...LAW 531 WEEK 2 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-2 Visit Our website: http://hwsoloutions.com/ Product Description LAW 531 Week 2 Week Two IRAC Brief Case: Edward J Bylsma v. Burger King Corporation. May 8, In the outlined case, the plaintiff is trying to sue Burger King Corporation under the Washington Product Liability Act (WPLA). Mr. Bylsma claims ongoing emotional distress after an employee spat on a burger he purchased, but did not eat. The litigation is based on product liability, negligence, and vicarious liability (Bylsma v. Burger King Corp, 2013). According to Repa (1998) “Although supreme Court has not yet recognized federal limitations on state product-liability actions, several lower federal courts justified a federal common-law tort immunity” (p 48). The legal concepts that have been applied are discussed in the discovery of the Issue, Rule of the court, Analysis, and Conclusion reached for this case. Like this case, if these legal concepts are violated with lack of training and inspections by the managerial setting similar issues can be found in all types of businesses. Therefore, according to WPLA Burger King has lost the case due to the legal principles behind the decision which are product liability, negligence, and assault by the employee causing emotional distress. “A tort is a civil wrong for which a remedy may be obtained” (Azria, 2014, p. 1). In the food and hospitality industry tort cases like...
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...understanding and sensitive of the foreign law, culture, politics, formal and informal power structures and decision making approaches. This applies whether you are forming a joint venture with an Asian company, or enforcing contracts with European suppliers. 2. What are some practical considerations of taking legal action against a foreign business partner based in another country? Some practical things to consider are, that the law of the other country is the most important thing to take into consideration. The laws of the U.S. are only enforced in the U.S. and not in the foreign country that you have expanded to. Meaning the only laws that you be able to enforce are the ones that are in place in that country. Another is that contracts can only be enforced if they are backed by the laws in the country they are made in. 3. What factors could work against CadMex's decision to grant sublicensing agreements? Some of the factors that can work against CadMex’s decision are, first this can leave the organization up for lawsuits. If any of the contracted workers does something wrong it could possibly make the main company fully liable. Also it could start to dilute the brand of the company. 4. When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? Explain why. When local customs and laws conflict with the laws of an organization, the customs and laws of the country that the business is being...
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...In the text states, “Whenever a U.S. firm enters into a contract situated in a different country, it should make sure the agreement is officially enforceable” (Melvin, 2011). Therefore, resolving legal disputes in international transactions also pertain to issues resolved in legal disputes in global companies. Global company should always acknowledge amendments made to the global rules and regulations (Melvin, 2011). When taking legal actions against a foreign business partner based in another country there are some practical considerations. These considerations consist of the guidelines of the country; a country has elected to conduct business with. In most cases Country’s overseas are not always equal to the legislations laws enforce in the United States. It is important that Agreements made when transacting business in other counties. These agreements are known as binding contracts in with both countries’ come to agree upon. In some cases some countries may even refuse to conduct further business with a particular country if the country files a case (Melvin, 2011). Factors that work contrary to the CadMex's decision for granting sublicensing agreements occur when businesses chooses to enhance the possibilities of cases brought against them by choosing to develop records of sublicensing contracts. Businesses must always incorporate in sub-paragraphs in the transaction agreements; the business must take responsibility of any financial difficulties by pardoning...
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...LAW 531 Week 2 Knowledge Check www.UopStudents.com 1. Identify the true statement about intentional torts. A. A person can be sued for assault even if there was no actual physical contact. B. A person can be sued for threatening future harm. C. A person can be accused of battery only if there was direct physical contact. D. A person cannot be sued for intending to injure one person but injuring another instead. Click here to download Complete Answers of LAW 531 Week 2 Knowledge Check 2. When does misappropriation of the right to publicity occur? A. When private information about a person is made available to the public without the person's consent B. When the identity of an individual is used to make commercial gains without the individual’s permission C. When false statements about an individual are made on a public platform D. When a false document is signed using another person’s name 3. Natalia has sued a media agency for publishing false statements about her in one of its widely circulated newspapers. Natalia has sought damages from the media agency for violating her reputation. Identify the tort that is illustrated in the scenario. A. Misappropriation of right to publicity B. Battery C. Libel D. False imprisonment Want to check out the complete Knowledge Check..?? Visit LAW 531 Week 4 Knowledge Check 4. What is true about a negligence lawsuit in the context of unintentional torts? A. The plaintiff does not need to prove that...
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...LAW 531 Week 2 Quiz To Buy This material Click below link http://www.uoptutors.com/LAW-531/LAW-531-Week-2-Quiz LAW 531 Week 2 Quiz 1.) Which of the following is a key element of successful Enterprise Risk Management? Legal counsel Strong investment strategies Nondisclosure agreements Management commitment 2.) According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care. comparative negligence assumption of risk strict liability contributive negligence 3.) Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation? Mary can file a negligence lawsuit against the dealership that sold John his car. Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car. Mary can file a strict liability lawsuit against John. John can file a negligence lawsuit against the dealership from which he bought the car. 4.) Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process. informal one-time static ongoing 5.) Assuming that statutory requirements have been met, what is protected under merchant protection statutes? Merchants are protected from the intentional torts of their customers. Merchants are protected from negligence claims...
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...Business Law Week 2 Assignment 14.2 Real Property In the case of Briggs v. Sackett, the Sacketts win the case. The parties entered into an oral collateral contract for Briggs to sell his house to the Sacketts under the conditions that the Sacketts pay the three months’ arrearages on the loan and agree to make future payments on the mortgage. After fifteen years Briggs filed an action to void the oral contract as in violation of the Statute of Frauds. Although the Statute of Frauds requires collateral contracts to be in writing, there is an exception that overrides this requirement. “The main purpose exception is an exception to the Statute of Frauds which states that if the main purpose of a transaction and an oral collateral contract is to provide pecuniary benefit to the guarantor, the collateral contract does not have to be in writing to be enforced.”(Cheeseman 222) The Sacketts indeed provided a pecuniary benefit to the Briggs by helping them catch up on past due payments and keeping the payments current for fifteen years. The main purpose exception overrides the Statute of Frauds and therefore the Sacketts win. 16.10 Intentional Interference with Contractual Relations The case between PG & E v. Bear Stearns is an example of “a tort that arises when a third party induces a contracting party to breach the contract with another party.” (Cheeseman 257) PG & E can sue Bear Stearns based on the basis of the intentional interference with contractual relations...
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...Ch25Q#1 Product liability; defect. There was no design defect. There was sufficient warning on the product. The fact that the landlord did not extend the warning to the tenants is not the responsibility of the product manufacturer. Hot water is hot - this simple fact does not allow recovery in this case. The landlord is liable for transferring any information of harm or danger to the tenants. The maker of the product manufacturer fully disclosed the information and did exactly what it is required to do. Ch26Q#11 Adequate assurances of performance. The court held that the seller had the right to stop work on one special production contract when the buyer had not paid on a contract for standard goods already delivered. The buyer had not paid in a substantial amount of time and the seller had the right to be concerned about payment for specially manufactured goods. Demanding assurances was justified even though the non-performance was on a different contract. Ch27Q#1 Statute of limitations. Firwood's resale may have taken three years, and the contract goods may have been sold as parts, but Firwood acted in good faith in trying to mitigate damages because there simply was no market for PCIs at the time of General Tire's breach. Firwood acted in good faith and pursued buyers diligently over that three-year period. While the time period may be less than optimal and the sale of the goods as parts not always desirable, Firwood did the best it could, given the market following...
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...From culture to unfamiliar law to the possibility of a government coup, doing business with other countries seems to not worth the effort for American companies. According to "White and Williams, LLP" (n.d.), “International transactions and dispute resolutions require both an understanding of the law and a sensitivity to foreign culture, politics, formal and informal power structures and decision-making approaches” (para. 1). Jurisdiction would need to be addressed before any debates or agreements can be met. Does the host country have the right to hear and make a legal decision or since the company is American, would the U.S. courts be the ones to decide over any disputes? The three basic questions that need to answered before going forward are which country’s courts should have jurisdiction to hear the dispute, which country’s laws should be used to decide on the dispute, and if any foreign judgment attained overseas might be enforceable in the home country (Barclay's International Trade, n.d.)? Practical considerations to think about would be if the laws of that country would be that any more business deals wouldn’t be allowed or if the laws of that country protect the foreign business partner from any liability. The factors working against CadMex granting sublicensing agreements is that they open themselves up to the potential of lawsuits being brought against them. Host countries local laws and customs prevail over the operating country’s own laws and customs since the host...
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...parties is conditioned, and performance must satisfy that party. Dacor ordered a custom made, state of the art, big screen entertainment center and he wanted refinished and substantial improvements in its picture and sound quality. Because High Tech was not able to make his request, Dacor was dissatisfied and only the personal satisfaction of the party fulfills the condition. Since there was no condition, there is no obligations under a contract. 10.Saul, a cotton merchant, had 50 bales of cotton in his warehouse. Brown, a prospective buyer, inspected the bales in the warehouse, and entered into a signed written contract with Saul to buy the bales at a price of $1,000 per bale. Delivery was to be made by Saul to Brown's factory in two weeks. Two days before the delivery date, Saul's warehouse and the cotton were destroyed by fire caused by lightning. Brown demanded that Saul deliver another 50 bales of similar grade cotton. Upon Saul's refusal, Brown sued Saul for breach of contract. Judgment for whom?...
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...HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders.com/downloads/hrm-531-week-2-labor-laws-unions/ HRM 531 Week 2 Labor Laws and Unions HRM 531 Week 2 Labor Laws and Unions http://hwguiders...
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...Suppose that there is man named Bill who feels no pleasure nor pain of any kind under any circumstances. Bill finds himself part of a sadistic gameshow involving three infants, all restrained, and a gameshow host. The host, like Bill, is capable of feeling neither pleasure nor pain. There are no noticeable differences between the three infants. The gameshow host presents Bill with 2 options. Option 1 is that Bill tortures one of the infants for one hour using specific methods that the gameshow host provides. Option 2 is that Bill does not torture any of the infants, in which case the gameshow host himself will torture two of the infants for one hour each (using the same specific methods that he would have provided to Bill in Option 1). In...
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...LAW 531 Week 2 Knowledge Check www.StudentWhiz.com provides Latest UOP tutorial courses that would definitely lead you to success. We provide LAW 531 Week 2 Knowledge Check Question, Answers and lot more. We are having UOP LAW 531 Final Exam Assignments, so that you could test yourself. Being top in class is no more a dream with StudentWhiz. 1. Identify the true statement about intentional torts. • A person can be sued for assault even if there was no actual physical contact. • A person can be sued for threatening future harm. • A person can be accused of battery only if there was direct physical contact. • A person cannot be sued for intending to injure one person but injuring another instead. Click here to download Complete Answers of LAW 531 Week 2 Knowledge Check 2. When does misappropriation of the right to publicity occur? • When private information about a person is made available to the public without the person's consent • When the identity of an individual is used to make commercial gains without the individual’s permission • When false statements about an individual are made on a public platform • When a false document is signed using another person’s name 3. Natalia has sued a media agency for publishing false statements about her in one of its widely circulated newspapers. Natalia has sought damages from the media agency for violating her reputation. Identify the tort that is illustrated in the scenario. • Misappropriation of right...
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...HRM 531 WEEK 2 EMPLOYMENT LAW COMPLIANCE PLAN To purchase this, Click here http://www.activitymode.com/product/hrm-531-week-2-employment-law-compliance-plan/ Contact us at: SUPPORT@ACTIVITYMODE.COM HRM 531 WEEK 2 EMPLOYMENT LAW COMPLIANCE PLAN HRM/531 Human Capital Management Complete the Employment Law Compliance Plan task as described in the message from Traci on the Atwood and Allen Consulting Page. Individual Assignment: Employment Law Compliance Plan Purpose of Assignment For this task, Traci has asked you to develop an employment law compliance plan for your chosen client. This task will help you gain a better understanding of employment laws at the city, state, or national level. It is also important for you to understand how to be compliant with the applicable laws, and what the consequences are of noncompliance. Knowing laws that are applicable to employment in various business situations is essential starting and maintaining a successful business. Lists at least 3 employment laws the client must be concerned about Includes brief summary of each law Includes consequences of noncompliance with laws Includes recommendations for compliance with identified laws The paper is no more than 1,400 words in length. Format your paper consistent with APA guidelines. Use at least two (4) references from the reading assignment, Internet articles, Electronic Reserve Readings articles, or HR journal articles to support your paper. At least one(1) in-text citation must...
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...which is known for ProPez, which is a breakthrough medication for anti-diabetes. The company does not have the abilities to produce globally, and CadMex is attempting to negotiate a partnership. Some issues to consider in resolving disputes in international transactions would be selection of local counsel, understanding of unique aspects of local law, conduction due diligence, effective tax and other structuring issues, competition law issues, purchase price issues, choice of law/dispute resolutions, master/local agreements, language and cultural issues, and managing the task (Peter, 2014). In a world of rapid growth and expansion business have an established method of resolving disputes quickly, efficiently and constructively known as arbitration. Nickerson (2005), "Arbitration is a voluntary process of dispute resolution where a neutral third party renders a final and binding decision after each side has an opportunity to present its view." When it came to CadMex Pharma having to deal with the idea that Gentura is bound by and coincides with the laws of Candore. Gentura is more obligated to its country of residence. Very few laws of the United States will have any matter in this country. A main issue that could present itself in resolving any legal disputes is the venue for the dispute. The best solution would be International Arbitration on neutral ground with a company who is familiar with International transactions with outcomes that are binding. A binding outcome can...
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...Labor Laws and Unions Fidel Castro HRM 531 June 20, 2011 Che Guevarra Labor Laws and Unions American Airlines Background American Airlines (AA) history goes back to 1926 when a young aviator named Charles A. Lindberg started air routes to transport mail between St. Louis to Chicago. Lindberg seek the help of other aviators and expanded to other types of types of services such as transport of foods. Later on under the name of American Airways, Lindberg acquired and organized other small airlines. The small airlines were mostly independent carries and they all were branded under American Airways. Throughout the decades AA participated in the development of our current mail systems and play important parts in the American conflicts such as World War II, where AA turned their fleet to the military, Air Transport Command, to include their air crews. AA has been always been reinventing itself offering new services, keeping itself with aviation technology and by introducing new customer services. It innovated with services like magnetronic reservoir to keep track of available seats. AA was the first to offer nonstop transcontinental service and later on the first to offer coast-to-coast jet service. They also introduced a Family Plan to give discount air fares to traveling families. AA attention to customer service introduces the first flight attendant college and the AADVANTAGE travel awards program. AA was the first airline to use electronic ticketing and it was one...
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