The consumer is offered the rights to have conscious information about the terms of the business deal. The business deal should not involve an unfair element that misguides the consumer party. The manufacturer of the product…… [Read More]

References:

Business Law Memo the CEO

When 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 organization. It is at this point when they can investigate further and uncover something. That could be in violation of Sarbanes-Oxley. ("Sarbanes-Oxley Act") (Holland)

Identifying locations subject to testing / coverage is where the company has found specific areas that need further attention. This is important, in assisting managers to…… [Read More]

Works Cited:

Business Law Berkeley Premium Nutraceuticals

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 include two home lots, several vehicles, a boat and brokerage accounts held by Warshak family members and associates (Feds file new complaint for Berkeley, 2006).

In the end the founder and president of Berkeley Premium Nutraceuticals was found guilty of numerous felony criminal charges that included conspiracy to commit mail,…… [Read More]

References:

Business Law for Accountants

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 business arrangments do so for the same motives. For example, in a limited liability partnership arrangement, ideally each partner would have sufficient malpractice or other insurance coverage to provide adequate relief to a claimant in a lawsuit. Therefore, entering into a limited liability partnership arrangement would not be a means…… [Read More]

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Business Law Discuss the Doctrine

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.

Question

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 that of the Coca-Cola formula. Note as well that part of what makes a trade secret a legally protected secret is the level of the enterprise's vigilance in protecting said secret. Courts are usually unsympathetic to businesses that have not tried to protect their trade secrets with great vigilance, and…… [Read More]

Bibliography:

Business Law and Strict Liability

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 negligent breach of duty would apply even at the gas station.)

Public Policy Rationale:

Ordinary liability requires some negligence to satisfy the element of breached duty of care, because there must be some logical basis for faulting the defendant company. However, public policy demands strict liability where a company (or…… [Read More]

Business Foundations of Business Law

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.

References

"Alternative Dispute Resolution - Guide to Alternative Dispute Resolution Law," 2010, viewed 25 August 2010,

"Australian Family Law," 2010, viewed 25 August 2010,

< http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/about/FCoA/AFL_Overview>

"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>… [Read More]

Works Cited:

Business Law - Issues in

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 so good that he was hoping to break out a rear wall and open an outdoor sun deck for the following summer, but he was hesitant to trust any contractor since there seemed to be no way to guarantee a completion date. The lawyer explained that Jose could actually do…… [Read More]

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Business Law False Advertising it Is Ethically

Business Law: False Advertising

It is ethically and legally important to remain truthful in advertising. Companies are not allowed to attract customers with false advertisement. Legally speaking, a company can come under attack for promising something it doesn't mean to deliver or changing the terms of delivery of those promises when customer makes a demand. But several times, businesses especially small business owners might use bait and switch advertising tactic to attract customer and this can give rise to legal issues. Bait and switch advertisement is seriously forbidden by law and consumers are protected against such actions through various FTC guidelines. The terms of the advertisement are binding according to FTC rules and guidelines. FTC clearly states that when a product is advertised, it must be present at all mentioned outlets at the price mentioned in the advertisement. A person would be accused of false advertising if the product is no longer available when customer walks in to purchase it, or when the seller tries to sell it at a higher price or when another product is offered in its place. All these actions would be considered bait and switch. FTC clearly defines bait and switch advertising as, "…an alluring…… [Read More]

References:

Business Law Ethics in Action Common Characteristics

Business 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.

Because of the level of diversity in the workplace and the necessity to take into consideration all the stakeholders, evidence of a poor, potentially unethical decision is one that disregards the impact his or her decision will have on those vested in the company or corporation. Moreover, a characteristic of a poorly crafted decision is one that does not take the decision maker into consideration. The decision maker will be credited…… [Read More]

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Business Law and Enforcing Contracts

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 services, in which case he would have to prove that he was unable to rebook the time at the same amount of profit for his time.

Contributory and Comparative Negligence Concepts

By failing to use the crosswalk and by darting out into traffic, the plaintiff was negligent and therefore partially…… [Read More]

Bibliography:

Business Law the 1988 and Later 1992

Business Law

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 federal legislation related to public health announcements as being superior to any state business law. This is known as the Supremacy Clause. The Supremacy Clause is something that all businesses do need to be aware of, especially if their operations in one state conflict with laws in another state or…… [Read More]

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Laws Relating to Different Businesses Laws Related

Laws Relating to Different Businesses

Laws Related 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 design business also, you need a business permit from your local county or city.

The agency governing biotech companies and approving their final product is the Food and Drug Administration (FDA). They oversee the potential use of the drug, its after-effects, patenting and other legal procedures. The Congress also plays…… [Read More]

References:

Business Law During the Consumer Movement of

Business Law

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 to enforce. As a result, consumer protections are subsumed to corporate interests.

There are many examples of this over the past few decades. A recent example would be Republican efforts to water down the role of the Consumer Financial Protection Bureau, something that will allow financial corporations -- already responsible…… [Read More]

Bibliography:

Business Law Utility Patents and Employee Contracts

Business Law

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? Who can file for a patent and what is the process for applying? What 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 could just become super rich. A thought crosses your mind - I should patent this and I wonder if the patent process is difficult? Actually, the patent process is not a difficult process to understand and use at all.

However, if your employee contract is worded in just such a…… [Read More]

Business Law Scenario Dana and Ronnie Operate

Business Law

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 black to grey from left to right. TraderRon.com uses a multimedia presentation to explain its operation to users. The multimedia presentation was created by a friend of Dana's as his senior portfolio project at school, where he was majoring in website design and multimedia. Dana paid him with a free…… [Read More]

Business Law the Objective of This Work

Business Law

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 Act, 1979) The contract may be either "absolute or conditional." (Sale of Goods Act, 1979) Where under a contract of sale 'the property in the goods is transferred to the seller by the buyer the contract is called a sale." (Sale of Goods Act, 1979) In regards to implied terms…… [Read More]

Works Cited:

Business Law the Paris Convention Is One

Business Law

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 Berne Convention for the Protection of Literary and Artistic Works. The treaty was incepted in1886 with the sole aim of protecting the rights of all authors and artists as long as they are from member countries.

The treaty allows any author from the member country, to be awarded same rights…… [Read More]

Resources:

Business Law the Relationship Between Ethics &

Business Law

The Relationship 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 ethics and the research literature in business ethics and law. According to Dunfee (1996), "The overall view of these texts concerning the relationship between the legal and moral domains is summarized in the following quotes: "Law is the public's agency for translating morality into explicit social guidelines and practices and…… [Read More]

References:

Business Law Standford Engineering and

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. Recklessness means that the person was deliberate and aware of their actions, not necessarily the consequences. Reckless conduct is based on the person, in this case Dan as a delivery driver, and the societal assumptions that a professional driver should have the required knowledge that failure to turn off the vehicle or at least put on the parking brake might have dangerous consequences. However, the situation becomes…… [Read More]

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Business Law Is Becoming Increasingly

It in this manner, therefore, that mediation is preferable.

2.3

ROLE of MEDIATOR in the INDUSTRY

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 not only on the interests and relationship of each party but also on cross-interests and cross-relationships that exist within the various departments and divisions of, for instance (taking the case of the oil and gas company), the lesser, as well as the inter-family or other interests that may exist, for…… [Read More]

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