...BLAW Ch. 21: Consumer protection Deceptive advertising * Are you telling the truth? * Bait and Switch * A practice of advertising a product way below market value (good deal) no stock so they run out fast The Role of the FTC * Receive complaint * Issue cause and desist order * Order counter advertising Telemarketing * Telephone consumer protection act (enforced by FCC) * Telemarketing and Consumer Fraud and Abuse Act Sales * Unsolicited merchandise in mail * 3-day rule – 3 day cooling off period * You have 3 days to get your money from a door salesman back after you buy an item * A. Truth in lending: disclosure law. Finance charge and * B. Equal Credit Opportunity Act * Marital Status is now a protected group you can discriminate against in the extension of credit Credit Protection * Use of credit cards: an abundance of caution * Payment credited when received! * Liability for lost credit cards: $50 * Liability for lost ATM or Debit cards. Errors in billing. Fair Credit Reporting Act * Notification if denied credit or insurance on the basis of a credit report * On written request credit agency must Protection for debtors: The Fair Debt Collections Practices Act * This law place limits on what the professional debt collector can do when trying to collect money from you The Sherman Act of 1890: Two major parts * Sec. 1: restraint of trade * A. Per se violation ...
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...blawGENUINENESS OF ASSENT A party who demonstrates that he or she did not genuinely assent to the terms of a contract may avoid the contract. Genuine assent may be lacking due to mistake, fraudulent misrepresentation, undue influence, or duress. As was true with contracts entered into by persons lacking contractual capacity, contracts lacking genuine assent are voidable, not void. Ch. 14: Contracts: Genuineness of Assent - No. 1 West’s Business Law (8th ed.) MISTAKE Mistake: The parties entered into a contract with different understandings of one or more material fact(s) relating to the subject matter of the contract. Unilateral Mistake: A mistake made by one of the contracting parties. Generally, a unilateral mistake will not excuse performance of the contract unless: (1) the other party to the contract knew or should have known of the mistake; or (2) the mistake is one of mathematics only. Mutual Mistake of Fact: A mistake on the part of both contracting parties as to some material fact. In this case, either party may rescind. Mutual Mistake of Value: If, however, the mutual mistake concerns the future market value or some quality of the object of the contract, the contract can normally be enforced by either party. Ch. 14: Contracts: Genuineness of Assent - No. 2 West’s Business Law (8th ed.) FRAUDULENT MISREPRESENTATION When an innocent party consents to a contract with fraudulent terms, he or she may usually avoid the contract, because...
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...Extra Credit: Law of the Land As we are taught all through our lives what we can and can’t do our enforced by someone. As children when we make a mistake the law is our parents for example if we steal our parents will punish us whether it be a spanking, standing in the corner, or some other type of punishment. As we become older and gather more liable for our actions our parents may still enforce some punishment and type of law but so will the state we live in. The state that you live also faces something higher and that is the federal government. Overall from the time we take our first step until we die, the ultimate decision maker of the land is the United States Constitution. The United States Constitution is the supreme power of the land. The document which contains some of the oldest laws of the United States was written on September 17, 1787. In the Constitution it contains the rights that each and every citizen of the United States of America are given. In the constitution it also stipulates how the federal and state government is run. In the document there are seven articles that each limits and keeps the government in check. In article one there are ten sections. The article states that congress shall contain a senate and a house of representatives. It also specifies the age, and requirements to become a senator and a representative. The article also stipulates how the bills may start in house but if about raising money must start in the House of Representatives...
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...Charles Dong Yd461@stern.nyu.edu 347-3073175 Analyst Report for Tesla Motors, Inc The following report will explain all the summary statistics for Tesla Motors as well as all assumptions used in the equity valuation. This report serves to offer a broad overview of the general performance of the company and an analysis of its true value. It can be divided into the following sections, profitability statistics, liquidity statistics, solvency statistics, DCF valuation, relative valuation, and technical analysis. Probability Statistics: Tesla Motors does not currently have very promising profitability statistics as the company is still young and is preparing for massive production of electric vehicles. However, as seen in the model, the condition can be hugely improved in the future even in the down side case. Currently, the company faces two challenges to improve its profitability performance, increasing revenue and reducing cost of production. The company’s net revenue have grown at a very high rate in 2012 and 2013 due to the introduction of Model S. It is reasonable to expect continuous rapid growth in the next five years as well. The company will keep growing with a decreasing growth rate as the company become mature. This will eventually bring the net revenue form the current 2 billion to a sounder 8.5 billion. This projection is reasonable because market for electric cars will become very big in the next ten years and Tesla with its advanced technology and...
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...Chapter 8—Negligence and Strict Liability TRUE/FALSE 1. A blind person will be held to the standard of care of the reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence. ANS: T MSC: AACSB Analytic 2. In applying the reasonable person standard, the court takes into account a person's physical, but not mental handicaps. ANS: T MSC: AACSB Analytic 3. A "reasonable person standard" does not apply to children since they do not have the judgment, intelligence, knowledge, or experience of adults. ANS: F MSC: AACSB Analytic 4. A person who falls asleep while driving would not be liable for any resulting injury since it would be an unavoidable accident. ANS: F MSC: AACSB Analytic 5. The standard of conduct which serves as the basis for the law of negligence is usually determined on a cost-benefit or risk-benefit analysis. ANS: T MSC: AACSB Analytic 6. A reasonable person, as used in the law of torts, is a fictitious individual who is always careful, prudent, and never negligent. ANS: T MSC: AACSB Analytic 7. The general rule for the standard of care used in tort law is: a person is under a duty to all others at all times to exercise reasonable care for the safety of other persons and their property. ANS: T MSC: AACSB Analytic 8. Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would...
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...Introduction Students attending post secondary tend to take their education seriously, making sure they have all the academics required so they can finish their school on time. Many rely on student advisors for assistance; they provide them with the necessary steps they need to finish their degree. The purpose of this paper is to provide evidence from the CNSA and Mabel, a student at the CNSA and how Mabel was provided with misrepresented information. If there was negligence and if fiduciary duty was required by the student advisor, Ima. Purpose is to convey how misrepresentation can mislead and cause damages and how negligence can occur even when it wasn’t attended. Mable Hardluck is the plaintiff and CNSA are the defendants in this case. Mabel has to waste another year finishing her courses and took courses that were irrelevant. Mabel wants to reclaim her tuition from CNSA so she could pay for the qualifying year at USNA. She is seeking damages and will portray how tort of negligence was violated and was provided with misrepresentation of information. Duty of care should be owed to every student that turns to an advisor for guidance, students can’t afford to be misrepresented and have advisors be negligent when providing them with information. Synopsis Negligent misrepresentation The advisor should have known before providing the student with information, even if Ima was mistaken and believed it was true, negligence was still characterized by the advisor...
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...1. The three branches of U.S. government are legislative, executive and judicial. For each of these, name the highest level of organization that acts for that branch and give a BRIEF description for each of that branch’s/organization’s function. a. Legislative: Congress, which consists of the House of Representatives and the Senate. They’re function is to vests power to legislate in the Congress of the United States. b. Executive: President; He/ she carries out federal laws and recommends them as well. He/ she is also able to veto and pass bills as a check and balance. c. Judicial: The Supreme Court; they’re power is to provide supreme judicial review for the nation and provides checks and balances for the other branches. A main priority for the Court is determining if something violates the Constitution. 2. Each of these branches is independent of the others (separation of powers) and are part of a system of checks and balances. Briefly explain what this means. a. Each branch of government has their own roles and functions, however in order to make sure that the American people are represented fairly and the best decisions for the country are made, each branch of government has a way to counteract another branch’s decision in order to check what they are doing and potentially counteract it and act as a balance 3. By what authority does a president issue an executive order? a. Executive orders do not require Congress’ consent in order to take effect. 4. The other...
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...I. Issue- Do mobile homes fall under UCC as good not real estate? II. Rule: N.C. Gen. Stat. § 25-2-102 (2009), the law traditionally treats a mobile home not as an improvement to real property but as a good, defined and controlled by the UCC as something movable at the time of identification to the contract for sale. III. Application of facts-. The defendant sold the plaintiff a mobile home. Since the mobile home was on a brick foundation the plaintiff contends that it was real estate and not a good under UCC. IV. Conclusion: Because the plaintiff had crew break down the home from the brick foundation and remove it’s under pins, the home therefor is considered moveable, and falls under the UCC as good. V. Issue- Does the transfer of risk of loss of the mobile fall under UCC or DMV? VI. Rule: N.C. Gen. Stat. § 25-2-509 if the contract does not provide for the seller=s shipment of the goods by carrier or a bailees holding of the goods for delivery without being moved, and the seller is a merchant, and the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant VII. Application of facts- Defendant proposed a contractual provision requiring it to relocate the mobile home from its existing location to Plaintiff=s property, but Plaintiff ultimately declined the inclusion of such provision. Instead, Plaintiff elected to purchase and accept the mobile home “As is where is”, as reflected in the sales contract. VIII. Conclusion:...
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...1.) Because of the fact thatBL Gupta revealed the undisclosed profits of Goldman Sachs to another person, he is being tried for insider trading. The undisclosed profits of Goldman Sachs could affect the value of its stock. If the profits were up, then Raj would have been able to buy stock and then when the profits were announced, would be able to sell it and make money. If Raj already had stock, then he could have sold it then, and wouldn’t incur the loss if Sachs’s profits went down. He could have also used this information to gain investors, if it happened to be that they were competitors, and that Goldman Sachs’s profits were down. So it seems that giving out the undisclosed profits for Goldman Sachs’s could have indeed affected the future value of the stock, and is therefore deemed as insider trading. 2.) In Federal courts, you’re being sued for criminal actions, while in Administrative you’re tried for not complying by the rules. If there wasn’t a huge event, then administrative would be much easier to go through, because you do not have a jury. The SEC filed a public administrative proceeding against Gupta, which is determined under SEC rules, not the federal laws of civil procedures. All of these factors would have led up to Gupta losing his case, however, he managed to get the case into Federal courts instead of administrative. 3.) Gupta might have some defense, because he could claim that the revelation of the profits made was not “material”. He could...
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...Quiz ------------------------------------------------- Top of Form Note: It is recommended that you save your response as you complete each question. | Question 1 (1 point) All but one of the following is a purpose of bankruptcy legislation: Question 1 options: | To allow rehabilitation of debtors. | | To punish recalcitrant debtors. | | To bring about a quick distribution of the debtor’s property among creditors. | | To fairly divide the assets among creditors. | Save Question 2 (1 point) Ken loaned Barb $8,000 and took back a note secured by Barb's car. If Barb files for bankruptcy when the value of the car is $4,500, what is Ken's status? He has a(n): Question 2 options: | secured claim for $4,500. | | unsecured claim for $4,500. | | secured claim for $8,000. | | unsecured claim for $8,000. | Save Question 3 (1 point) All but which one of the following would be exempt from bankruptcy under the federal law? Question 3 options: | $500 received in child support. | | A $10,000 truck. | | A $200 cashmere sweater. | | A $300 cocktail ring. | Save Question 4 (1 point) Which of the following debts would be discharged in bankruptcy? Question 4 options: | Property taxes on a beach house. | | Alimony payments past due. | | Consumer credit loans for a stove. | | Student loans maturing one year prior to bankruptcy filing. | Save Question 5 (1 point) A trustee in bankruptcy may avoid which of the following...
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...UNIT – I ➢ Essential elements of a valid contract. ➢ Essentials of a valid offer. ➢ Essentials of valid consideration. ➢ Stranger to consideration. ➢ “No consideration- No contract” – explain and give exceptions. ➢ Discuss the provisions of law relating to contract by minor. ➢ Agreements Opposed To Public Policy. ➢ Free consent. ➢ Legality of object and consideration 1. ESSENTIAL ELEMENTS OF A VALID CONTRACT 1. “All contracts are agreements but an agreement are not contracts” – Discuss? (OR) Essential elements of valid contract? Ans. Indian contract Act (I A), 1872, sec 2 defines a contract us “an agreement enforceable by law.” From the above definitation, the features of contract can be classified as 1. Agreement 2. Legal obligation. 1. Agreement: According to Sec2 (e), “Every promise or every set of promises forming consideration for each other” is called an Agreement. Therefore, AGREEMENT = OFFER + ACCEPTANCE CONTRACT =AGREEMENT+ENFORCEABILITY AT LAW FEATURES OF AN AGREEMENT: 1. Plurality of the parties 2. Consensus – ad-idem 3. Legal obligation 1. Plurality of the parties; for every agreement, there should be minimum two parties because one person alone cannot enter into an agreement with himself. 2. Consensus – ad-idem; the minds of both the parties must be in ad-idem, i.e., both...
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...In the reading "My Dearest Child" in Pens of Many Colours, Joy Mannette tells her son about his roots in which geographic area of Canada? Ontario The Prairies Quebec British Columbia Correct Response Nova Scotia Question 2 0 / 1 point In the reading "Itsuka" by Joy Kogawa in Pens of Many Colours, what action taken by the Canadian government does the author describe? The decision to enter World War II Correct Answer The apology given in Parliament to Canadians of Japanese descent for sending them to internment camps during World War II. The adoption of the Canadian Charter of Rights and Freedoms Incorrect Response The apology given in Parliament to Canadians of Italian descent for sending them to internment camps during World War II. The passage of the Multiculturalism Act Question 3 1 / 1 point Which author in Pens of Many Colours wrote the poem "The Immigrants"? Lyse Champagne Correct Response Margaret Atwood Joy Mannette Denise Chong Helga Mills Question 4 1 / 1 point In the reading, "Breaking the Barriers" in Pens of Many Colours, Helga Mills tells the stories of which category of immigrants? Transnational migrants Only immigrants from Somalia Family class immigrants Correct Response Refugee women Female economic immigrants Question 5 1 / 1 point Joy Kogawa writes about which group of migrants to Canada? The Chinese ...
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...Chapter 52 A. Introduction 1. Historical Perspective. Begin by indicating why pollution control laws have been enacted. Point out that pollution and pollution laws have existed for centuries, although the 1970's saw an unprecedented amount of environmental legislation, due partly to the increased affluence of our nation at that time and the increasing concern about the longterm effects of pollutants. Note that the interest in environmental problems has taken on global dimensions in the late 1980s and early 1990s; note also that environmental laws and regulations significantly affect not only how companies can do business but also the cost of doing it. At the same time they can provide business opportunities and, in some cases, advantages. 2. Environmental Protection Agency. Point out that EPA has the primary responsibility at the federal level for developing environmental regulations and enforcing the environmental laws. List the major environmental statutes and briefly describe them so that the student has a sense of the breadth of the laws covered in this chapter. Note that a number of the statutes are implemented at the state level with EPA exercising an oversight role. You should note that many states and local governments have enacted pollution control laws; you might want to present examples of state and local laws. 3. The National Environmental Policy Act. Emphasize that the rationale for NEPA, and the environmental impact statements required by NEPA...
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...BLAW 3430.009 4/6/15 Ethics Assignment #2 Q1: What did these videos tell you about selective attention? Selective attention can apply to a lot of situations. It can mean that in a video while focusing so much on one part the person watching misses another part. It could be focusing on a particular object for an amount of time while simultaneously ignoring other relevant or irrelevant information that is also occurring. While the first video I did notice the gorilla in the mix, the only reason why is because I took my eyes off the ball which then lead to me miscounting the amount of passes. The second video about the experiment with the pedestrian and the door was very interesting. I think if I were focusing my my thoughts on directions to explain to someone, I too would fail to see the differences in the two experimenters. I think these videos show how most humans are very selective in what they are taking in around them. Maybe it’s true what our parents say when we were young, “she has selective hearing, she only hears what she wants to.” Q2: Would you agree that if you have your ethical antennae up that you will be more likely to detect an ethical issue you face than if you are focusing completely on pleasing your boss, being part of your team, or perhaps meeting a production quota? What does that tell you about how you have to approach your job if you wish to be a moral/ethical person? In today’s business world, it is very important to not only be knowledgable of what...
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...Question 1 10 out of 10 points | | | |[pic] |A merchant buyer who rejects nonconforming goods, but remains in possession of those goods, might be obligated to: | | | | | |Answer | | | | | |Selected Answer: | | | | | |[pic] c. | | | | | |a and b. | | | | | | | | | | | |Correct Answer: | | | | | |[pic] c. | | | | | |a and b. | | | | | | ...
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