...Business Law BUS 415 Caroline Youngblade November 28, 2011 Foodmart, Inc. Paper Introduction Contracts are a legal binding agreement entered into by two parties with the intention of creating a legal obligation. Team C will review each scenario, summarize the legal aspects, and identify the implications of the contracts in each scenario. Scenario One From the sound of this, Foodmart had a valid contract with Masterpiece for the renovation of the store on Main Street. Foodmart had an express contract, an agreement in written form, that Masterpiece had 6 months to ensure the renovation (Cheeseman, 2010). The specifics that are necessary to know are if Foodmart had any clauses in the contract preventing Masterpiece from subcontracting other work and if Masterpiece had to hold work done to a certain standard. The article mentions that Foodmart has noticed the poor quality of work being completed and passed for acceptable. Masterpiece is ultimately responsible for the final product and if the quality is not acceptable by the 6 month deadline, Masterpiece is at fault. Masterpiece does not have the authority to change the terms of this contract based on new contracts. By agreeing to this, Masterpiece agrees that the deadline is reasonable and any new contracts signed should already take this into consideration. Masterpiece can try to rule this as an unconscionable contract, a contract that courts refuse to enforce in part or in whole because it is so oppressive...
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...Foodmart Inc. Paper Silvia BUS 415 January 12, 2012 Foodmart Inc. Paper Foodmart Inc. is a retail grocery store in Any State, America. This paper will discuss four lawsuits involving Foodmart Inc. or its employees. The first lawsuit is Foodmart Inc. suing Masterpiece for breach of contract, specifically regarding Masterpiece’s performance on a renovation project. The second case concerns Jeremy Atwater, an employee of Foodmart, who is being sued by a car company named Smooth Sales Used Cars over the legality of a contract. The third lawsuit involves Brian, a manager of Foodmart, as a defendant versus Harry, who is suing him for breach of contract. In the final case, Foodmart itself is being sued by Todd, who accuses Foodmart of damaging his business because the grocery store did not give him a sauce that he wanted. Foodmart versus Masterpiece Foodmart contracted with Masterpiece Construction to renovate one of its stores in Any Town, specifically the one on Main Street. In the contract, Foodmart requested that Masterpiece complete the project within six months. Because it had too many other contracts, Masterpiece Construction was unable to finish the renovation in six months. To solve the matter, Masterpiece hired a different company, namely Build Them to Fall Construction, to complete the job. Build Them to Fall, however, did a very poor job. Foodmart was not notified by Masterpiece that they subcontracted with another company to finish the renovation. Foodmart sued...
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...Foodmart Inc., Paper Zelda Anderson, Shaquan Bozeman, Maria Lovell, Lashawda Jones, Ali Gurley BUS/415 March 13, 2012 Professor Michele Riley In scenario one many issues are in question such as whether this contract was legally formed, if the contract was assignable or if the contract was disregard and what the appropriate standards is for the non-breaching party. They need to take a look at the contract and decide if the contract was an acceptance and consideration. After reading the scenario the contract does not show any formation process, it also does not show whether the contract is valid between the two companies. In order for Foodmart to sue Masterpiece construction they must first establish that the contract ever existed. Masterpiece could avoid the liability under the contract by proving that no legal contract was clearly defined. If no contract was formed to where Foodmart accepted the terms then the offer could be different. The facts in this case do not indicate whether the contract between Foodmart and Masterpiece was assignable or not. Even if a contract is held to be non-assignable, most jurisdictions will usual not grant the change of a specific performance. If Foodmart petitioned the court for an injunction and sue Masterpiece for the breach in contract and the specific performance they will lose. Foodmart could win against the case if they sue only under the breach of contract. Masterpiece argues that they had the right to delegate the contract...
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...Synopsis of Tort Cases Paper Introduction Monica Bertrand The purpose of this paper will be for Team B to analysis two scenarios and decide what tort actions were found in the two scenarios that we chose. The scenario’s that were chosen by team B is scenario two and four. Within this paper we will discuss what tort actions were found in each scenario, and decide who are the plaintiffs, and defendants. In this paper we will discuss the elements of the tort claim and how it constitutes the plaintiff’s claim and how it can be resolved. My portion for team paper bullets one through three Monica Bertrand In scenario two the setting is in an Italian restaurant where the owner will be sued for negligence. The tort action for starters would be negligence. Tort is a word that means wrong done, that an individual has committed knowingly or not or by strict liability. The plaintiff has a right to monetary gain for damages inflicted while the tort was committed. According to Cheese man 2010, “Tort laws provide remedial compensation for damages. Segment of tort laws includes intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufacturers”. Within scenario two Anna along with the old lady and the customers that were trying to leave the restaurant are the plaintiff’s. Anna can sue the restaurant owner for negligence, because glass was found in her...
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...Nike recently released an advertisement video on July 13th, 2015, “Short A Guy,” the hit video has been seen on TV and has over three million views on YouTube. As a company, Nike has set out to have the gear that will make the customer look as nice as they play. Top flight athletes all across the country use their gear, and in this advertisement it showed the likes of Mike Trout, Andrew Luck, and Anthony Davis all wearing Nike apparel playing their own respective sports. Trying to get the audience to buy their athletic gear, this advertisement clearly appeals to those who are interested in athletics and does so through the use of ethos, logos, and pathos. Throughout this advertisement, the audience is taken through a variety of settings and that is the context for this particular piece. Nike's mission statement is "To bring inspiration and innovation to every athlete in the world." Through the ad they are trying to inspire athletes but also sell them on their clothing to take them over the top as players. As the advertisement plays, it shows the different settings and all the people wearing Nike apparel. Also, it showed the famous athletes in the video wearing Nike gear, and they would tell the kid they are, “Short a Guy.” As he would go from sport to sport, he changed clothes into different sports gear that Nike sells. The audience the author is trying to target are people that enjoy athletics, and that’s why the use of well-known celebrities is key to this ad. Seeing these...
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...In today’s society, we don’t hear cases about monsters scaring children and transforming into heroes. Monsters that turn into heroes come off as rare in the fiction world where most people only see one side of a monster. Two works that suggest monsters becoming heroes are The Cat in the Hat and Monsters Inc. At first, these monsters come about as scary looking but that’s not how these selctions end up; finishing with a twist in the end with monsters showing a care for human children. While written 40 years apart, Dr. Seuss’s The Cat in the Hat and Pete Docter’s film Monsters Inc. demonstrate responsible behavior in interactions with children and show the flawed characters who though their journey have monster heroes who interact with human children and then accept responsibility for the messes they have created. The Cat in the Hat and Monsters Inc. portray a child’s adventure as a result of showing up unexpectedly. The Cat enters out of the blue introducing himself to the two children and begins creating chaos around the house because he’s being a careless cat. The Cat unlocks a crate and frees the two identical creatures with blue hair who rally round the Cat...
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...The advertisement gets the audience attention effectively by utilizing the rhetorical element of pathos. The advertisement does this by using an overweight boy so that the viewers can in a way relate to this boy struggle of trying to lose weight and be active. By doing so the advertisement makes the audience feel empathy for the boy. The advertisement also appeals to your emotions by staying in just a single shot of just the boy jogging; by doing so you get a full view of the facial expression visually see he is motivated. The advertisement does not include any background music. All the audience can hear are the boy light steps, heavy breathing, and the voice of the man speaking. Although, there is no background music the advertisement still manages to be upbeat and inspiring to the audience. The advertisement effectively uses the rhetorical element of ethos. The ethos is effective because the brand Nike has been around since 1962 and is recognized worldwide to the public. The company is highly respected in many parts of the athletic industry. The brand also has a long list of spokespeople and commercials that built credibility to the brands name. By choosing an average overweight boy, Nike is using someone is can be relatable to mass audience. The audience can feel as though that they can trust the boy using Nike because the boy is just like the audience. Although it is a critical aspect for Nike to have credibility when selling their products such as using celebrity endorsers...
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...Nike has been around much longer than most would think and continues to be the leading trend setter in athletic wear. Nike was started in January of 1964. The athletic company began as just a small clothing distributing company out of the truck of Phil Knight’s, owner and CEO of Nikes, Car. The Saying you started from the bottom is very true when it comes to Nike who now leads in sales of all athletic gear compared to Adidas who at the time of 1964 was the most popular athletic company. From starting in a truck of a car no one would suspect that this company would not only be defined as the definition of ‘cool’ when purchasing clothing and shoes from stores all over the United States but yet the brand that carries our pop culture. Nike started with two key people that pushed this company Bill Bowerman , Co founder of Nike and olympic track coach, his search for lighter and much more durable racing shoes for his Oregon State track runners. Combined with Phil Knight's need to make a living while still living out his passion for the athletics. The two became friends over track and the desire to find products that gave a better performance than what was available to them at that time, between the two of them, the seed was planted and from that came the most influential sporting company. A key moment in Nike history was when Phil Knight traveled to Japan on a world-tour searching for a call on his life trying to decided what he was meant to do with this new goal on a random whim he...
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...ADVANCED MARKETING STRATEGY 362MKT Example on Nike Dr. Eric Chu 362Mkt‐2012 Example Company Background • NIKE, Inc. is the world’s leading innovator in athletic footwear, apparel, equipment and accessories. The mission of Nike is to bring inspiration and innovation to every athlete in the world. 362Mkt‐2012 Example Product Market • Garment Industry – The garment industry consists of different categories of wearing apparels that serve both beauty, comfortable and body protection. – Product categories could involve men wear, kids wear, sports wear, ladies, … 362Mkt‐2012 Example Market Audit (1) • External Environment – By STEEPLE • Social factor: people are more concern with health, fashion and beauty. Diverse segments are emerging in the garment industry. (Opportunity) • Technology: different material by nano technology could help to build more comfortable garment for consumer market. Different material available lead to better design for manufacturers. (Opportunity) • Legal: pirated products costs a lot of money for litigations in the industry. (Threat) 362Mkt‐2012 Example Market Audit (2) • External Environment – By 5‐forces • Supplier: supplier marketing in the garment industry are mainly small low costs manufacturers in the area and many suppliers are available. Suppliers bargaining power to the industry is low. (Opportunity) • Buyer: Information transparency increase and there are lot more competitive products for customers to choose...
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...There are numerous sneakers launched by distinct identified and unknown organizations for gamers each and every yr. Some sneakers are extremely unique and a few are costly. Nike, Reebok Jordan,Adidas are best brand identify who promote favourite sneakers for gamers. This 12 months Jordan business also reviled new sinkers and 1 is most latest Air Jordan and quickly its colorway are releasing quickly. An additional current release of jordan business Air Jordan XX9. The two Michael Jordan and Tinker Hatfield collectively launched Air Jordan series which gets to be most promoting footwear from the 12 months. At exact same time Jordan launched an additional pair of footwear Air Jordan III which can be depending on Chicago Bulls-themed edition which seems desirable for red lining and white brand.Shortly, it's turn out to be well-known as well as Michael says 17 from the 29 Air Jordan footwear. Jordan organization unveiled the 2nd edition of Air Jordan within a particular occasion which was black shade with 23 inch brand created for basketball gamers and athletes. Additionally, it attracts thoughts of player as well as other folks. Its reputation can also be raised to best. Nike announced that Jordan Brand endorser Russell Westbrook will launch air jordan shade way maybe throughout Oklahoma City Thunder's video games inside the 2014 NBA gaming. Nike also additional that Air Jordan XX9 will likely be greatest suit for basket ball gamers which might assist within the taking part in battle...
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...Blue jeans! The most popular clothes in all the time. We see people wearing this invention on every day and any occasion. There is no fashion trend has been worn for this long as blue jeans. Jeans are an icon of fashion item, and they manufactured in many fits such as skinny, slim, straight, boot cut, low waist, anti-fit, and the classic. Jeans pants have increasing fashionable. The word "jeans" came from a material called Jean which is named by sailors from Genoa in Italy and they wore clothes made from it. Do you ever thought about jeans? How had it made and how it was invented? Jeans was invented by Jacob W. Davis in partnership with Levi Strauss & Co. In 1831, Jacob W. Davis was born and he was trained and worked as a tailor. He owned a tailor shop which is making tents, horse blankets and wagon covers for trains. Jacob was using a really heavy cotton fabrics named "Duck" and "Denim" which he is buying them from Levi Strauss & Co. The history of jeans is begun in San Francisco. One day, a lady customer came to his shop and asked for a clothes for her husband which has obesity and he couldn't find him a suitable clothes in shops. The lady has requested Jacobs two pants to be made as strong as possible. The tailor thinks about the copper rivets that he is using them on horses blankets and he put them on the pockets of the trousers so they don't tear. Then, these pair of pants get liked by people and became a very popular for heavy work. He had come up with an unusual way of...
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...Nike, Inc. is the world's largest supplier and manufacturer of athletic shoes, apparel and other sports equipment. The company employed about 56,500 people worldwide and in 2014, Nike's global revenue amounted to about 27.8 billion U.S. dollars. The North American region of Nike generated the largest portion of the company's revenue that year, approximately 12.3 billion U.S. dollars. Of that 12.3 billion U.S. dollars, the Oregon based company's athletic footwear segment generated about 7.5 billion U.S. dollars. Nike, Inc. is the world's largest supplier and manufacturer of athletic shoes, apparel and other sports equipment. The company employed about 56,500 people worldwide and in 2014, Nike's global revenue amounted to about 27.8 billion U.S. dollars. The North American region of Nike generated the largest portion of the company's revenue that year, approximately 12.3 billion U.S. dollars. Of that 12.3 billion U.S. dollars, the Oregon based company's athletic footwear segment generated about 7.5 billion U.S. dollars. Statistics and Facts on Nike Statistics and Facts on Nike A new range of Nike apparel products assist the body’s natural ability to regulate temperature when running in a variety of conditions. The innovations are informed by Nike’s "Nature Amplified" design ethos — an approach focused on the body in motion and fueled by scientific data and athlete insights — to keep runners comfortable, protected and focused on performing at their best. Nike designers...
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... Demand And Supply Sneakers or running shoes. Giving the economic situation the world is currently in, the market of certain products can be greatly affected depending on the demand and supply of these products. Sneakers or running shoes as it is, has an increasingly demand and supply curve considering the fact that, the world is highly increasing in both the youth and old age population. A high percentage of Americans strive to stay healthy which involve being physically fit. Running as we know, is what must people do to stay physically fit. This causes a high demand and supply for sneakers or running shoes. The demand an supply of sneakers can be influence by numerous factors. Demand, demand is the quantity of good or services buyers are willing and able to by at a particular time. There can be numerous factors influencing the demand for sneakers or running shoes. Price: price could be an important factor influencing the demand for running shoes. When the prices of running shoes dramatically increases, the demand for running shoes would decrease. on the hand , if prices for running shoes are reduced, demand will increase. Income could also be and important factor affecting the demand for sneakers. As consumer income rises, the demand for running shoes rises and decreases when consumer income decreases. The type of population. If the population has a high percentage of youths that like exercising, the demand for sneakers would increase. on the other hand, say...
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...Nike, Inc is an American company started by Bill Bowerman and Phil Knight. Based out of Beaverton, Oregon, Nike was founded in 1964 under the name Blue Ribbon Sports. Bowerman and Knight changed the name of the company to Nike after the Greek goddess of victory in 1971. The Nike company designs, develops, and manufacturers athletic and active wear products including footwear, apparel, equipment, and accessories. The company started with one pair of running shoes and has grown into a multinational billion-dollar business that provides everything one may need to be active. Nike's success is in great part to the company's strong and ever evolving marketing strategies that continually meet the needs of their target demographics in unique and emotional...
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...Almost everyone in business is aware of Apple’s amazing product success and the extraordinary leadership of Steve Jobs. Some would say that it’s the corporate culture of the company that has allowed them to go from solely a computer company to being known for its ability to come out with path-breaking products. That culture has also been tied to the innovation created at Apple and how they became the pioneer of the “Work Hard Play Hard” ethic. When Steve Jobs returned to Apple in 1996, he totally change the whole organization. With the help from his Human Resources Director, Jay Elliot, he reorganized the hierarchy of the company from the more traditional functioning vertical organization designed by the previous CEO to a flat organization, launching open communication policies and recruiting employees who were genuinely excited about creating products for the company (Shelly, 2011). Steve Job’s leadership skills and the principles for hiring the right people and developing management policies were the basis for Apple’s start and what has helped shaped the organization and defined their corporate culture. Apple's human resource management attracts a quality workforce by attracting visionary people that think freely and can see the potential in different objects. It does this through excellent human resource planning, job specifications, recruiting and the selection process. It all begins with hiring the right people, so how does Apple go about finding the best people who...
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