...1. Chan offers to sell his car to David for $20,000. David says, “I am very much interested in buying your car but give me some time to think about it. I will get back to you as soon as possible”. After a long and hard thinking David decides to buy Chan’s car and informs him, by e-mail that he accepts Chan’s offer. David asks Chan to prepare papers regarding the transfer of the car to his name. Chan replies “since I did not hear from you. I sold my car to Noddy. I am sorry.” Has a legally binding contract been formed between Chan and David? 2. Tina Turnaround Co (TT) offers to supply the following product to Cammy Pty Ltd: “15 tons of raspberry pulp made from whole fruit and first class quality, for sale at $5,000.00 per ton net. Fruit pulp to be delivered to Cammy’s store in Melbourne. Price to be paid in cash in 7 days”. Cammy Pty Ltd accepts TT’s offer as follows: “15 tons raspberry pulp made from the finest fruit. Price $5,000.00 net per ton delivered in Melbourne store. Delivery has to be made free to the store in three lots of 5 tons approximately 10 days apart”. TT Co refuses to deliver the pulp as promised and Cammy Pty Ltd sues for damages. Will Cammy Pty Ltd succeed in their action against TT Co for breach of contract? 3. Lee promises to buy land from Harry. The contract provides: ‘the vendor (seller) can terminate the contract if the purchaser does not complete the purchase by the due date’. Lee has difficulty in raising the necessary finance...
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...The University of Rummidge organises a conference entitled "Law for small Businesses" which is followed by a luncheon at the Grand Hotel. Jim, a law lecturer, is a speaker at the conference and the conference is attended by Albert who has just started a graphic design business and Percy a well-established market gardener. At the conference Albert meets Barry, a fellow student from University days, whom he has not seen for some time. During lunch, while discussing pension investments, Barry tells Albert that if he (Albert) invests some money in Dunmore Limited (of which Barry is a director), he will obtain a good return on his investment. As a result of this advice, Albert subsequently purchases 20,000 £1 shares in Dunmore Limited. A few months later Dunmore Limited goes into liquidation and Albert loses his money. After the conference Jim, returns to his office in the Law Faculty and finds a student from the Campus Law Centre waiting for him to request him to deal with a client's problem. Jim has agreed to support the students' efforts to provide free legal advice at the Centre and the problem concerns a claim by a Mrs Smith on her insurance policy. Jim speaks to Mrs Smith and advises her that she cannot claim but unfortunately he has failed to note an important change in the law six months earlier which affects her position. Some months later, Mrs Smith reads a story in the newspaper where someone has succeeded in identical circumstances to her own. However, it is now...
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...Selection Exercise Dick and Jane are running an oilfield drilling business. They want to improve on the activities of the business so that they can sell it at a later date. This will be after it has improved on its activities. The business is doing well and there are several things that the business needs to change for it to be suc -cessful and be sold at a good cost. This process includes having a good strategy and by the use of advisors. This oilfield drilling business is known by the name Harry and Sons. They want to improve the activities of the business and make the business grow in order for them to sell it afterwards. Making sure it is performing well will ensure that the selling price of the business will be good and they will not incur any losses. In order to ensure that the decisions that are going to be made in the business are good, it is very important that they first understand the vision of the business that they are operating. This will help them understand the purpose for their operation and what they are planning to be their returns after a given period of time. It is important and very critical to identify the regulatory and legal issues that are supposed to be considered in times of business modification. They should select business professionals and advisors in order for them to help in different issues. In order to do this, it is advisable to begin by hiring a lawyer. Dick and Jane’s business has operated well and made good profits up to this moment but they...
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...Written Assignment 4 In this case study, Raymond Smith purchases a new car from an unnamed dealer. When Mr. Smith purchased this car, he signed a contract that specifically limited liability for personal injuries as a result of defect in the car, and limiting the solution for any breach of warranty to repair or replace the defective part(s). Unfortunately, one month after purchasing the car Mr. Smith was seriously injured due to an accident in the car caused by a defect in the steering mechanism of the car. Following the crash, Mr. Smith decides that he would like to sue the dealer for breach of warranty; however the dealer defends this action by relying on the contract disclaimer. Despite having specific language in the contract which limits the dealers liability, [UCC 2-314(1), 2A-212(1)] explicitly shows that good may come with an implied warranty. In this instance, there is an implied warranty on the car that it must perform the normal actions of a new car. These actions may be proper steering, braking, etc. According to the UCC, “goods must be fit for the ordinary purpose for which they are used”. Mr. Smith purchased a car expecting it to be able to be used as a car normally does, in this case simply driving/steering. Due to the defect in the steering mechanism, the car was not fit for the ordinary purposes of which it would normally be used. Taking into account that Mr. Smith sustained serious injuries in this crash, it is safe to assume that the car had considerable...
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...PART A QUESTION 1 Answer: Rob’s predicament is to inform Sam he cannot use high quality reinforcing steel or he would use leftover reinforcing steel. QUESTION 2 Answer: Ethical egoism states that one should act on the basis of self-interest. Under this psychology, Rob may choose to use the leftover reinforcing steel instead of high-quality reinforcing steel on the Hamilton contract. Rob’s self interest is to keep his job and earn money for his family. Hence, Rob will use the leftover reinforcing steel because he wants to keep his job and continue paying for his son’s treatment in the private hospital. QUESTION 3 Answer: How Rob resolve his dilemma depends on what greatest good is in his mind. As stated by utilitarianism, people who use this theory seek the greatest good. If he thinks his job and his family are the greatest good, he may use the leftover reinforcing steel in order to keep job and earn more money for his family. Therefore, Rob and his family may also be happy. However, Sam and his company’s reputation will be adversely affected because of the use of the leftover reinforcing steel. It is also likely that Rob’s reputation as a builder will have negative influences. And the customers of the Hamilton project will not happy for unsightly cracking. On the other hand, if Rob tells the truth to Sam, he perhaps will lose his job and move his son out privative hospital. Sam and his company may be happy because they can protect their reputation and finish the Hamilton...
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...ABORTION 2 Abortion – The Silent Scream Life is irreplaceable. However, Jones and Chaloner (2007) state “from the perspective of the pregnant women, it may be claimed that it is her life and her body and therefore she has a moral right to choose what happens to it” (p.47). Kimport, Foster and Weitz (2011) indicate “women do experience negative emotions after abortion” (p.103). Abortion should be avoided because it causes some physical problems, leads to psychological health issues and takes away the feeling of motherhood from women. Abortion causes physical problems. Abortion causes emotion pain to women. Rousset et al. (2012) highlight “a traumatic experience that can lead women to develop a posttraumatic stress disorder” (p.507). Termination leads to chances of miscarriage. Asgharnia et al. (2012) assert “ectopic pregnancy has been rising because of the growing incidence of pelvic inflammatory disease, fertility drugs and pelvic surgery” (p1). An abortion has a negative effect on a female body. “Women’s breast tissue is left in a dangerously stimulated, are considered as risk factors for the development of breast cancer” (Costarelli & Yiannakouris, 2010. p. 38). Abortion increases the chances to have cervical cancer. “Abortion is associated with an increased risk of epithelial ovarian cancer” (Braem et al., 2012, p.5). Infertility rate...
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...I have been asked to write a report on the laws concerning this scenario, which involves the arrest of David West handled by PC Brown and PC Smith. In this scenario, Police constables Tom Brown and Winston Smith were informed of low level drug activity in their local community and as a result conducted covert observations on the local High Street, according to the information given from local shop keepers. In these observations, a man called David West was observed for 2 days by the officers - on the first day, they observed, made surveillance logs and took covert photographs of David West, who was seen placing (what was assumed to be at the time) drug wraps into his mouth, and watched him over a 30-minute period exchange Class A drugs to ten different people for money....
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...to be working here anyway,” although Rodriguez denies that he made any of those discriminatory-sounding statements. The Supreme Court ruled out the idea of a “mixed motive” ADEA claim, instead requiring Mora to show that age was the only or main cause of termination. The ADEA requires that “age [be] the ‘reason’ that the employer decided to act.” Therefore the ruling was in favor for Jackson Memorial Foundation. Mora appealed the decision ISSUE– Did Jackson Memorial Foundation, Inc. wrongfully terminate Josephine Mora because of her age which is a direct violation for wrongful termination under the Age Discrimination in Employment Act or is mixed motive a defense? DECISION – The court reversed the summary judgment and remanded the case because there is a dispute of material fact, which is for a jury to decide. REASON - Mixed motive is not a defense....
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...that Casey promised. ISSUE Was there an agreement between the two parties supported by consideration? HOLDING No. Casey offered the bonus after the services had been performed. To be a valid agreement, the services would need to be done after the contract was agreed upon. REASONING There was no open-ended contract stating that if any editor found and corrected errors that could save the newspaper legal expenses that the chief editor could offer a bonus. Casey is under no obligation to offer a bonus to Brinkley even if he stated that he would after-the-fact. Brinkley’s error catching and its correction is considered as past performance and has no legal standing for a breach of contract lawsuit. My Opinion Brinkley has no case for a lawsuit. Casey, on the other hand should pay the bonus for moral reasons and employee morale. Casey could change the newspaper’s policy regarding an editor's performance. Court The court would not support Brinkley in the lawsuit due to past consideration. Brinkley’s Attorney If I was the attorney I would most likely tell her that it was a waste of money to file a lawsuit. In court, though I would file for breach of contract with consideration. Prevent Lawsuit Casey could have paid the $500 bonus and changed the newspaper’s policy. He could have also told Brinkley that he would make a notation in her employment file for her annual review and discuss a bonus with her then. Brinkley...
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...consequences would be an oppressive and unfair scenario. Therefore, the motion for preliminary injunction was denied in favor of the defendants. Facts: The defendants, upon being hired by Russell, entered into contracts which contained three relevant covenants in this case; not to compete with the plaintiffs, not to solicit the plaintiff’ customers, and not to disclose the plaintiffs’ confidential information. The defendants, for many alleged reasons, separated themselves from the plaintiff and began working for a competitor, Red Bull New York, between August and November 2007. The plaintiff claimed that the defendants were contradiction the covenants mentioned above because of his immediate drop in customers since the defendants left. The defendants claim that all of the information can be readily found on the internet and that they had not disclosed any confidential information. If the defendants were to be found guilty then the consequences would be an oppressive and unfair scenario. Therefore, the motion for preliminary injunction was denied in favor of the defendants. Plaintiff’s Theory: The plaintiff claimed that the now former employees were in violation of their contract and has caused his business hardship, therefore they should be terminated and not allowed to work in competition with his company. Defendant’s Theory: They were not in violation of the contract and that all of the information that they...
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...Written Assignment 4 Case Study A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. * If Smith sues the dealer for breach of warranty and the dealer defends by relying on the contract disclaimer, what would be the result and why? * In your essay, be sure to cite information on warranty and UCC Article 2. For buyers who have returned a product that simply didn’t work, they have benefited from the implied warrant of merchantability. This warranty guarantees that a product sold by a merchant will work when it’s used for its intended purposes. That is what’s called an “implied warranty” meaning it exists without a need to be written or spoken. A commercial seller does not have to tell a buyer that the product is guaranteed to work for its usual purpose because the law itself creates that warranty. The Implied Warranty of Merchantability falls under the Uniform Commercial Code (UCC) 2-314. The warranty is based off the idea that the seller should know whether a product will perform properly or not and encourages sellers to focus on quality assurance before putting products on the...
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...Running head: Double Jeopardy Unit 3: Case Study NAME LS311 – Business Law Prof. SNAME Case Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk. Armington was subsequently convicted in a criminal trial of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is he right or wrong? Armington is incorrect. Double Jeopardy is being tried for the same crime twice (Miller & Jentz, 2008). In this case Armington was tried and convicted of the crime, however the civil tort suit is something that is completely different then the armed robbery conviction, therefore this would not fall under double jeopardy. Regardless of the outcome of the criminal trial, the victim can bring a civil suit against Armington to recover any losses or damages. Armington can also be charged federally for civil rights violations for the same crime because assault and battery took place; he cannot claim double jeopardy for that either. Since Jennings was injured in the crime, he has the right to pursue a civil case for damages incurred from the injury. This can include medical bills, time off work, even mental or depression issues stemming from the incident. Armington’s rights have not been violated because these are...
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...Case Study 1 – Millan V. Dean Witter Reynolds, Inc. Plaintiff: Maria Millan Defendant: Dean Witter Reynolds, Inc. Appellant: Maria Millan Appellee: Dean Witter Reynolds, Inc. History of the case Trial Court: Dean Witter won. The broker was found 85% liable and the firm was found to be 15%. Lower appellate court: Dean Witter won. Overall winner: Decision upheld, the broker was found 85% liable and the firm was found to be 15% Facts: Maria Millian sued both her son and Dean Witter Reynolds, Inc. for negligence, gross negligence, conversion, and breach of fiduciary duty. Maria Millian opened two brokerage accounts with Dean Witter Reynolds, Inc. with her son. Her son Miguel forged her signature on an account application form and opened the account in her name. Miguel began to steal money from his mother’s account which totaled about $287,000. Trial court directed a verdict for Dean Witter on issues of vicarious liability. They found Dean Witter is 15% liable and Millan is 85% responsible due to not discovering the fraud sooner. Plaintiff’s theory: Miguel and Dean Witter Reynolds, Inc. stole money from Maria Millian by deceiving her. Because Miguel opened fraudulent accounts in the name of Maria Millian and wrote checks payable to cash, and because the company did not verify the signatures, Millian sued for negligence, gross negligence, conversion, and breach of fiduciary duty. Defendant’s theory: Dean Witter Reynolds, Inc. was not fully responsible for...
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...Case #1 Webb vs. City of Philadelphia This case involves Kimberlie Webb and the City of Philadelphia (mainly the police department). The case was heard by the United States court of appeals, third circuit in 2009. The suit was filed because Webb believed her religious rights were being decimated against. Webb is a Muslim woman who servers on the Philadelphia Police Department. Webb asked permission to wear a headdress that would not cover her face or ears due to her religious beliefs. She was disciplined for failing to comply with Police Department Directive 78 (which basically states that all officers must wear a certain uniform and dress in a certain way in order to appear uniform and unbiased). The Philadelphia Police Department stated that in order to obtain their overall collectiveness could not allow Webb to wear her headdress because it would be obvious what her religious beliefs were and would allow citizens to see that the Police Department is impartial, meaning they could lose the trust and respect of the community. The Judges in this case dismiss the case because for a group of people to be uniform (collectively similar) their cannot be any appearance of religion and that all those who serve must appear neutral to better server the community. Anything to separate identity could be costly when it comes to the overall good of protection. The Judge(s) decide this because if it seems that the police department is partial then citizens may not or will not...
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...SYLLABUS LAW/531 Business Law Copyright ©2014 by University of Phoenix. All rights reserved. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student...
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