Business law Essay
Order Instructions:
Assignment requested deadline November 2; NLT 7pm. Please read below for information concerning assignment. Support responses with examples and use APA formatting in the paper. You may access the school’s website by logging into:
https://mycampus.southuniversity.edu/portal/server.pt
Please note that when you log into the website you must click launch class, and on the next screen click syllabus to view this week’s readings (week 5) and Academic Resources to access the school’s library.
To support your work, use the textbook, lectures and scholarly outside sources. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
Below is feedback by professor from previous assignments, please apply.
Would like to have seen a stronger use of case law, examples, and statutory authority woven into the written paper.
Please make sure to include robust analysis with specific legal examples and legal authority.
Would like to see a stronger use of content related professional vocabulary
Select TWO of the following scenarios and answer the question presented.
Scenario 2
Holmes Construction Company (Holmes) hired Luke as the Materials Manager. Luke was authorized to enter into contracts to purchase materials for Holmes. On many occasions, Luke contracted to purchase plumbing supplies from FloTec Industries. Because of a downturn in the economy, Holmes terminated Luke’s employment on November 30. On December 9, Luke contacted FloTec to purchase materials on behalf of Holmes; however, Luke provided a new delivery address, accepted delivery and wrongfully kept the materials. FloTec was not aware that Holmes terminated Luke. On December 15, Holmes provided written notice to FloTec Industries that Luke had been terminated.
a. When was Luke’s express authority to act for Holmes effectively terminated?
b. Did Luke have authority to enter into the contract with FloTec on December 9? If so, what type of authority did he have?
c. Is Holmes obligated to perform the December 9th contract?
d. What should Holmes have done differently?
Please provide specific legal support for each of your responses.
Scenario 3
Azteca Industries hired virtually all of its employees from Fairview High School, which was primarily Hispanic in its racial makeup. Accordingly, there were virtually no non-Hispanic employees employed by Azteca Industries. The work that these employees performed was work that any reasonably capable high school graduate could do. When organizations representing non-Hispanic individuals questioned the policy, the Director of Human Resources indicated that Fairview High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school. There was no evidence that there was any plan or intention to discriminate against non-Hispanics. Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.
Please rely upon Title VII and applicable case law to support your responses.
SAMPLE ANSWER
Scenario 2
When was Luke’s express authority to act for Holmes effectively terminated?
Based on the Holmes Company, Luke’s contract was terminated on the 9th of December; hence Luke had no authority to transact any business on the behalf of the company (Smith, 2012). However, the fact that Holmes had terminated Luke’s contract did not in any way prevent him from making transactions on behalf of the company to third parties except through written communication. The Express authority for Luke to act for Holmes was effectively terminated on the 15th of December. An express authority is a binding type of authority that is expressly granted in writing. Therefore, Holmes could have written an express of authority to help FloTec indicating that Luke’s contract had been terminated.
Did Luke have authority to enter into the contract with FloTec on December 9? If so, what type of authority did he have?
Yes, the apparent authority. This form of authority involves the actions of an agent in dealing with a third party. In this scenario, Luke could have used apparent authority to transact with FloTech. Since with apparent authority, it gives Luke the permission to implied or express, to have a binding contract with FloTech. Nonetheless, Flotech’s ignorance when it comes to Luke’s actions could not have prevented the deal from taking place (Beavers, 2015).
Is Holmes obligated to perform the December 9th contract?
Based on the Holmes Company, Luke’s contract was terminated on the 9th of December; hence Luke had no authority to transact any business on the behalf of the company. However, the fact that Holmes had terminated Luke’s contract did not in any way prevent him from making transactions on behalf of the company to third parties except through written communication.
What should Holmes have done differently?
Upon terminating Luke’s contract, Holmes should have made a public notice through newspaper telling its business associates that Luke had no authority to make transactions on behalf of the company. Moreover, Holmes should have informed its respective partners through written, indicating that Luke was no longer authorized to make any transactions on behalf of the company (Feuer, 2015).
Scenario 3
Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.
By employing only Hispanic, Azteca Industries had violated against Title VII of the Civil Rights Act of 1964. In reality, Tittle VII outlaws any manner of discrimination when it comes to employment opportunities that are pegged on race, skin color, religious affiliation, gender or place of origin. The United States Equal Employment Opportunity Commission (EEOC) has the obligation to ensure that all these laws are implemented. In short, Azteca Industries is liable for prosecution (Aiken, Salmon & Hanges, 2013).
References
Aiken, J. R., Salmon, E. D., & Hanges, P. J. (2013). The origins and legacy of the civil rights act of 1964. Journal of Business and Psychology, 28(4), 383-399. doi: http://dx.doi.org/10.1007/s10869-013-9291-z
Beavers, J. A. (2015). Extension OK where individual had apparent authority to sign it. The Tax Adviser, 46(10), 795-796. Retrieved from http://search.proquest.com/docview/1720972380?accountid=45049
Feuer, A. (2015). When may an agent act on behalf of an ERISA plan participant or beneficiary?*. Journal of Pension Planning and Compliance, 41(1), 1-27. Retrieved from http://search.proquest.com/docview/1652331165?accountid=45049
Smith, D. (2012). MUST THE LAW BE CAPABLE OF POSSESSING AUTHORITY? Legal Theory, 18(1), 69-100. doi: http://dx.doi.org/10.1017/S1352325211000267
We can write this or a similar paper for you! Simply fill the order form!
