...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 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...
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...TEMPORARY HELP EMPLOYMENT David H. Autor Working Paper 7557 http://www.nber.org/papers/w7557 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 February 2000 The author is indebted to Daron Acemoglu, Joshua Angrist, John Donohue III, Edward Glaeser, John H. Johnson III, Lawrence Katz, Sendhil Mullainathan, Andrew Morriss, Richard Murnane, Stewart Schwab, Douglas Staiger, and Marika Tatsutani for valuable suggestions, and to Barry Guryan of Epstein, Becker and Green for expert legal counsel. I also thank seminar participants at Brown University, Harvard University, MIT, the NBER Labor Studies workshop, and the 2000 Econometrics Society meeting for excellent comments.The views expressed herein are those of the author and are not necessarily those of the National Bureau of Economic Research. © 2000 by David H. Autor. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. Outsourcing at Will: Unjust Dismissal Doctrine and the Growth of Temporary Help Employment David H. Autor NBER Working Paper No. 7557 February 2000 JEL No. J21, K31 ABSTRACT The U.S. temporary help services (THS) industry grew at 11 percent annually between 1979 – 1995, five times more rapidly than non-farm employment. Contemporaneously, courts in 46 states adopted exceptions to the common law doctrine of employment at will...
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...blowing the whistle on the firm by releasing information to the newspapers and television networks. Is it likely that such action would have any effect on the firm or on Ayer? --------------------------------------------------------------------- ASHFORD BUS 311 Week 1 DQ 2 Administrative Law (Old) For more course tutorials visit www.tutorialrank.com Research a federal agency online and discuss each of the following questions: •What businesses does the agency oversee or regulate? •Why is it important that this agency oversee or regulate these businesses? •What recent action or ruling has the agency made? --------------------------------------------------------------------- ASHFORD BUS 311 Week 2 Assignment Critical Analysis Paper Contract Breach (Old) For more course tutorials visit www.tutorialrank.com Consider a situation in which you or someone you know engaged in a written or oral contract containing specific performance requirements from the contractor providing business services. In the situation, the contractor breached one or more of the contract performance requirements. Using the six essential elements of an enforceable contract, provide a thorough analysis of the situation. Discuss the options under the contact while considering the potential of “substantial...
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...Analysis of Employment Contract | Business Law | Student Number: XXXXX Dated: December 5, 2013. | Contents 1.ExecutiveSummary……………………………………………………………………………………………….……………………..……4 2.Introduction:………………………………………………………..…………………………………………………………………..……….5 Overview:………………………..………………………………………………….……………...5 Objective:……………...……………….…….………...……………….…………………………….6 Methodology:…………………………………..………….……………………….………………7 3. Description and Explanation of Contract Clauses:……………………..………………………..……………………..…..11 Definations:………………………………………………………....…………………………………………………………………......11 Section1: Superintendent, CEO and Secretary for the Board:…………………….……............................12 Section2: Term of Employment..………………………………………………….….............................................12 Section3: General terms and Conditions of Employment…..…………...……..………….……………….……..12 Section4:PowerandDuties(Responsibilities)…………………..…………………………..…...….………………...……13 Section5:Evaluation……………………………………………………………………..…..............................................18 Section6:Salary…..…………………………………………………………………….…………………………………………...…...19 Section7: Expenses/Allowances 21 Section8: Professional Schedule 23 Section9: Other Benefits 23 Section10: Professional Organizations/Activities...……………………………………………………………………….27 Section11: Waiver of Credential Status………………………………………………………………..……………………….27 Section12:...
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...LAW 5072 FINAL EXAM STUDY GUIDE CONTRACTS Definition: A contract is a promise(s) for the breach of which the law gives a remedy, or the performance of which the law recognizes as a duty. Offer: Showing a willingness to enter into a bargain in such a way that another person would interpret that they could accept and it would conclude the negotiations. It can be words, actions, advertisements (NOT negotiations, estimates or price quotes.) Acceptance: Once an offer has been made, the other party can accept the offer in any reasonable way, including starting performance. The party who accepts can back out up until performance begins. Factors: Were terms finalized? Did performance begin? Consideration: A contract must include a promise and a return promise. It cannot only go in one direction: both parties have to get something valuable (a good or service). A promise of a gift is NOT enforceable because one party gets nothing. The exchange doesn’t have to be equal: one person may value something more than someone else. Enforcement: Breach: Failure to perform Substantial Performance: Doing exactly what is in the contract is not always possible, but the parties have to reasonably live up to the terms. If one party does not materially perform, the other party no longer has to perform. If one party breaches: Damages ‐ The party who is harmed can request money from the other party equal to the loss from the breach. The court said that you can...
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...Sarah Glaudel You Decide Assignment Business Law Factual Summary: In this case, Coleman works for Software Inc., in which his duties include traveling to prospective clients and meeting with representatives of the businesses in his particular sales division. During a trip to Colorado in March 2008, Coleman stole a ring that he could not afford as an anniversary gift to his wife. After the theft, Coleman met with his client John at Jimmy’s Poor-Man’s Bar where, through a series of events, Coleman killed Jimmy with an alcohol fireball and caused sustainable damage to the bar. Because of these actions, Software Inc. fired Coleman without the required interview as stated in the employee handbook. A week later, Coleman took John out to dinner to make amends where he proceeded to punch John in the eye, causing severe physical damage. Issue(s): Because of the actions carried out by Coleman, Jimmy’s mother, John, and Jimmy’s Poor-Man’s Bar sued Software Inc. for the damage caused by Coleman. In addition, Coleman sued Software Inc. for wrongful termination and the jewelry store sued Software Inc. for the value of the ring that was stolen by Coleman. In order to determine which of these suits are lawful, we need to discuss the following legal concepts: when is an employer liable for the actions of an employee and when/how is an employer able to terminate an employee? Legal Concepts: To begin, we will discuss the legal concepts surrounding an employer-employee relationship...
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...One big deal about Employment Law – who does it apply to? Scenario: Small business is being asked to raise minimum wage to $15 per hour. Unfortunately they aren’t able to afford that without taking a hit on their bottom line, owner needs to look at who does the law apply to and do it based on # of employees. Meaning, # of employees can affect whether or not the law applies to your organization. Employment Law Misconceptions: You can’t be fired without good cause You can’t have your pay cut You are entitled to unemployment if you’re fired Your desk, office, computer, and/or your locker are personal property There is no automatic right to employment but there are laws in place “At Will”, needs to be within the guidelines of discrimination laws. The question isn’t about what you can do… it should be about what you should do. Who and what decides what law to apply? Contracts, bargaining units (unions), employment practices at the company may define an unwritten agreement, contracts can be written, unwritten, and oral and/or inferred. Court decisions can interpret laws and regulations The law is fluid and subject to change…. Employment Law Coverage: Based on the number/amount of employees you have working for your organization. Employment Law Agencies in CA: CAL-OSHA Labor Commissioner Department of Fair Employment and Housing Workers’ Compensation Appeals Board Employment Development Department Francise Tax Board Employment Law Agencies in United...
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...decade, Australian courts have vigorously debated over the existence, formulation, and consequences of the implied term of mutual trust and confidence, in the context of employment contracts. The decision in Commonwealth Bank of Australia v Barker [2013] FCAFC 83 (‘Barker’) has granted some clarification in this area, with the majority confirming that a term of mutual trust and confidence can be implied into all contracts of employment, unless the term would be inconsistent with the express terms of the contract. The decision has created implications for employers who must review the terms of their employment contracts and reconsider their pre-termination processes, and doubt relating to the scope and operation of the term. Facts: Mr Barker was employed as an executive manager at Commonwealth Bank of Australia (CBA); he had a considerable period of service with the bank. In 2009, the CBA undertook a nationwide restructure of its corporate financial services unit, causing Mr Barker’s position made redundant. Its redeployment policy was to reallocate employees to a suitable position where possible, however the banks HR manual provided that the policy did not ‘form any part of an employee’s contract of employment’. Mr Barker was informed that his position had become redundant and he was told that his employment would be dismissed in one month if another position was not found within CBA. On his notification of redundancy, Mr Barker was told to clear his desk, return his keys...
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...management Human resource management: concept of human resource management (HRM) eg planning and forecasting, recruitment process, contracts of employment, deployment and monitoring of employees, training and development, budget monitoring, relationships; role and purpose of HRM, soft HRM, hard HRM Human resource planning: planning eg the creation of the human resource plan, analysing demand and supply, internal and external factors influencing human resource planning, human resource planning in a changing environment LO2 Understand the effect of employee relations and employment law on service industries businesses Employee relations: unionisation eg structure, culture, collective bargaining, negotiation, consultation; employee participation, involvement and conflict management, empowerment; grievance procedures, disciplinary procedures Employment law: employment legislation eg Employment Relations Act, Employment Rights Act; equal opportunities; contracts of employment including termination eg resignations,redundancy procedure, ill health retirements, retirement, dismissal, maternity and paternity rights, parental leave; tribunals, Advisory, Conciliation and Arbitration Service(ACAS) LO3 Understand the recruitment and selection process Recruitment: effects eg factors affecting the labour market, organisational needs analysis, job analysis, job design, organisational needs, job descriptions, person specifications, methods of recruitment advertising Selection: process eg...
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...Table of Content Title Page Background Introduction Rational Objectives Methodology Literature Review Limitations Analysis Recommendation Conclusion Reference Appendix Profile Unique Consulting Company Consulting Services (1994) Website-www.uniqueCC.org.com Address: 119 Street West Kill Road Kingston 10 Unique Consulting Company is a Jamaican management consulting firm that focuses on solving issues of concern to senior management. Unique serves as an adviser to business, governments and institutions around the island. This company is one of the most prestigious management consulting firms in the island and it is one of the market leading organizations in consulting services. This firm manages a wide array of investments for the firm’s Partners; an objective of the Investing Counseling Function is to help our investing partners create long term wealth by constructing appropriate investment portfolios and avoiding expensive and or inefficient products. At the same time, the products and advices offered must save Partners times relative to those which are available externally. This firm role is to provide investment education, counseling and select products to clients. UCC serves many successful clients like: Tracks & Records, NCB, MegaMart, Sandals, Digicel, Heart Trust Academy, Burger King, Intown supermarket Unique Consulting Company (UCC) was founded in Kingston Jamaica 1994 by Donald Spence and Amy Kindle, The...
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...MEDIA REPORT ANALYSIS [1702 words] 1. Identify areas of law addressed in the chosen media report, and explain how they are relevant to the matters outlined in the report. This chosen article reports on the prosecution of the directors of a medical practice company called Medical Centre 2000 at Liverpool in Sydney for discriminating against a visually-impaired employee and underpaying her more than $20,000 for about 3 years. Civil Law Civil law can be illustrated in this case when workplace law and disability discrimination have been breached and the victim will be provided with legal remedies by the offenders. In the media report, it have been mentioned that doctors face criminal penalties for underpaying the disabled worker. As a result of this offence, they had to rectify the underpayment of the receptionist after legal proceeding was carried out. She also claimed monetary damages in cash as compensation for her loss and harassment. Corporations Law Medical Centre 2000 is a corporation which its business foundation is established, organised and administered regarding corporations law. It was discovered that the company and operators were breaching disability discrimination under the Fair Work Act. When the company received a disability worker subsidy, they were supposed to pay the blind receptionist a rate of $10-$17 per hour instead of paying less than $8 per hour. With that, they have breached their duties and have failure acting in good faith. In order to...
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...3-9-2012 LECTURER: MR. IBRAHIM CONTEH CARLOS JULIO BELLO ORDUZ STUDENT ID: 21200686 ST-PATRICKS COLLEGE ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS TABLE OF CONTENT EXECUTIVE SUMMARY…………………………………………………………………..3 INTRODUCTION……………………………………………………………………………4 CASE STUDY 1: OFFER AND ACCEPTANCE…………………………………………5 CASE STUDY 2: CONSIDERATION……………………………………………………..6 CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION……………………..7 CASE STUDY 4: contractual terms……………………………………………...……7-8 CASE STUDY 5: exclusion clause……………………………………………………8-9 CASE STUDY 6: Tort of negligence …...……………………………………………9-11 CASE STUDY 7: vicarious liability……………………………………………………12. REFERENCE LIST………………………………………………………………………..13 EXECUTIVE SUMMARY CASE STUDY 1: OFFER AND ACCEPTANCE This case involves term such as: offer, acceptance offer, difference between offer and treat, invitation of treat and acceptance of an offer by post. CASE STUDY 2: CONSIDERATION This case of study involves terms such as: part payment, principle of promissory estoppel Pinnels case (1602) and foakes beer (1884). CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION This case of study involves terms such as: intention to create legal relation, domestic contract, social contract and commercial contracts. CASE STUDY 4: contractual terms This case of study involves terms such as: meaning of contractual terms, representation, types of contractual terms. CASE STUDY 5: exclusion clause This case of study involves...
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...Investment Firm Investment Firm – Legal Issues Question 4 Contract Law Major issues faced by the U.R.E Investment Firm LLC in relation with contract law are lack of proper terms and conditions, lack of importance of health and security of the employees, and one of the most important issue is companies sometime when entering into any contract do not make anything in writing these are some major issues faced by the country in relation with the contract act. A contract is an agreement enforceable by law. Every time an agreement is considered binding and enforceable by the court in the sense that no one can be prosecuted, the agreement is a contract. So while making any contracts these rules should be properly followed, they are informal, oral or written or implied behavior. It must meet the following conditions: Offer and accept unconditionally. Valuable consideration. Authentic consent. The parties must have the capacity to enter into contracts. In the Household Registration Law (a person's residence is the country in which he lived with the intention of permanently stay there) this universal jurisdiction (Glick 2003, 85). Types of contract which should be performed with suppliers, customers and employees are Contract by record These obligations are based on court records, the records of the condition. They are not the real contract, the obligations of the parties arising from the court records of any agreement into a separate reason and only. They can through the...
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...CONTEMPORY EMPLOYMENT RELATIONS EMPLOYEE-CONTRACTOR CASE Introduction: 148 There are a few different ways in which organisations can employ people. The two most common methods that businesses use are to employ people into the company as an employee or as a contractor. According to the IRS, under common-law rules, ‘anyone who performs services for an employer is an employee if the employer can control what will be done and how.’ On the other hand the IRS defines a contractor as ‘an individual is an independent contractor if the organization has the right to control or direct only the result of the work, not the means and methods of accomplishing the result.’ This case study will use the ‘multi factor test’ to explore and analyse the dilemmas identified in the case study. Precedent cases will be used to arrive at decision as to the employment relationship between Joseph Raphael (“the Plaintiff”) and Vincent Van Gallery (“the Defendant”). Body: 1100 Elements of a contract According to Lord Diplock in United Dominions Trust Ltd v Eagle Aircraft Services Ltd, “a bilateral contract is where each party undertakes to the other party to do or to refrain from doing something, and in the event of his failure to perform his undertaking; the law provides the other party with a remedy”. There are four main elements that create the backbone of a legally binding contract. The first requirement for a valid contract is an agreement, which consists of an 'offer' and an 'acceptance'...
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...Professional Responsibility Mulligan versus Friedman perspectives on moral business decisions * Mulligan: Execs have most knowledge and will be better at at analyzing problems and implementing solutions * Friedman: Execs are not competent to solve moral problems – should be left to governemtn Director/Officer “Duty of Due Care Standard” in the Business Judgment Rule Statutory duty to act: 1. “In Good Faith” – NO SELF INTEREST 2. “With Care of an ordinarly prudent person” BE INFORMED 3. “In manner reasonably believed to be in best interest of corporation” Comparison to a Professional’s “Duty of Due Care”: 1. Duty of Care 2. Breach of duty of care by a reasonably prudent professional 3. breach causes damages that were foreseeable. 4. Negligence Theory: , Can negligence be criminal—US v Parks case Yes! If informed of an issue, should follow through and ensure action was taken (supermarket example) States’ Differing Public Policy on role of stakeholders in making a decision that is in the best interests of the company * Half of the states say the officers and directors can take into account stockholders and other stakeholders (employees, customers, supplies, communities). * Pennsylvania and Indiana allow officers to place the interests of stakeholders above stockholders Why most companies choose Delaware to incorporate Management friendly. Example: business judgement rule Drucker’s Aristotelian...
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