...Commercial Law Assignment 1. In this essay will discuss the following case which involves two parties, Alan the passionate drinker and Ben the salesperson. Alan is an individual whom only drinks vodka that is distilled in Russia and Ben the salesperson, who sold him three bottles of liquors claimed it, is distilled in Russia which is untrue. Alan and his friends drank three bottles of liquor and got ill. In this discussion will determine if there was a legal binding agreement which is, contract formed between both the parties Alan and Ben. There are four elements to form a contract (Burton's Legal Thesaurus, n.d. para.1). The first element will discuss about legal capacity. Both Alan and Ben are in legal age (above 18 years old) and furthermore Alan and Ben are not under the influence of intoxication, nor are they both suffering from any mental illness. Therefore they are not considered as minors and are knowledgeable of understanding the nature of the contract and possess legal capacity. The second element will discuss on agreement, which consist of offer and acceptance. In order to impose this element there must be a party making an offer, and another party agreeable to accept the offer. The offeror in this case will be Ben and the offeree will be Alan as follows. Usually goods which are displayed at a shop are not an offer but an invitation to treat, whereas in this case it is otherwise because Ben showed him those drinks and explained the backgrounds between them....
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...Men’s Skin Smoother The case study presents a range of issues in regards to Kai’s injuries, Men’s Skin Smoother and the Supermarket. Kai purchased a bottle of Men’s Skin Smoother for The Supermarket under the impression that the substance would moisturiser his rough skin. However, Men’s Skin Smoother caused a lot of damage to Kai’s skin and the injury left him with $40,000 of medical expenses and caused him to miss out on $30,000 of paid work. Both implied and expressed terms must be examined when determining whether or not Kai is able to seek damages, medical expenses and/or lost earnings from The Supermarket. The issues involving implied terms include that Kai relied on The Supermarket’s judgment to supply a moisturiser that was Fit For the Purpose. However, the product Men’s Skin Smoother caused damage to Kai meaning that its standard was not appropriate or necessary for Kais intended use. Therefore the product did not function properly and was not Fit For Purpose. The relevant legal principle for Fit For Purpose comes under the Trade Practices Act (TPA) 1974 s.71(2). This contract comes under the TPA under s4B where Kai has purchased the good for personal use and where the Supermarket has been determined as a service provider that is a trading corporation. In relation to the case Godley v Perry (1960) {345} simular facts apply. Godley purchased a toy plastic catapult from Perry. Godley relied on Perry’s judgment and skill in the selection of his product. The catapult...
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...Sarah Estes Judith Wright Commercial Law 21681 Applied Learning Assignment #1 Indiana Code §9-21-8-59 states that no individual is to use their telecommunication device to type, send or read an electronic mail message or text message while operating a motor vehicle, unless said individual is using hands free, or voice operated technology, or reporting a legitimate emergency. It goes on to state that the police may not confiscate the device in question to obtain evidence of these communications without the consent of the driver unless the police officer has probable cause to believe that the device was used to commit a crime, or if the officer has a valid warrant for the device. This law impacts the delivery aspect of ABC Supply Company, because...
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...BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase...
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...Create a flowchart of the three branches of government and associate two (2) Uniform Commercial Code (UCC) clauses for each branch of government. Designate the relationships among the governmental branches. In an accompanying document, exemplify the types of powers of each branch of government and include these items: • Taxing and spending powers • Limits on both federal and state governmental actions • Due process • Equal protection In a three to four (3-4) page flowchart, include the following: 1. Organize all three (3) branches of government in a flowchart format. 2. Designate two (2) UCC clauses that align with each branch. 3. Illustrate the interactivity among the branches of government in the flowchart. 4. In a separate document, exemplify the types of powers of each branch of government. Your assignment must follow these formatting requirements: • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions. • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length. The specific course learning outcomes associated with this assignment are: • Explain the functions of law, the nature of crimes and torts, and the structure of the U.S. legal system, including...
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...BUS 311 ALL DQS ASSIGNMENTS AND QUIZZES TO purchase this tutorial visit following link: http://wiseamerican.us/product/bus-311-dqs-assignments-quizzes-2/ Contact us at: SUPPORT@WISEAMERICAN.US BUS 311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS 311 Week 4 Business Ethics – Journal BUS 311 Week 4 DQ 1 Real, Intellectual, and Personal Property BUS 311 Week 4 DQ 2 Business Ethics BUS 311 Week 4 Multimedia activity Business Organization BUS 311 Week 5 DQ 1 Intellectual Property and Technology BUS 311 Week 5 DQ 2 The Global Marketplace BUS 311 Week 5 Final Paper BUS 311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week...
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...1 Week Five Assignment Jerri Jordan BUS311: Business Law I (BBL1544A) Instructor: Jennifer Stephens 11/16/2015 2 Managing a company comes with great responsibility. Sometimes different changes will have to be made by the manager to better the company. Law relevant to the situation should be a major part of company changes. Not following these laws could negatively impact the company. Determine if the contracts with the businesses will be governed by common law or the Uniform Commercial Code (UCC), and explain why. I will define what it is to be governed by common law. I will also discuss what it is to be governed by the Uniform Commercial Code (UCC), and why. I will explain how each will affect the business and compare the two. I will point out which one would be best for the company and why. Analyze whether the owner formed a contract with the businesses, and apply the five essential elements of an enforceable contract. In this section I will analyze everything regarding the contract. I will discuss how to determine if there is a true contract or not. I will discuss the guidelines of having a true contract. I will also discuss the five essential elements of an enforceable contract. I will compare these with the information we have for the contract between the owner and business. Explain the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display. In this section...
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...Individual Assignment: Role and Functions of Law Paper By: Johnny Rambo LAW/421 November 19, 2012 Instructor: John Arnold Laws play a major role within business’ and society in many ways and without them there would be complete chaos and many situations would take place if it were not for the laws that our state and federal agencies uphold. In this essay I will define the functions and role of law in business and society and discuss the functions and role of law in my present day job, which I military police officer for the United States Army. Laws are set so that business’ and society have to abide them to prevent chaos from happening within the business environment and local communities as well. First, laws are set in businesses so that they have rules and regulations they must follow to prevent them from taking advantage of their investors and customers as well. For example, because the market crashed due to large companies such as Enron, who lied about their financial stability, causing investors to keep dumping their hard-earned money into the owners and other stockholders of the company’s pockets. Another way law plays a large role within businesses is by preventing them from putting false advertisements out on commercials or billboards. For instance, if a company comes out with a cell phone saying that it can do a certain task and it does not that would be considered false advertisement, which could then lead to a lawsuit if pursued by the customers. This took...
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...Role and Functions of Law LAW / 421 July 18, 2012 Role and Functions of Law Law has a vital and important role in our society. Law is somehow rules created and applied by the government system for peace and order in the society. Law is intended to be interpreted and applied as correctly it was intended to, reasonable and just. Every law has its purpose, and there are many laws for every situation. This also applies to business. There are many laws addressed for the business environment and for every situation in it. The purpose of this laws in business, are intended to ensure that all business related issues and situations are running properly, without affecting their businesses and customers, and/or any consequences in between. In the case of companies, laws are addressed for them to comply correctly and properly with the function and purpose of their business, employees and customers. There are also in the business environment, the labor area, laws that are intended to protect the employees and their right as workers. And there are also many laws addressed to protect and ensure the best interest for the customers. But in business and more importantly addressed to companies, there are laws that prevents them to dominated markets too aggressively and/or completely, or controlling it at all. These laws are mostly as monopoly’s laws, which are addressed directly to prevent any monopoly action or state from any company. These normally are intended for bigger or larger...
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...the UCC and UCITA acts are, and the reasons why the acts were created. Discuss the differences between the Article 2 of the UCC and the UCITA. Determine the distinction between selling a product and licensing that product legally. Discuss the reasoning for drafters to propose a separate and distinct uniform act. UCC and UCITA Act UCC stands for Uniform Commercial Code, and that is a code that addresses the majority of aspects of commercial law. (No Author, 2011) UCITA stands for Uniform Computer Information Transactions Act, and that code is to regulate transactions in computer information products. But before the UCC and the UCITA act there was the Interstate Commerce Act of 1887. The act was put in place to normalize railroads that saturated the states boundaries. (U.S. News, 2012) Even though each one of the acts are different and provide different provisions, they all have something in common, they all create a better way to provide uniformity in commercial law between states. The Uniform Computer Information Transaction (UCITA) act started out as an amendment to article 2 of the Uniform Commercial Code (UCC), but there were so many disagreements with the amendment, that it was decided to rename it the UCITA and to keep it moving as a separate act, and it was approved in February 2000. (Andersen, Raymakers, & Reichenthal, 2001) The difference between selling a product and licensing a product is when you are selling a product it is a product that has gone...
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...Business Models and Systems Terilyn L. Blue BUS 210 June 8, 2012 Tony Sines, MBA/TM Business Models and Systems The three components of business are: Business Commerce, Business Occupation, and Business Organization. Business Commerce is the process through which people produce exchange and trade goods and services. Business Occupation is the acquired set of specialized skills and the abilities that allows people to create valuable goods and service. Business Organization is the system of task and authority relationship which coordinates and controls the interactions between people so that they work towards a common goal. When you put all these factors together you get a business system, which is the combination of business, commerce, occupations, and organizations that produces and distributes the goods and services that create value for people in society. In my area there is a business that operates as a pharmacy. It is owned and operated under a franchise name. The owners are in a partnership with various members of the family, making it a family owned business. The owners of this business decided they wanted to be able to serve the community in various ways. The shelves are stocked with quality low priced items that everyone in the community can afford. The service is on a more personal level. Mr. Woods purchases his supplies from the local market in Alabama where his says he get a great deal to pass onto his customers. There are times when Mr. Woods have...
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...Uniform Commercial Code: Article 2 Sales Transactions over the Internet Introduction The Uniform Commercial Code (UCC) generally refers to the main set of regulations and laws that were primarily established to harmonize and standardize sales and commercial transactions in the United States. The primary reason for standardizing the state laws regarding the conduct of sale and transactions is that, often in today’s society, those transactions and sales tend to extend beyond the jurisdiction of a given state. For instance, a particular product may be manufactured in California, warehoused in Arizona, sold in Texas and delivered in Michigan. Consequently, the use of the UCC has not only ensured uniformity of the state laws regulating commercial transactions but has also allowed the states to achieve the necessary flexibility required to meet their local transaction demands (Benjamin and Jane,1998). The history of the UCC dates back to the 1940s when top American legal scholars began to draft a uniform law regulating commercial transactions that was intended to be adopted into the code of statutes of all of the states in America. Although the content of the UCC is generally the same in all the states that have adopted it, some states have however undertaken minimal structural adjustments to conform to the local state customs. The implementation of the UCC has enabled people from various states to freely make their commercial contracts without the different terms and conditions...
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...that was offered by Dr. Vranich because they entered into an oral modification of their written contract. Under Montana law, a written contract can be altered in writing or by an executed oral agreement therefore making their alteration legally binding. Dr. Vranich acted extremely unethical in raising the defense that the contract was not in writing because he was aware of the oral alteration he entered with Dr. Winkel and the only cause for this case was due to a disagreement among the two parties. Cheeseman, Henry (). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues [7] (VitalSource Bookshelf), Retrieved from http://online.vitalsource.com/books/9781256088080/id/ch09lev1sec11 10.7 In this case, Peter Andrus would win because he did not accept the terms of the policy two months prior to the expiration. Although Durick sued Andrus to recover the premiums on the $48,000 policy, these details were never agreed upon and are therefore not legally binding. An agreement is the manifestation by two or more people through a contract that requires an offer and an acceptance. The acceptance in this case existed in the beginning of the contract but not two months prior to its expiration when Durick notified Andrus of the new terms. Therefore, Durick will not recover the premiums of the policy. Cheeseman, Henry (). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues [7] (VitalSource Bookshelf), Retrieved...
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...patent prosecution and protection) Costs Marketing streams (such as agreements with doctors, pharmacies, and hospitals to promote or utilize the drugs, and then making sure that the doctors legally and properly utilize the drugs) Significant legal barrier What are the possible ethical dilemmas present in this example? There are possible issues here with trade agreements, which are illegal under the Sherman AntiTrust Act. Also, there is an issue with costs--since companies are directly refusing to compete, the buyers lose out and as such an unfair agreement has taken place.Dimitry Alexander Kaplun40281.1716250347 Expert Type | Attorney | Category: | Business Law | Pos. Feedback: | 98.5 % | Accepts: | 1005 | Answered: | 4/13/2010 | Experience: Run my own successful business/contract law practice Ask this Expert a...
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...Schools and Colleges, Association of Independent Schools and Colleges who have been approved by the Florida State Board of Independent Colleges and Universities, and Canadian Schools who have been approved by their provincial educational bodies. 2. The accounting education program must consist of 36 semester hours of upper division accounting courses including coverage of tax, auditing, financial, and cost accounting. The business education program must consist of 39 semester hours of upper division general business courses with some exceptions. One micro-economics, one macro-economics, one statistics, one business law, and one introduction to computers course may be lower division. As part of the general business hours, applicants are required to have a total of six semester hours of business law courses which must cover contracts, torts, and the Uniform Commercial Code. Excess upper division accounting courses may be used to meet the General Business requirement. Elementary accounting classes are never acceptable for credit. Courses for non-accounting majors and any MBA courses that are equivalent to elementary accounting are not accepted for this requirement. Examination Dates April - May July - August October - November January -...
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