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Law of sales and Uniform Commercial Code
Business law in most cases deals with the laws governing sale of goods and the implications making sales. This paper aims to concentrate on the explanations regarding the UCC, which is the Uniform Commercial Code, and its effects on the governing of sale of goods in general. The article will also identify and critically explain the applications of the Uniform Commercial Code, which are relative to the Zabriskie Chevrolet Inc. Vs. Smith case. There will also be immense discussions related to the public policy considerations that are supportive of the Zabriskie case.
Law of sales and Uniform Commercial Code
The Uniform Commercial Code is an instituted committee that has the obligation to provide timely data and information together with providing training opportunities to the people engaging in commercial law, otherwise known as Business law. The code deals especially with the commercial…
Uniform Computer Information Transaction Act
The prevailing decade has been significantly marked as a decade of high technology and advancements. The most technological nations across the world have drifted from conventional and traditional brick and mortars business to the online rather the dot com era of advancements.
Either of the two generations of the dot com business advancement, accessibility and understandability remained the core issues. The very ideology that forms the mainstream of the e-commerce business is the exchange of goods and services for an equivalent amount of cash payment. The e-commerce business completes its phase of existence by means of the common modes that include
Business to business transaction
Business to consumer transactions
Consumer to consumer transaction
Business to government transaction
Government to business transaction
Consumer to government transaction
Government to consumer transaction
Because the basic condition to satisfy the online transaction involves the exchange of goods and services…
Alboukrek, K. (2003). Adapting to a New World of E-commerce: the Need for Uniform Consumer Protection in the International Electronic Marketplace. The George Washington International Law Review, 35(2), 425+. from Questia database: http://www.questia.com/PM.qst?a=o&d=5036117158
Bouchoux, D.E. (2001). Protecting Your Company's Intellectual Property: A Practical Guide to rademarks, Copyrights, Patents and Trade Secrets. New York: AMACOM. from Questia database: http://www.questia.com/PM.qst?a=o&d=111445265
Koslow, S.H. & Huerta, M.E. (Eds.). (2000). Electronic Collaboration in Science. Mahwah, NJ: Lawrence Erlbaum Associates, from Questia database: http://www.questia.com/PM.qst?a=o&d=15472216
Mahdi, S.A. (2001). Gateway to Arbitration: Issues of Contract Formation under the U.c.c. And the Enforceability of Arbitration Clauses Included in Standard Form Contracts Shipped with Goods. Northwestern University Law Review, 96(1), 403+. from Questia database: http://www.questia.com/PM.qst?a=o&d=5035784172
UNIFOM LINEN LEASING COMPANY (U&L)
The Uniform Linen Leasing Company was first established in1942 as a small privately-owned company, it aid in production of services such as; renting, cleaning, maintaining and delivering workplace uniforms and lines to local restaurants and hospitals. The founders of the company are William and Charles Miller. The U&L due to technological adoption has grown and has expanded their services throughout the United States. It has increased their services to include rental lease and direct purchase programs.
The Uniform Linen Leasing company is facing competition, one of their largest threat is in the area of increased operational costs, these are rising due to the continuous growth of the company which as a result has led to rising labor wages, workers compensation an increase and aging retirement population with pension and miscellaneous benefits, rising state of unemployment insurance and rising healthcare costs.
The U&L Company put the…
Byrne Harlan. (2007)G&K services Inc.Acquisition to boost firms results
Tose additional taxes are determined at te local level, but Clark County does not impose tose additional taxes. Indiana is also one of te states tat impose state income taxes; terefore an employer in Indiana must prepare witolding information for its employees. Te general requirements of state income tax witolding in Indiana may be found in Ind. Code § 6-3-2.
Finally, in Indiana, business licenses and permits are a matter of local and county law, and tose requirements will be examined in te local law section.
Labor and wage issues are of major concern to employers and are covered by a wide range of laws, ranging from occupational safety issues to weter or not an employer can loan an employee money. An employer must understand all of tese laws in order to be in compliance wit state labor laws. Indiana maintains a state minimum wage, wic is governed by Ind.…
Katzenbach v. McClung, 379 U.S. 294 (1964). Retrieved from Findlaw website:
com/html/HotLinks_LemonUCC.html).Therefore the law allows an assumption on the part of the buyer to believe that the vehicle is free from defect unless that defect has been disclosed prior to purchase (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html).
The UCC mandates with regards to Lemon Law provision allows a buyer to reject a purchased vehicle and break the financial agreement if the vehicle is found to be defective within a reasonable time period from the purchase.
The time period that is considered to be reasonable is not clearly defined by the UCC however, it provides time for the buyer to take possession of the vehicle and have it inspected for defects by another party.
The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html)."
In the named…
New Jersey Lemon Law (accessed 3-9-07)
UCC Overview (accessed 3-9-07)
http://www.michigan.gov/sos/0,1607,7-127-1631_8851-29412 -- ,00.html
contract for sale must be made and signed by bot parties or by parties' autorized agent. All details must be clearly and specifically stated. Te contract must also satisfy all details of subsection and satisfies requirement unless recipient gives notice of complaint witin 10 days of signing contract. All tese contracts refer to goods of $5,000 or more.
A contract wic even toug it does not satisfy te details of subsection, may still be enforceable if:
buyer as specifically requested goods tat are custom-made just for im and would not be suitable for anoter if te party against wic claim for enforcement was made admits tat te original contract was enforceable but tat e sees no grounds for enforceability under tis or oter paragrap contract is also enforceable in regards to goods tat ave been paid for, accepted, and used.
Contracts may become unenforceable if not carried out witin te…
Regulating commerce between the states was one of the overriding problems facing the drafters of the original U.S. Constitution. Under the Articles of Confederation, regulating such commerce was a significant problem so when the Constitution was being written the following language was incorporated to address the problem. In Article 1, Section 8 the Constitution states:
o regulate Commerce with foreign Nations, and among the several States,
and with the Indian ribes.
Further, in Article 1, Section 9 the Constitution states:
No ax or Duty shall be laid on Articles exported from any State. No Preference
shall be given by any Regulation of Commerce or Revenue to the Ports of one
State over those of another, nor shall Vessels bound to, or from one State
be obliged to enter, clear, or pay Duties in another.
he issue of the Federal Government's power to regulate interstate commerce was not largely contested until…
The distinction between selling and licensing is essentially focused on the ownership of the product. When a product is sold the purchaser is granted ownership and is free to use and dispose of the product in whatever fashion he or she feels is appropriate. In a licensing situation, however, the ownership of the product is retained by the vendor and the purchaser is afforded the right to use the product but in a limited fashion. The product owner retains the right of ultimate control subject to the licensing conditions granted to the licensee.
The drafting of the UCITA was originally intended to serve as an amendment to article 2 of the Uniform Commercial Code (UCC). Joining in the draftsmanship of the UCITA were the two organizations sharing responsibility over the management of the UCC, the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL). Disputes related to the UCITA being imbalanced and unfair to software users eventually arose between the two organizations. Ultimately the ALI withdrew its support for the provisions of the UCITA. Without the ALI's support the enactment of the UCITA as an amendment to the UCC became impossible and the NCCUSL went forward with the approval of the UCITA as a standalone document.
Although the UCITA eventually received the approval of the NCCUSL committee, individual state approval has been slow in coming. Organizations such as the American Bar Association have openly opposed its approval. Patrick Thibodeau, (2003), ABA refuses to endorse UCITA, Retrieved November 27, 2010 from the World Wide Web: http://www. Computerworld.com/s/article.
The things most frequently linked with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. A warranty is breached when the guarantee is broken or when goods are not as anticipated, at the time the sale takes place, whether or not the defect is obvious. The seller is responsible to make things right by giving a refund or replacement.
It is possible for a seller to disclaim warranties. This is usually done by a statement made by the seller that states that no other warranty is expressed or implied. The UCC covers the scope to which sellers may disclaim definite kinds of warranties such as the warranty of merchantability or fitness for a particular purpose, or even disclaim all warranties in the case of starting that the goods are sold as is. Seller can specifically disclaim warranties of merchantability and fitness for a particular function.…
Sale of Goods. (2010). Retrieved November 9, 2010, from Trans Legal Web site:
Uniform Commercial Code. (2005). Retrieved November 9, 2010, from Cornell University Law
School Web site: http://www.law.cornell.edu/ucc/ucc.table.html
UCC and NSF Checks
UCC and the Returned Check little wonton money, which burned out the bottom of his purse.
Sir Thomas More (1478-1535), Works
If one thing is sure in this financial world of ours, writing a check sure to bounce is a very bad thing. part from the messy ideas of morality and the duties of the upstanding citizen, it is a dangerous business, indeed, should one indulge in the practice either, willfully, or even mistakenly, yet with noticeable frequency.
In all states, knowingly writing a check with insufficient funds, or, in bank terminology, an NSF check, is a crime. Indeed, over 450 million so called "bounced checks" are written every year (in fact, some check recovery agencies put the number at closer to 700 million), and are the bane of commercial traders and service providers. For this reason, district attorneys countrywide are ready and able…
A www.lectlaw.com/def4/u021.htm. http://www.law.cornell.edu/ucc/3/3-104.html
Statute of Limitations for Fraud
This refers to the maximum time legal action may be brought against someone for the commission of a fraud.
This Statute depends on the jurisdiction. Most federal crimes in general have up to 5 years to prosecute. Capital offenses, however, have no Statutes of limitation. Federal frauds carry 10 years Statutes of limitation. These include frauds committed against banks and financial institutions and involving passports or citizenship. Major frauds in the U.S. carry a seven-year limit. Tax frauds have a 6-year limit.
Legal action is usually begun upon the commission or discovery of the fraud.
Alaska, Kentucky and Missouri observe a 10-year limit for fraud. Limit for Alabama is only 2 years and Louisiana, only 1 year after the commission of the fraud.
Like murder and other crimes, fraud can overwhelm a victim's whole life.
Fraud is thus governed by this Statute of Limitations.
3 Taylor Klett, the Statute of Frauds, Chapter 15 (Sam Houston State University, 2006)
Uniform Commercial Code, Article 2 2-201 LII (2004)
Maurice Sellbinder, Criminal Fraud and Statute of Limitations (2013),
Whitt v Teeter
American Business Legal Environment - American Business law is also known as commercial and corporate law. It governs all business and commercial transactions, but most consider it to be a branch of civil law that has evolved into a more specific level of focus. This form of law governs manufacture and distribution of goods, guarantees, accidents, corporate responsibilities, contracts, hiring practices, and the manufacture and sales of consumer goods. In the United States, unlike some other countries, commercial law is part of the purview of the U.S. Congress and the civil codes that govern laws between the states. This template came about based on needing to establish some sort of legal venue that would transcend individual state's jurisdictions so that goods could be transported between states and still have legal protection (Commercial Law, 2010). Many efforts have been made to create a more unified, "national" code that…
Commercial Law. (2010). Cornell University Law School Legal Information Institute. Retrieved from: http://www.law.cornell.edu/wex/Commercial_law
How the Legal System Works. (2012). Find Law. Retrieved from: http://public.findlaw.com/abaflg/flg-2-2a-4.html
Introduction to the Court System. (2003). Syracuse University College of Law. Retrieved from: http://www.law.syr.edu/Pdfs/0Intro%20Court%20System.pdf
Is Workplace Sexual Harassment on the Rise? (April 16, 2010). SHRM Poll Online.
9. eturns - defines the condition under which the product can be returned, what procedures must be used, advance notice requirements, shipping issues and the like.
10. Damages - defines procedures for reporting, estimating and recovering damages if suffered by any party. This may include penalty payments with a defined upper limit for recovery.
11. Governing Law - defines the location where litigation will occur in the event that a breach of contract suit must be pursued through the court. The Mooters interest: This contract component would have defined Britain or France as the court for litigating recourse and recovery. With regard to the Mooters situation, different jurisdictions and applicable laws apply if this suit progresses to court.
The following contract components could have been included in the Mooters' sales contract; however, given its likely low monetary exposure, these contract components are likely unnecessary.
Entire Agreement - defines that no…
Black's Law Dictionary. (1990). St. Paul, MN: West Publishing Co.
UN Convention on Contracts for the International Sales of Goods. (1980). [Online]. Available: http://www.uncitral.org/pdf/english/texts/sales/cisg/CISG.pdf.
Uniform Commercial Code - Article 1. (2008). Cornell University. [Online]. Available: http://www.law.cornell.edu/ucc/1/ .
Contracts, Contract Law, And Society
Contracts are legally-binding agreements between two or more self-regulating parties for the purpose of furthering their commercial goals (Eisenberg, 1994). The elements of contracts, together with the laws that provide protections for the parties involved, are theoretically straightforward and appeal to common sense principles, but in practice the forging of contracts and their enforcement can at times be complex. The theories and principles that underlie contract law also remain somewhat controversial and refractory to unequivocal definitions (Schwartz & Scott, 2003). To gain a better understanding of why contracts are so important to society this essay will review the essential element of contracts and the theories supporting their use, from a social, economic, and legal perspective.
Elements of a Contract
The four basic elements of a contract are: (1) mutual assent, (2) consideration, (3) capacity, and (4) legality (Legal Information Institute, 2010). Mutual assent…
Contractors State License Board. (2012). What should I look for in a contract and binding agreements? California Department of Consumer Affairs. Retrieved from: http://www.cslb.ca.gov/consumers/hireacontractor/contractsandbindingagreements.asp .
Eisenberg, M.A. (1994). Expression rules in contract law and problems of offer and acceptance. California Law Review, 82(5), 1127-1180.
"Legal Elements of a Contract." (n.d.). Kansas State University. Retrieved from http://www.hfrr.k-state.edu/doc3109.ashx .
Legal Information Institute. (2002). U.C.C. -- Article 2 -- Sales (2002). Retrieved from: http://www.law.cornell.edu/ucc/2 .
John, 18 and 17 years of age, are best friends during their senior year of High School. Both are going to college and decide to open a lawn care business over the summer to assist in tuition costs. The team sent out flyers to their neighborhood households offering to cut the grass for $20/week. Within a few days they have signed contracts with the Smith and Johnson family to maintain their lawns until September 15. Because of this, the team purchases a new lawn mower on credit from Mower Supply Company. The equipment is purchased in May.
The business is so successful Sam and John acquire more customers and are forced to set up a schedule that requires them to work long hours. Unfortunately, the Johnsons lose their jobs in July and are no longer able to pay Sam and John for lawn services. The team contends, however, that they…
They committee can establish a contract between the builder and contractor, provide a clear intent of each, demonstrate a breech by the faulty building and receive damages.
12.4 Unfortunately, I do not feel that, as the situation is worded, Einhorn can sue Seeley. In this situation, there is no implied contract between her and the locksmith. In other words, because she was a third party and only a guest I do not feel she can claim to have a contract with the locksmith and there is no culpability for negligence on the locksmith's part.
12.9 PEPCo cannot maintain the law suit because the contract specifically implied that that the contractor was prohibited from assigning "any moneys due" without the city's approval. "The Contractor shall not assign this contract or any part thereof, or any moneys due or to become due thereunder, without the written prior approval of the Owner. The…
The doctrine of good faith and fair dealing is like the idea of fairness, is simple to expressive but hard to relate with accuracy. Most lawyers know the policy in the circumstance of personal property sales for the reason that the Uniform Commercial Code is clear on that issue. The principle is frequently murky though in regards to other matters. The principle is additionally clouded when courts and critics merge it with ideas such as disclosure, misrepresentation and fraud. Causes of action based on contract law join with those founded in tort. With the ensuing mess of conflicting legal principles, it is not unexpected that courts take a fact exact move toward deciding cases and, in doing so, often reach conflicting conclusions (Walsh, n.d.).
There have been two significant efforts to establish the connotation of good faith and to figure out what kind of conduct the duty commands. Most…
Weigand, Tory a. (2004). The Duty of Good Faith and Fair Dealing in Commercial
Contracts in Massachusetts. Retrieved December 15, 2010, from Web site:
Uniform Commercial Code. (2005). Retrieved December 15, 2010, from Cornell University Law
Any good that is purchased from Amazon via the internet is governed by Article 2 of the UCC. Buying a CD from this site would constitute buying a good. When the Amazon site puts a good up for sale then they are making an offer and when a person agrees to buy that good they are accepting that offer. This transaction would fall under the proposed new UCC § 2-204(4) because it is a transaction done via the internet. In this transaction I had the choice of refusing or taking feat that in order to use the electronic agent to conclude the transaction or to designate acceptance of an offer, in spite of other expressions or actions by the person to which the electronic agent cannot respond.
Once I ordered the CD the merchant had a responsibility of good faith in its performance and enforcement of the contract by providing…
In the case of United States, Article 9 of the Uniform Commercial Code provides for practically all types of security agreements for owned property that are both for own use as also for commercial purposes. This type of agreements includes fixtures which mean personal property that is attached to the property, and the ready example can be a water heater. This does not include other liens taken on the property like the lien of a mechanic are not covered by this act, but are covered by the individual laws that govern them. There is also a statute of frauds and that requires a security agreement to be in writing for it to be valid, unless the property has been pledged for getting the loan. This sort of a pledge takes place when the borrowing party shifts the collateral to the lender of money in exchange for the loan that he…
9-203. Attachment and Enforceability of Security Interest; Proceeds: Formal Requisites.
Retrieved at http://www.law.cornell.edu/ucc/9/9-203.html . Accessed 10 November, 2005
Bailey, Sue. PM defensive over election threat. Retrieved at http://cnews.canoe.ca/CNEWS/World/2005/11/03/1291616-cp.html . Accessed 10 November, 2005
Banking: An overview. Retrieved at http://www.law.cornell.edu/topics/banking.html . Accessed 10 November, 2005
International Sales Contract
Ross T. Smyth and Co. Vs. TD ailey Son & Co  All ER
This paper will examine and discuss the specific implications of Lord Wright's statement and how this related to the seller and buyer, specifically in the context of the c.i.f. And f.o.b. contractual meaning.
In the historical case Ross T. Smyth and Co Ltd. Vs. TD ailey, Son & Co.  3 All ER 60, Lord Wright, upon considering a dispute between the parties is said to have stated:
Now it is true that all these rules both under section 18 and section 19 are prima facie rules and depend on intention in this regarded by the parties is seldom or never capable of proof. It is to be ascertained, as already stated here, by having regard to the terms of the contract, the conduct of the parties, and the circumstances of the case.…
In the Supreme Court of Africa (1999) Highveld 7 Properties et al. v. Timothy Luke Bailes [Online] available at http://kiewiet.uovs.ac.za/facultieslaw appeals/31998.htm
Federal Court of Australia (1999) Westpac Banking Corp v. Stone Gemini  FCA 434 [Online] available at http://jusgments.fedcourt.gov.au/1999/j990434.yes.htm
Smyth Ross T. & Co. Vs. T.D. Bailey & Co. (1940) All ER 60 (HL)
Online] available at http://ourworld.compuserve.com/homepages/pntodd/cases/cases_s/smyth_t.htm
However, the woman will have to get the promise in writing. Furthermore, the woman's remedy would not be to force the man to marry her, but to receive compensation for the monetary damages that she suffered as a result of the move.
hile the English Act for the Prevention of Frauds and Perjuries covered the type of agreement just described, it also covered other types of promises made in contemplation of marriage. Perhaps one of the most common of those scenarios was when a woman would allege that a man promised to marry her if they engaged in certain sexual activities. A man who made such a promise might later deny it.
The final type of contract involves those contracts that cannot be completed in less than a year. An example of that type of contract is a contract for a two-year gym membership. A typical contract would provide a…
Huey, Nathan A. "Email and Iowa's Statute of Frauds: Do E-Sign and UETA Really Matter?"
Iowa Law Review 88 (2003): 681-704.
National White Collar Crime Center and the Federal Bureau of Investigations. "IC3 2003
Internet Fraud Report." Internet Crime Complaint Center. 2004. Internet Crime
Court Ruling: You Be the Judge
The litigants are in court because the plaintiff Christina Blasco is arguing that her payday loan check to Money Services Center (MSC) is non-negotiable and therefore cannot be cashed after her filing for bankruptcy. The defendant MSC is arguing that the check is negotiable and therefore can be cashed. Normally personal checks are negotiable and may be cashed after the party files for bankruptcy -- thus MSC should normally be able to cash the check and receive its return on investment in Ms. Blasco. The problem is that Blasco is interpreting a rule about checks, which states that the check itself must state a definite amount -- and the check that she has written, she argues, is ambiguous and indefinite because the words do not precisely match the numerical amount stated (and in such cases it is the words that take precedent). Because the…
All products have to be returned in the original packaging and be in the same condition that they were in when the customer got them. The return may be rejected, or costs deducted for missing parts, non-original packaging, abuse, misuse or user negligence (Toshiba Laptops, 2010).
If I were to buy this computer and wish to return it not only would I be responsible for the shipping costs to send it back there is a chance that it would be rejected by the company. As long as the product is returned in the original packaging and in the same condition as I received it then I would be given a full refund minus any shipping costs that I had originally paid. This is basically saying that if I were to receive the computer in good working condition and would then decide that I did not like it or want it…
Toshiba Laptops. (2010). Retrieved May 19, 2010, from Toshiba Web site:
UCC: uniform commercial code. (2004). Retrieved May 19, 2010, from Cornell University Law
LaSalle Bank, N.A. v. Cypress Creek 1, L
Secured transactions are relatively commonplace and generally well understood, however certain scenarios can emerge that challenge legal minds and legal precedents to offer an appropriate solution. Article 9 of the Uniformed Commercial Code governs this type of transaction, in which the lender obtains a security interest in certain goods or property owned by the borrower and becomes owner (or part owner) of this collateral should the borrower default on the loan payments, but this law is not necessarily enough to adequately determine the outcome in every situation (Cornell, 2012). A recent case in Illinois illustrates the complexities that can occur when more than one party has a security interest in a property, and there isn't enough value in the property to satisfy all claimants. In such situations as these, more common in the recent years of economic turmoil and the…
Cornell. (2012). Uniform Commercial Code, Article 9. Accessed 4 March 2012. http://www.law.cornell.edu/ucc/9/overview.html
Glazov, J., Smith, S. & Eisenberg, D. (2011). Construction Lenders Prevail in Controversial Illinois Mechanics Lien Priority Case. Accessed 4 March 2012. http://www.natlawreview.com/article/construction-lenders-prevail-controversial-illinois-mechanics-lien-priority-case
WestLaw. (2011). LaSalle Bank, N.A. v. Cypress Creek 1, LP. Accessed 4 March 2012. http://www.constructionlawtoday.com/uploads/file/LaSalle%20Bank%20v%20Cypress%20Creek.pdf
Rivera of 1990. This case involved Rivera, who was a financial advisor and Salvatore Guarino, Rivera's cohort, selling John G. Talcott, Jr. A resident, 93 years of age in Massachusetts a $75,000 investment. Talcott sent a check for $10,000 payable to Guarino for the purpose of travel expenses in acquiring a return on the original investment of $75,000. When Rivera informed Talcott that he only needed $5,700 for traveling expenses, Talcott stopped payment on the check for $10,000. Guarino however cashed the check with a company that charged him five percent for cashing the check and the company deposited the check in the company's bank. A second check was sent by Talcott to Guarino for the amount of $5,700.00 and he took it to the same company and cashed the check. Rivera called Talcott to warn him about Guarino and informed him that he was dishonest at which time Talcott…
Negotiable Instruments (nd) Chapter 30. Customer's Source
Holders in Due Course (Chapter 3) (nd) Whaley. Published by Jay Law. Retrieved from: http://jay.law.ou.edu/faculty/McCall/Payment%20Systems/Whaley%20chap%203%20HIDC.pdf
Uniform Commercial Code §17-6 (4th ed. 1995) cited in Whaley. Published by Jay Law. Retrieved from:
Contract Dispute -- Car Sales
The purpose of this essay is to review the field of contract regulations and laws as they relate to the termination of a contract. The matter discussed in this paper has to do with a change in the manufacturing specifics of car models available for purchase. A customer did not want to buy a car with a 5.9 liter V8 engine as he desires to be more conservation with fuel than this model would permit. The customer requests a vehicle with a 3.2 liter engine, and the sales contract is written accordingly. After the fact, both the car dealer and the consumer learn that the car is no longer available with a 3.2 liter engine or a 3.9 liter engine. In fact, all of the engines currently being manufactured for this model of car are 3.5 liter in size. A number of contract…
Macaulay, S., Braucher, J., Kidwell, J.A., and Whitford, W. (2010). Contracts: Law in Action I (3rd ed.). LexisNexis.
Research Guide and Introduction to the UCC from Duke University Law School Retreived http://www.law.duke.edu/lib/researchguides/pdf/ucc.pdf
The American Law Institute -- UCC 2007 Edition. Retrieved http://www.ali.org/index.cfm?fuseaction=publications.fpage & node_id=86&product_code=1UCCOTC07
Text of the Uniform Commercial Code (UCC) at the Legal Information Institute, Cornell University Law School. Retrieved http://www.law.cornell.edu/ucc/ucc.table.html
contract is a legally enforceable promise that allows commerce to flow smoothly throughout society. ithout contracts, businesses and consumers would be embroiled in constant disputes with potential for fraud and frequent misunderstandings but the fact that contracts are available does not eliminate disputes and resulting litigation. The courts are full of cases involving transactions between parties that have been formalized by the existence of a contract but the existence of a contract, or what the parties believed was a contract, does not ensure that matters will progress without problems.
Although contracts are in their simplest form promises there are elements that must be contained in contracts that distinguish them from simple promises. All contracts must contain: 1) an offer; 2) an acceptance; and 3) consideration. In a perfect world, every contract would have clearly identifiable offer, acceptance and consideration but in reality this is not always possible and the terms…
Air Great Lakes Pty Ltd. v. KS Easter (Holdings) Pty Ltd., 2 NSWLR 309 (Supreme Court of New South Wales 1989).
American Law Institute. (1981). Restatement (Second) of Contracts. Philadelphia: American Law Institute.
Balfour v. Balfour, 2 KB 571 (English Court of Appeal 1919).
Biotechnology Australia Pty Ltd. v. Pace, 15 NSWLR 130 (New South Wales Court of Appeal 1988).
Typically, a contract will be the written version of the agreement. An agreement without a contract is often not enforceable by law. The intent to create legal relations in this instance is clear on the part of EndZone, as per their email, but is not clear on the part of Maverick. The email iterates the consideration, timing and price contained within the agreement. However, EndZone would need to prove that Maverick has agreed to these terms. Maverick did not respond to the email, and only purchased $1,000 worth of goods over that time period. EndZone must provide a preponderance of evidence and it is unlikely that a sent email, unresponded to, and allegation of an oral agreement are unlikely to constitute that preponderance. Given that EndZone will be unable to demonstrate clear consideration in the form specific products and specific prices for those products, they will be unable to prove…
Email Policy estrictions
espond to the following prompts:
Identify the employer's policy at issue.
A policy that prohibited the use of corporate email for personal/non-business purposes (Law Memo, 2017)
Determine why the policy was challenged.
The policy was enforced for union email activities but not for other non-business emails (e.g. baby announcements, etc.) (Law Memo, 2017).
Compare and contrast the General Counsel's and the employer-espondent's arguments
The plaintiff asserted that the enforcement of the policy was retaliation for union-organizing activities. The defense asserted that the enforcement was consistent with the policy. The judge actually agreed with the latter but came down against the employer because they were not consistent in enforcing the policy for EVEYONE that deviated from the policy, for whatever reason (Law Memo, 2017).
D. Analyze the implications of the decision.
Such policies are acceptable but must be enforced across the board, not selectively (on purpose or on…
Fullerton Knowles. (2017). Uniform Commercial Code Sale Of Goods. fullertonlaw.com. Retrieved 31 May 2017, from http://www.fullertonlaw.com/uniform-commercial-code
Law Memo. (2017). The Guard Publishing Company, d/b/a The Register Guard - NLRB. Lawmemo.com. Retrieved 31 May 2017, from http://www.lawmemo.com/nlrb/vol/351/70.htm
NP. (2017). Termination of the Power of Acceptance. National Paralegal. Retrieved 31 May 2017, from https://nationalparalegal.edu/public_documents/courseware_asp_files/contracts/MutualAssentOfferAndAcceptance/TerminationAcceptance.asp
SEQ. (2017). Offer and acceptance online | SEQ Legal. Seqlegal.com. Retrieved 31 May 2017, from http://www.seqlegal.com/blog/offer-and-acceptance-online
United States has had varying sales laws across its states thus making interstate sales contracts difficult to initiate and monitor. In this regard, following the increasing complexity of these contracts, attempts were made to create a multidisciplinary body of regulations regarding business transactions; this led to UCC's formation in the 1940s. Therefore, this paper highlights scenarios where the regulations outlined in the UCC are applicable.
Maurice Suing the Developer
Merely because the developer plans to adjoin his property with Maurice's does not make Maurice liable to sue him. By acting upon the developer's claim, Maurice is likely to sue for reliance; the promise that once the developer's property comes next to his, he will reap benefits but the developer changes his position. Maurice's reliance is not reasonable since he never had a contract with the developer; by the basis of adjoining his property with Maurice does not make the developer…
Kubasek, N., Browne, N.M., Giampetro-Meyer, A., Barkacs, L., Herron, D., Williamson, C., et al. (2012). Dynamic Business Law, 2nd Edition. McGraw-Hill Higher Education.
Big Time Toymaker and Chou over an agreement to distribute a new strategy game. Some of the areas covered are whether or not a contract existed between the two parties, objective intent, and how e-mail comes in to play with enforceability. Also we see if the statute of frauds applies to this scenario and the defenses that either party has in the case. Lastly, we look at the different remedies that can be sought out to reimburse the party harmed by the breaching of the contract.
Case Scenario: Big Time Toymaker
In the Theory to Practice scenario between Chou and Big Time Toymaker (BTT), the parties were trying to come to an agreement to distribute the new strategy game invented by Chou called Strat. Between meetings, emails and oral agreements, the parties tried to draft a contract for BTT to distribute the game. In the end it didn't work out…
Melvin, S.P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin
Uniform law commission: The national conference of commissioners on uniform state laws. (2011). Retrieved from http://uniformlaws.org/ActSummary.aspx?title=Electronic Transactions Act
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…
S. COUT SYSTEM FUNCTIONS (http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm)."
The highest tier of this federal system is the United States Supreme Court. This court has nine Supreme Court Justices who are appointed for the term of their life unless they choose to step down. A majority is not needed to win a Supreme Court hearing request. If four of the nine think the case brought before them is worth hearing then the case will be heard.
Below is a list of the typical types of cases that may be heard by a state court. http://www.uscourts.gov/outreach/resources/fedstate_lessonplan.htm
Cases involving the state constitution -- Cases involving the interpretation of a state constitution.
State criminal offenses -- Crimes defined and/or punished by the state constitution or applicable state statute. Most crimes are state criminal offenses. They include offenses such as murder, theft, breaking and entering, and destruction of property.
Tort and personal injury law -- Civil…
HOW the U.S. COURT SYSTEM FUNCTIONS
Courts in the United States http://www.lectlaw.com/files/jud01.htm
Respecting State Courts: The Inevitability of Judicial Federalism (Contributions in Legal Studies) by Michael E. Solimine and James L. Walker (Hardcover - Dec 30, 1999)
decision was in favor of the plaintiff, McCalif Grower Supplies, Inc. (McCalif). The court ordered the defendant, Wilbur eed (eed) to pay McCalif's invoice for the poinsettas. However, eed appealed, and won the repeal. The court ordered a reverse and remand for damages made in the initial counterclaim. The appellate decision was made based on consequential damages due to seller's breach related to perfect tender requiring that, "the seller deliver goods in conformity with the terms of the contract," (text p. 513). The perfect tender rule protects the buyer, which is why the appellate court made its decision to reverse and remand. According to the perfect tender rule, "if goods or tender fail in any respect to conform to the contract, the buyer/lessee has the right to accept the goods, reject the entire shipment, or accept part and reject part," (text p. 513).
In this case, the buyer, eed, sued…
Gibb, G. (2012). Hyundai Fuel Economy Lawsuit: Your Mileage May Vary. Retrived online: http://www.lawyersandsettlements.com/articles/hyundai-overstated-fuel-economy-class-action-lawsuit/hyundai-overstated-fuel-economy-class-action-18222.html#.UKCxdOPreII
Mexico's Trade Strategy
Mexico has pursued a three-dimensional trade strategy perhaps more diligently than even the United States according to Schott (Studer & Wise, 2007). Mexico has been an active participant in multilateral talks since its GATT accession in 1986 and was the host country for the special Summit of the Americas in Monterrey and for the hemispheric trade talks in Puebla. Mexico is perhaps most famous as the instigator of NAFTA as well as many other FTAs with countries around the world including key industrial markets such as the European Union (EU, The European Free Trade Association (EFTA), and Japan. In addition, Mexico entered in FTAs with olivia, Chile, Costa Rica, El Salvador, Guatemala, The G3 (Colombia, Mexico, and Venezuela), Honduras, Israel and Nicaragua during the period January 1995 to June 2001 (Schott in Studer & Wise, 2007). It is important to emphasize that Mexico has many more FTAs…
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1988. Basel Convention. Retrieved from: http://www.basel.int/
Bown, C.P. (2009). U.S. -- China Trade Conflicts and the Future of the WTO. The Fletcher Forum of World Affairs, 33 (1), winter/spring 2009, pp. 27-48.
Bown, C.P & McCulloch (2005). U.S. Trade Policy Toward China: Discrimination and its Implications.
China and Mercosur: Perpectives for Bilateral Trade (2007). China Programme 11 (7). International Centre for Trade and Sustainable Development. Retrieved from: http://ictsd.org/i/news/bridges/3164/
The ability to end or terminate the contract is unilateral. Gabbard expresses the fact that changes must also be unilateral. The terms in settling a dispute must be predetermined before entering contract. The Government contract gives the authoritative party the right to audit the books of the company selling the product or service. In this court case, the government was allowed to appeal the case won by Agredano resulting in a reversal of the former court ruling.
Government Contract Comparison to Uniform Commercial Code/Contract
The U.C.C. Or commercial contract is less formal and authority to enter a contract is assumed by the parties involved (Gabbard, 2011). In a UCC the terms are not detailed or written out in a formal document as required by a government contract. In fact the details are implied (Gabbard, 2011).
Analyzing and Evaluation Example: Carpet Cleaning Contract
For example in a UCC contract with a…
Cengage Learning, (2011). Buyer beware applies to vehicle bought by the government.
June 12, 2010 from http://www.swlearning.com/blaw/cases/sales/0410_sales_01.html
Gabbard, E.G. (2011). Relationship of far and ucc in subcontracting. Retrieved June
10, 2011 from http://www. fasmg. org/farucc. html
Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone.
Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in 1712. Even today, "the first article of the Louisiana Civil Code reads: 'The sources of law are legislation and custom' (LA C.C. Art. 1). This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their…
Civil law. (2008). The Law Library. Retrieved 8 Nov 2008 at http://law.jrank.org/pages/5235/Civil-Law.html
Common law. (2008). The Law Library. Retrieved 8 Nov 2008 at http://law.jrank.org/pages/5444/Common-Law.html
English law. (2008). The Law Library. Retrieved 8 Nov 2008 at http://law.jrank.org/pages/6486/English-Law.html
Roman law. (2008). The Law Library. Retrieved 8 Nov 2008 at http://law.jrank.org/pages/9916/Roman-Law.html
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.
In order to be enforceable, the non-compete agreement must contain a concept of offer, acceptance, legal consideration, capacity, legality of purpose, a reasonable amount of time and date, defined geographic area, and cannot prevent the use of the employee's professional skills.
"An offer is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person, the offeree" (Offer and Acceptance). The expression of the offer can take many forms, such as a letter, email, fax, or even, conduct. The intention of the offer is judged in courts as how a reasonable person would view the situation. The terms of the contract must be clearly defined in the contract offer to ensure their understandability. If a reasonable person cannot understand the terms, it could be unenforceable in a court of law.
Capacity, Legality, Assent, and Form. (n.d.). Retrieved from TAMUCC: http://faculty, tamucc.edu/belzweig/9thChap09.ppt
Contract Consideration. (n.d.). Retrieved from Legal Match: http://www.legalmatch.com/law-library/article/contract-consideration.html
Contracts and the Law. (n.d.). Retrieved from FindLaw: http://smallbusiness.findlaw.com/business-contracts-forms/contracts-and-the-law.html
How Restrictive Can Non-Compete Agreements Be? (n.d.). Retrieved from Lawyers.com: http://labor-employment-law-lawyers.com/employment-contracts/How-Restrictive-Can-Non-Compete-Agreements-Be.html
The chairs would not normally be expected to be received in a damaged state, so the argument could be made that these chairs were not received in the condition that one would expect from chairs that cost $1,000 each.
On the financial end of this transaction, the bank that lent the funds to Megalo for the purchase of the chairs did not perfect security interest in the chairs from the standpoint of Article 9 of the UCC. In the most strict interpretation of the perfecting security interest, the bank should have taken possession of the chairs once the loan went delinquent. Of course, this as well is subject to certain restrictions and details, and Burnham did not tender the goods in accordance with the requirements of the UCC.
Also in regard to finances, the legal effect of the blank endorsement of the bank check presented for…
For most of us living in Western societies contracts pervade most of our waking hours, yet how often do we really think about the countless transactions that we engage in every day? Buying a cappuccino at the corner Starbucks, streaming a video on Netflix, or coming home to a mortgaged house can involve countless contracts, both unstated and written. In fact, our ability to stream videos over the internet in our own home probably involves layers upon layers of contracts. Given the importance of contracts in our everyday lives, it should come as no surprise that volumes of statutes have been crafted at both the state and federal levels which attempt to define the legal parameters of exchange relationships. Contrary to expectations, however, some controversy remains due to opaque or contradictory judicial rulings (Chirelstein, 2010, p. 1). This report will examine the basic elements of contracts, the laws…
Arkansas Department of Health & Human Services v. Alhborn, 547 U.S. ____ (2006).
AT&T Mobility v. Concepcion, 563 U.S. ____ (2011).
Chirelstein, M.A. (2010). Concepts and Case Analysis in the Law of Contracts (5th ed.). New York, NY: Foundation Press.
Epstein, D.G., Markell, B.A., & Ponoroff, L. (2012). A Short & Happy Guide to Contracts. St. Paul, MN: Thomson Reuters.
Ethics, Legal, Politics Case Studies
WARRANTY AND ENVIRONMENTAL LIAILITIES
reach of Warranty. A warranty is a part of a contract of the sale of certain goods (Farlex Inc., 2014). It is either an express or implied assurance that the purchased good or item will perform at a certain level of efficiency. The warranty is express when the seller or manufacturer affirms facts about the item being purchased. An implied warranty is fixed and enforced by law, i.e., the product liability law. This law guarantees or protects product quality or suitability for use, and merchantability. The Uniform Commercial Code covers these and other warranties (Farlex, Inc.). A case of product liability can occur when the buyer suffers in any way from the use of the product as a consequence of reliance or trust in the product and its warranties (Rot Law, 2011). The injured person can make a breach of warranty…
Clark, C.K. (1993). Due process and the environmental lien: the need for legislative reform. Vol. 20 Issue 2, Boston College Environmental Lien Review: Law Digital
Commons. Retrieved on May 20, 2014 from http://www.lawdigitalcommons.bc.edu/cgi?article=1423&context=ealr/Vol20/issue2/2
Farlex, Inc. (2013). Legal dictionary. Retrieved on May 20, 2014 from . http://www.legal-dictionary.thefreedictionary.com/Breach+of+Warranty
Justia U.S. Law (1991). 947 F. 2d 1509: Paul D. Reardon and John e. Reardon, plaintiffs,
Acme Box and Container Company v. Long Haul Moving Company
In this paper, I will elaborate on the various elements of the commercial transaction between two companies, Acme and Long Haul and offer an opinion as to the evidences of Acme's suit for breach of contract against the other company, Long Haul. Additionally, I will consider Long Haul's possible defenses to the suit. This is meant to show the ways both parties can offer a proper case to the courts. The essay will provide further insight into current laws concerning UCC. Whether private parties have to adhere to the same regulations and standards.
Development of enforceable potentials between the two parties calls for an offer and acceptance, or what business law labels "mutual agreement" and consideration, removing potential defenses. "During the service negotiation or renegotiation, a consumer exchanges a number of contract messages with a provider in order…
Helewitz, J. (2007). Basic contract law for paralegals. Austin: Wolters Kluwer Law & Business Aspen Publishers.
Johnston, L. (2012). Grid and cloud computing. Hershey, Pa: Information Science Reference.
Lanciano, J., Farrell, M., & DeBole, P. (2007). Regulation: Usiness Law and Professional Responsibiltiy / Federal Income Taxes. Lambers CPA Review.
Wilken, S., Villiers, T., & Wilken, S. (2002). Wilken and Villiers the law of waiver, variation, and estoppel. London: Oxford University Press.
Stella Liebeck, who sued fast-food giant McDonald's for compensation, owing to several third-degree, and some second-degree, burns, sustained by her from a cup of scalding McDonald's coffee; and 2) oy L. Pearson, who sued dry cleaning service, Custom Cleaners, for a compensation of many million dollars, owing to the loss of a pair of his trousers. The facts, issues, laws, ethical issues, and jury decision for both cases, as well as how the lawsuits could have been prevented, will be discussed. There will also be a section on whether the cases were "frivolous." "
Facts- On the 27th of February, 1992, retired sales clerk of a departmental store, Stella Liebeck, aged 79, riding with her grandson in his Ford Probe, in Albuquerque, ordered a value meal (Egg McMuffin) and a mug of coffee, at a McDonald's drive-thru. Chris Tiano (the grandson, who has graduated college and…
(2008). Caselaw: Cases and Codes - FindLaw Caselaw. PEARSON v. CHUNG -- FindLaw. Retrieved February 27, 2016, from http://caselaw.findlaw.com/dc-court-of-appeals/1339256.html
Chow, A. (2012, October 23). FindLaw Blogs. What is a Frivolous Lawsuit? - Injured. Retrieved February 27, 2016, from http://blogs.findlaw.com/injured/2012/10/what-is-a-frivolous-lawsuit.html
(2000, December 18). Entrepreneur - Start, run and grow your business. Business - How to Avoid Lawsuits. Retrieved February 27, 2016, from http://www.entrepreneur.com/article/35462
Hartigan, R., Sava, M., & Ostas, D. CRITICAL THINKING AND THE MCDONALD'S HOT COFFEE CASE: A PEDAGOGICAL NOTE. Southern Law Journal, 24, 337-364. Retrieved, from http://www.southernlawjournal.com/2014_2/SLJ_Fall_2014_Hartigan.pdf
My dream business would be a German Bakery that sells traditional German Bakery and Cafe. I would call it "Heidi's German Bakery and Cafe." I would open the business together with a German nephew of mine who has worked for over 25 years as a master baker in the Heidelberg bakery of my German relatives. The third member of the business would be an American baker who received his professional training at Venieros Italian Bakery, America's oldest Italian pastry shop in New York City that was founded in 1894. Our business would be located in New York City since there is a huge German/European population and only very view places where one can dwell in traditional German baked goods. ifty [to date: sixty two] years ago, when East 86th Street was known as "Sauerkraut Boulevard," there were German bakeries aplenty as well as pastry counters in most of…
Filing Office: The LLC Operating Agreement needs to be filed with the following LLC Filing Office: Department of State, Division of Corporations, State Records and Uniform Commercial Code, 41 State Street, Albany, NY 12231, Tel [HIDDEN] Filing Fees: The filing fee is $200. The Department of State's Division of Corporations accepts MasterCard and Visa for the payment of fees. Complete and sign the Credit Card Authorization Form and submit it to the Division of Corporations with your Articles of Organization. The Credit Card Authorization Form is available from the Department of State's website at http://dos.state.ny.us/corp/creditcard.html or by calling (518) [HIDDEN]
Expedited Processing: For an additional, non-refundable fee, as indicated, the Division of Corporations will ensure that a document is processed within the following time frames: (1) within 2 hours for an additional fee of $150; (2) the same day for an additional fee of $75; and (3) within 24 hours for an additional fee of $25. The additional, non-refundable fee for expedited processing must be paid by a separate check or money order or indicated in the appropriate space on the Credit Card Authorization Form.
Publication of Limited Liability Companies (LLCs): According to New York Limited Liability Company Law, limited liability companies that are formed or authorized to do business in New York must publish a "notice of
In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and their interpretation of the law. To fully understand what is taking place requires carefully examining one case that is occurring. This is accomplished by: studying the citation of the case, facts, issues, the court's decision and legal reasoning. Together, these elements will highlight how this is affecting the way various statutes is interpreted and how the rule of law is enforced.
Citation of the case: The court case took place in Maricopa County Superior Court in Maricopa County, Arizona. The name of the case that was decided is Moray vs. Toyota Financial Services. Its case number is CV2012-097376. The time of the hearing took place at 10:30 AM…
Engram vs. JP Morgan Chase. (2010). Justia. Retrieved from: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-unpublished/CV080635.pdf
Vehicle Repossession Laws in Arizona. (2013). E How. Retrieved from: http://www.ehow.com/list_6301306_vehicle-repossession-laws-arizona.html
APA Format. http://owl.english.purdue.edu/owl/resource/560/11/
In the acquisition of goods and services, especially at the level of Government acquisitions, warranties serve to protect and guarantee the quality of these acquisitions. In these cases, warranties protect providers from expensive lawsuits, while the purchaser is protected from gross defects in the acquisition itself and/or fraud by the goods or services provider. In some cases, a warrantee is not required. This makes an in-depth knowledge of documents such as the Federal Acquisition equirement (FA) beneficial for all parties involved.
According to Section 46.703 of the FA document, for example, certain criteria are in place for determining the necessity and use of a warranty. The contracting officer, for example needs to consider the nature and use of the goods or services acquired, according to factors like complexity, development, state of the art, end use, difficulty in detecting defects, and potential harm to the government in case of defect…
Federal Acquisition Regulation
Government Contract Guidebook. 4th Edition 2012-2013
U.S. Legal.com (2013). Warranty Law. Retrieved from: http://definitions.uslegal.com/w/warranty-law/
Statue of Frauds
illie has a very good case in regard to the burns he received when his automobile caught fire. The issues at hand are: the car broke within the same day of delivery so there was a breach of contract between illie and the dealer; same day car fire also opens the dealer up to the repercussions of illie's state lemon laws; the faulty engine that caught fire exposes the manufacturer of the automobile or engine if that party is a separate entity to the torts of products liability and the tort of negligence; the manufacturer of the actual part within the engine, if that party is different than the automobile or engine manufacture, are also responsible for the torts of product liability and negligence. Therefore, the defendants will be:
Dealer (breach of contract and lemon law)
Automobile Manufacturer (for engine and seatbelt)
Engine Manufacturer if separate from…
Legal Thinking, Law Case, Ethics Case
The court case of Regal finance Company, Ltd. And Regal Finance Company II, Ltd., Petitioners, v. Tex Star Motors, Inc., Respondent, is extremely significant to conducting business in the United States and to that involving collateral for automobiles in particular. Moreover, it attests to the fact that the standard one should hold for the circumstance in which a used-car dealer disposes of secured collateral is that set by the legal precedent of this particular case, and not the mandates of the Uniform Commercial Code (which involved article 9 in this particular case). Although wrangling of the interpretation of the aforementioned article in the UCC may have led to the initial decision In this case, one of the things that makes this case so notable is that initial decision was eventually overturned by the Supreme Court of the state of Texas. In doing so, the…
Crisis Action Plan
First, the manager must look at the tweets, video and comments that were left online. This will allow him to see what is happening from Mr. Ward's perspective and determine if there is any kind of employee wrongdoing. This is when the manager must talk about what happened with the employees involved. They will be shown the video, tweet and reviews. After this, is when they will asked what happened and why the reacted the way that they did. The manager must remain calm and unemotional throughout the process. This is designed to reduce the underlying amounts of tension and help everyone to take a step back
Next, it is imperative to speak with Mr. Ward directly. This means calling him and talking about the issues he is dealing with. During this process, it is important to let Mr. Ward vent his frustrations and agree with him.…
Tepper, P. (2011). The Law of Contracts and the Uniform Commercial Code. Clifton Park, NY: Delmar Learning.
company code of ethics for Boeing. In this document I will explore Boeing's code and attempt to reveal important items relevant to understanding how a functional code of ethics may be applied to a large organization. I will first describe a general background of the company to help provide context in this evaluation. Next, I will give an overview of the code of conduct and highlight important details that are worthy of discussion. This paper will also include how this code of ethics can be applied to the differing levels of responsibility and accountability within the company itself. I will also examine a recent specific case study of ethical violations within Boeing to help test the validity and quality of this company's attitude towards ethics. This specific case will help understand important factors on the stability and feasibility of their ethical codes and programs.
Boeing's company website describes the…
Boeing Corporate Website. Ethics. Viewed 31 Aug 2012. Retrieved from http://www.boeing.com/companyoffices/aboutus/ethics/hotline.html#howto
Reeder, J. & Hickey, D. (2005). Boeing strengthens, enhances ethics program. National Defense. February 2005. Retrieved from http://www2.gtlaw.com/pub/articles/2005/reederj05a.pdf
Richman, D. (2005, Mar 7). Analysis: Boeing conduct code worked properly, expert says. Seatllepi.com. Retrieved from http://www.seattlepi.com/business/article/Analysis - Boeing-conduct-code-worked-properly-1168027.php
Codification and Liability isk: Napoleonic Code vs. Common Law
In today's modern world, insurance has become an everyday concept. We ensure our homes, vehicles, and valuable property. In many states, vehicle insurance is now demanded by law of its drivers. Yet, very few of us step back and actually question where this notion of insurance actually comes from. It is a strange concept, to pay a premium monthly in order to protect oneself from damages later in the event of a catastrophe. In fact, insurance around the world is not considered the same thing. In fact, codification of insurance in various countries is influenced by different legal systems. While in the United States, insurance is influenced by common law practices, other countries in Europe, the Middle East, and South America use codification principles stemming from the Napoleonic Code.
In most Western countries, like the United States, common law is the…
Cozen. (2001). Insurer, insured and priority in recovery proceeds: Who gets what and when? Cozen O'Connor. Web. http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDMQFjAB&url=http%3A%2F%2Fwww.cozen.com%2Fadmin%2Ffiles%2Fpublications%2FPriority_in_recovery_proceeds.DOC&ei=coyfUvSILtfhoAS3voDoBQ&usg=AFQjCNHhkK58zNH1PONY8_1DXOksY2Lrqw&sig2=GeTJ6ZZH846RqBuPkcoB_g&bvm=bv.57155469,d.cGU&cad=rja
Schwartz, Ben. (1998). The Code Napoleon and the Common Law World. The Lawbook Exchange.
Stamenkovic, Mark. (2010). Middle East insurance & subrogation overview. Cozen O'Connor. Web. http://www.cozen.com/admin/files/publications/middle%20east_110510.pdf
Tetely, William. (1999). Mixed jurisdictions: Common law vs. civil law (codified and uncodified). Electronic Library of International Commercial Law. Web. http://www.cisg.law.pace.edu/cisg/biblio/tetley.html
(O'Reilly, 2003, p.2) But the company is not legally liable if it did all necessary testing, warning, and reasonable evaluation of safety, if for example, an unexpected result occurs through the use of the product.
O'Reilly finds the reasonable person standard troubling, as the reasonable 'average' consumer will not have specialized knowledge that a manufacturer should have about the product he or she is selling. He believes government agencies have too much responsibility to monitor product safety (O'Reilly, 2003, p.3) Also, there is little incentive for CEOs to acknowledge harm and incurr potential lawsuits.
ot only is there negative publicity for consumers, but for corporate investors as well, because of the financial losses that ensue after a recall. For example, the article cites a medical diagnostics company, which failed to satisfy FDA inspectors regarding the quality controls of its factory, recalled thirty products. The company's annual corporate report listed recall…
Not only is there negative publicity for consumers, but for corporate investors as well, because of the financial losses that ensue after a recall. For example, the article cites a medical diagnostics company, which failed to satisfy FDA inspectors regarding the quality controls of its factory, recalled thirty products. The company's annual corporate report listed recall costs of $181,000 and overall costs, including inventory write-off and impairment of assets, that totaled $12,752,000..(O'Reilly, 2003, p.1)
Obviously, greater liability for failures to recall products should strike fear into the heart of management -- increasing legal costs, and even technical costs, as companies would be responsible for employing staff to conduct routine tests to discover if a product was in need of a recall on a regular basis because of a hidden design flaw, lest the company become liable. However, it is also noteworthy that product violations may cost the company even more revenue if recalls take place, and voluntary recalls can garner good publicity for the consumers, if not for investors. No business would wish the additional responsibility advocaed by the lawyer in the article, but the issue raised is an important one for businesses. It reminds companies must be vigilant about product safety above and beyond the minimun legal standard of compliance lest the law step in and regulate the issue further.
law approach to contract formation and contract terms is that an acceptance should be based on the actual terms of the proposed offer. This is primarily because an acceptance is a binding agreement that must be unconditional, absolute and identical to the proposed offer's terms. In light of this factor, an expression of acceptance must be definite, seasonable, and given within a suitable timeframe. While not all responses to a proposed offer function as acceptances, the expression of acceptance must sufficiently respond to the offer and provide indications of intentions to enter into an agreement with the other party. In Step-Saver's case, there are several expressions of acceptance that occurred every time the company sent a purchase order to purchase twenty copies of Multilink Advanced Program from The Software Link, Inc. (TSL). By sending the purchase order, Step-Saver was essentially sending an expression of acceptance for the purchase of the…
Morrill, R. (2008, August 25). Contract Formation and the Shrink Wrap License: A Case Comment on ProCD, Inc. v. Zeidenberg. Retrieved February 22, 2017, from http://www.tabberone.com/Trademarks/CopyrightLaw/EULA/articles/CaseCommentOnProCDvsZeidenberg.shtml
Phillips, D.E. (2009). The software license unveiled: how legislation by license controls software access. Madison Avenue, NY: Oxford University Press.
Rogers, B. (2012, March 1). Battle of the Forms Explained (Using a Few Short Words). Retrieved February 22, 2017, from http://thecontractsguy.net/2012/03/01/battle-of-the-forms-explained-using-a-few-short-words/
According to Montgomery (2003), "Higher floors of buildings tended to rent at a substantial discount, due to the need to climb several flights of stairs to reach one's workplace or residence. Otis's invention of the safety elevator at mid-century heralded the end of this constraint on vertical real estate development" (495). Likewise, Masden notes that the increasingly confident use of the relatively new ' elevators' also fueled demand for more steel frame structures; such new steel-framed buildings were known during this early period as "elevator buildings" instead of skyscrapers, a term that was first coined in 1883 (Marsden 78).
The underlying theory behind steel frame construction during its early use, though, fueled some well-intentioned but misguided efforts that adversely influenced future applications, selection of building materials, site selection and other salient factors involved in construction. In this regard, Mumford (1959) reports that, "Unfortunately, the skyscraper was an almost automatic response…
Code of Standard Practice. 2006. American Iron and Steel Institute: Committee on Framing Standards. Steel Framing Alliance Practice Guide CF06-1.
Fanjoy, Rob. 2006. "As an alternative to lumber, cold-formed steel framing has advantages and disadvantages. Here's what you need to know." Steel Framing Solutions. 18 Nov. 2006 http://forpros.lowes.com/articles.cfm?aid=103.
Marsden, Donald. 2005, January 1. "How Chicago Got All High and Mighty." The Daily Mail 78.
Montgomery, M.R. 2003. "Keeping the Tenants Down: Height Restrictions and Manhattan's Tenement House System, 1885-1930." The Cato Journal 22(3):495.
NIST emphasized the requirement for instantaneous reaction to a trigger alarm and demonstrated that individuals trapped in a blazing fire have an average of three minutes from an alarm's first warning to flee. The 17 minutes NIST recorded in its decisive smoke alarm tests in the 1970s is in contrast to the three-minute fleeing window for blazing fires according to said ichard Bukowski, the NIST researcher who carried out both studies. This proves that the scientist's recent belief that fires these days appear to blaze quicker and destroy faster because the objects of modern homes such as furniture can blaze sooner and more strongly. A two-year home smoke warning functional study by NIST reveals that ionization smoke alarms react quicker to glowing fires, while photoelectric smoke alarms react quicker to burning fires. (Commerce's NIST eports Current Smoke Alarms Save Lives if Properly Used)
In spite of these dissimilarities, the report…
References properly working smoke alarm could save your life." (October 4, 2004) Retrieved at http://www.doh.wa.gov/Publicat/2004_news/04-117.htm . Accessed on 25 October, 2004
Commerce's NIST Reports Current Smoke Alarms Save Lives if Properly Used." (26 February, 2004) Retrieved at http://www.nist.gov/public_affairs/releases/smoke_detectors.htm . Accessed on 25 October, 2004
Home Smoke Alarm Tests" (31 July, 2004) Retrieved at http://smokealarm.nist.gov/ . Accessed on 25 October, 2004
Its pure and simple, Smoke Detectors Save Lives" Retrieved at http://www.germanfiredept.org/smoke_detectors.htm. Accessed on 25 October, 2004
Langston, John; Huitink, Gary. "Smoke Detectors: Wake Up! Get Out! And Live! " Retrieved at http://www.healthgoods.com/Education/Healthy_Home_Information/Indoor_Air_Quality/smoke_detectors.htm. Accessed on 25 October, 2004
eporting standards for financial transactions have been varied with regard to countries and companies across the globe for many years. This fact has made it difficult for transactions to be reported with any great degree of accuracy. This was especially true in Germany where there was no true German GAAP. What the rest of the world has considered the German GAAP, the GoB, was actually comprised of here say and opinion gleaned from many different sources. With the advent of the IASB that the European Union adopted in 2007, Germany has finally decided on a single standard with which to govern financial reporting. Large companies within the country, such as Deutsche Bank, have had to make adjustments to the new standards, but this does not seem to have caused a problem. Since the country has loosely used international standards for many years, the new IASB is not new…
Bonthrone, R. (2000). German financial accounting and reporting. Translation Journal, 4(3). Retrieved from http://translationjournal.net/journal/13finan.htm
Deutsche Bank. (2011). Company. Deutsche Bank. Retrieved from http://www.db.com/en/content/company/company.htm
Feige, P. (1997). How "uniform" is financial accounting in Germany? European Accounting Review, 6(1), 109-122.
Gornik-Tomaszewski, S., & McCarthy, I.N. (2003). Cooperation between FASB and IASB to achieve convergence of accounting standards. Review of Business, 24(2), 52-61.
Building Design Construction Methods and Collapse
General building design and construction methods
Contemporary building regulations are effective in ensuring the safety of occupants throughout the life cycle of the structure. Government agencies have the responsibility of inspection to ensure safety and enforcing compliance to regulations and codes during constructions. Building design and construction methods evolve in response to emerging trends and demands in the industry. Advancements within the design and construction industries transform the demands and orientation of structures as per the consumer demand.
Building designs and construction methods have associated types of collapse. Designs and construction methods determine the gravity resistance system of buildings. Different building designs and construction methods have related hazards from the collapse of structures.
Fire resistive buildings
Fire resistive building designs integrate the application non-combustible materials in construction. This prevents the construction materials from adding to the fire load and smoke within and spread from…
Bukowski, R., Jensen, R. & Laurel, A. (2012). Addressing the Needs of People Using Elevators for Emergency Evacuation. Fire Technology, 48: 127 -- 136.
Ling, F. & Soh, L. (2005). Improving the design of tall buildings after 9/11. Structural Survey, 23 (4): 265-281.
Mohammad, H. (2009). On the challenges of evacuation and rescue operations in high-rise buildings. Structural Survey, 27 (2): 109-118.
Randall, M. (2005). OSHA to the Rescue: Roofing industry benefits from agency's efforts. Professional Safety, 50 (2): 38-40.
Australian Consumer Law (ACL) is a broad-based law the impacts both businesses and consumers. The ACL represents a unified codification of a variety of prior product liability laws. In fact, one of its main benefits is that the law is applicable throughout Australia. Another major component of the law is that it imposes a strict liability standard on manufacturers and suppliers of goods, which was not a uniform standard prior to the introduction of this law. This is a relatively new law; the need for it was identified in 2009 after a Productivity Commission reviewed existing consumer protection laws and found glaring inconsistencies, which made it difficult, if not impossible, to enforce those laws that did exist.
Perhaps the greatest change to the law is that the ACL is now a strict liability law. Strict liability "means that a breach may be committed without negligence" (The FindLaw Team, 2012). In…
Australian Competition & Consumer Commission. (2012). Overview of the Trade Practices
Act: Consumer protection provisions. Retrieved April 13, 2012 from Commonwealth of Australia website: http://www.accc.gov.au/content/index.phtml/itemId/788555
Australian Consumer Law: Memorandum of Understanding. (2010). Retrieved April 13, 2012
from Australian Consumer Law website: http://www.consumerlaw.gov.au/content/the_acl/downloads/acl_mou.pdf
O'Sullivan and Sheffin pointed out (2003), an absolute advantage, in commercial terms, describes the advantage that a country has over another country when it comes to manufacturing a product or service, at the same level of resources. Since the level of resources is the same, the element that usual differentiates between the output is the labor productivity, which varies from country to country because of different reasons, including better organization, level of education, specialization etc.
Comparative advantage, on the other hand, places the issue in the realm of competitive costs and accepts the idea that, although a particular country may have no absolute advantage, it would still have a comparative advantage over another country when it came to a particular good or service: it would be able to produce a particular good or service more efficiently than another.
Absolute and comparative advantages are useful when discussing trade theories, particularly because…
1. Blaug, Mark, (1992). The methodology of economics. Cambridge University Press
2. O'Sullivan, Arthur; Sheffrin, Steven M. (2003). Economics: Principles in Action. The Wall Street Journal: Classroom Edition (2nd ed.). Upper Saddle River, New Jersey
Military personnel must achieve and maintain the best physical conditioning of they are reasonably able to reach for the duration of their enlistment as a fundamental obligation of being fit for duty. Smoking makes that impossible. Likewise, the American taxpayer has a justifiable interest in reducing the costs of fielding a military by eliminating unnecessary costs. Smoking invariably adds to the already substantial costs of providing medical care to armed services personnel, both during their active service as well as throughout their lives afterwards to the extent they rely on veteran's services for medical care.
Military personnel already understand that the privilege and benefits associated with military service entail various restrictions on rights enjoyed by civilians. In this case, military justice must catch up to the manner in which civilian society has already incorporated the understanding of the risks of smoking into American life.
Dershowitz, Alan. (2002). Shouting Fire:…
Dershowitz, Alan. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
O'Neill, Xana and Lite, Jordan. "Real Estate Companies Making it Tougher for Smokers
in Their Homes" The New York Daily News, March 30, 2008. Retrieved February