Discuss Commercial Law and Rights of Commercial Agents to payment. On a lawful termination of their agency. As a result of the Commercial Agents (Council Directive). Mention some Rights of Commercial Agents to Payment on Lawful Termination. Refer to regulations 1993 and the extent to which the above principle. Explain the benefit to the agent and a burden to the principal.
Law Case Attributes Quality Goods Attributes of Quality of the Goods You are required to answer part A and B.
2a) Using case law explain why attributes of quality of the goods may not necessarily relate to the description of those goods?
AND
2b) Sarah and James Smith run a bed and breakfast from their home and need to buy a large capacity washing machine. They visit the local appliance store Talford’s and ask Harry the sales assistant for advice.
Law Case on Attributes of Quality of the Goods Sarah tells Harry that they need a machine that can hold up to 12kg loads. Law Case Attributes Quality Goods She further stipulates that she would like a machine that is ecologically friendly and that will be able to do a wash at 15 degrees Celsius on a quick wash cycle. Law Case Attributes Quality Goods Lastly Sarah requests that the machine have a reduced noise and vibration feature as otherwise it could disturb the guests. Law Case Attributes Quality Goods Harry recommends the Suds 2000 telling Sarah and James that is can meet all their needs and more Law
After using the machine for two weeks it transpires that the machine cannot get stains out at 15 degrees Celsius unless it is on an extended wash cycle. Law Case Attributes Quality Goods Further the machine makes so much noise that guests begin to complain and Sarah ruins several linens as the machine can only hold up to 9kgs.
She telephones the customer services at Telford’s department store to demand a refund however is told that a refund, exchange or any other remedy is not possible as her contract of sale excludes liability for any defects relating to the quality and condition of the goods.
Advise Sarah
Contract Law Task in the United Kingdom Need someone to help me with my Contract Law task. Need help with the below questions. Complete Details for the task will be provided to the chosen candidate.
Question 1
The rules on formation of contract are often challenged but remain inflexible to ensure
consistency. Discuss whether you agree with this statement. Use case law to support your
argument.
Elaine visits her local hairdressing salon, Expressions Ltd. On arrival her coat is taken by the
receptionist and she is asked to sign a piece of paper. Elaine asks what she is signing as she has
left her glasses at home. The receptionist says that it is just a receipt so they can tell which coat is hers when she leaves. Contract Law Task in the United Kingdom
The stylist who cuts Elaine’s hair accidentally cuts her ear causing it to bleed profusely. The
highlighting solution the stylist uses burns Elaine’s scalp and actually causes clumps of Elaine’s
hair to fall out.
Elaine complains to the manager saying she will take legal action, but the manager points to a sign
behind the door of the salon which reads: “Expressions Ltd take no responsibility for injuries our
customers sustain whilst on the premises.” Elaine is also shocked to find that her coat has gone
missing. Contract Law Task in the United Kingdom
The manager directs her to another notice printed on the back of the piece of paper Elaine has
signed which reads: “No responsibility is taken for loss of customer’s belongings left anywhere on
the premises.”
Advise Elaine of any contractual claim she may have against Expressions Limited. Your answer
should make reference to decided case law and statute.
Outline the law relating to the calculation of damages in contract and briefly discuss how this
law would apply to any claim that Elaine may have against Expressions Limited. How fair are
these rules to both claimant and defendant?
Legal Aspects of Business Decisions Scenario
For several decades, MBI, a multi-national corporation, has manufactured military tanks at several of its branches around the world.
One of those branches in Country C sells its tanks both to the army of Country C and the army of Country D. MBI does not have a branch in Country D. After delivering several hundred tanks to Country D, that country has refused to pay for them, complaining that they were defective. (It has nonetheless deployed them as its frontline battle tanks.) MBI sued Country D in the courts of Country D. The courts of Country D dismissed a breach of contract action brought by the MBI several months ago.
The rationale for the Court’s decision is that that the army is immune from suit in its courts. Can MBI bring suit in a Country C court? Is legally and ethically prudent for MBI to do so? There are numerous problems in dealing with the military establishment of foreign countries. Describe in detail what some of the problems that US businesses encounter when they manufacture and sell military equipment to foreign military agents?
Read each assessment listed below. Your response should address each assessment separately in order to move the conversation forward. Ensure the mastery of the concept as well as critical thinking. In your opinion, do not simply state that it is a good or bad idea; elaborate on your reasons and argument. Include enough detail to substantiate your thinking as well as your position.
Since MBI has a branch in Country C it can bring suit in a country C court. If MBI brings a suit in country C the court will apply the legal system with the closest link or relationship to the contract or the subject of the dispute. If MBI can establish in the court at country C that it has supplied the tanks to country D and even though they were defective have been deployed as a frontline battle tanks, the court in country C may award a remedy to MBI. One remedy can be that as specific performance, MBI should rectify the defect in the tank and then receive payment from the Government of D. Another remedy is that the court in country C may decide is that Country D should make a deduction for the defects and pay MBI the rest of the money. Therefore, the court in country C can apply the law of country D and hold that since the army is immune from suits in its courts, the case be dismissed.
It is lawfully and morally sensible for MBI to do so. Since MBI has a branch in country C it can approach the courts in that country.
From an ethical perspective it is the duty of MBI to realize its payment from country D through available legal means. If the court in country C has jurisdiction over international contracts, the case will be admitted for hearing. Also from consequential ethics, if MBI does not file a suit in country C and it loses its money on several hundred tanks it has sold to country D, the consequences can be disastrous. The financial loss may be so high that MBI may have to close down its operations. Legally, if the choice of law and choice of forum has not been mentioned in the contract between MBI and country D, MBI can choose the law and forum that it feels will be favorable to it. In this context if MBI feels that country C will be a favorable forum to it, it may decide to file a suit in country C court.
There are several problems in dealing with military establishments of foreign countries. The first problem is that the terms and conditions of supply are different in each country. For example, if the supply does not conform to a standard no payment will be made for the supplies. The second problem is that every country has different standard for military supplies. These standards are confusing to foreign suppliers and lead to conflicts and delays in payments. For example, a military buyer may deduct 20% of the payment for not confirming with one standard. Such a deduction can mean a severe financial loss to the foreign supplier (American Law in a Global Context). Fourth, there are requirements that the supplies have to be delivered to specific locations. These locations are difficult to access for foreigners. Finally, there are laws and regulations that favor the military; this makes it very difficult to enforce contracts or agreements.
There are many troubles that US companies come across or run into when they produce or make and put up for sale military equipment. One thing to consider is the fact that specifications are different to foreign military agents. The final customer has a different understanding of the specifications that the US businesses have. The goods supplied by US businesses are rejected on grounds of specifications. The second problem is that of realizing payments from military agents. These agents do not open irrevocable confirmed letter of credits in favor of US businessmen. The US businesses have to send invoices and wait for payment. The third problem is that a “defect” which may simply mean a slight difference in specifications may lead to drastic cuts in payments made to US businesses. The fourth problem is that a foreign military agent may give false credentials and can actually be representing an enemy country or even a terrorist organization.
Legal Studies on Landlord and Tenant Act 1988 Coursework Brief
You are required to provide several paragraphs, suitably referenced to texts, case law and Statute in response to each of the following two problem
questions:
1) If you were presented with a document how would you determine whether it was a lease or a licence?
2) What was intended to be the main aim of the Landlord and Tenant Act 1988.
Then
3) Explain with practical examples when a contract arises under English law
Questions 1 and 2 account for 25% of the total marks for this piece of work, question 3 the balance.
Analytical Firm Decision based on Business Law Case study is provided via attachment and within the text below. Please provide a very in-depth, analytical response with a firm decision backing up with
details from business law material.
Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does
business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where
they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive
a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be
replaced. Because of Knarles' long-term relationships with building owners, these contracts that were once in writing are generally renewed without a new written agreement.
Often Knarles and Barkley will replace outdated and broken equipment such as water heaters and boilers that are part of a building & apos;s heating system. Further, as part of maintenance they regularly wash windows, remove snow and do touch-up painting as required.
Knarles and Barkley have four full-time employees. One of the employees is a licensed plumber in the District of Columbia. His yearly license renewal is paid
by the firm as part of an employment agreement that was negotiated four years ago. That agreement was in writing and was for a period of two years. It was
the second such agreement entered into between said employee and Knarles and Barkley. The license, through inadvertence on the part of Barkley, was not
renewed this year. In the past Knarles had taken care of this, but he had assigned this duty to his son so he might gain experience in what was involved in
the license renewal process.
While Knarles is away in Hawaii at a “green facilities maintenance trade show,” Barkley is approached by a building owner, Ian Chetum, in northern Virginia
who has heard of their excellent reputation. Barkley sends Chetum a standard agreement signed by Barkley. Chetum signs it and returns it to Barkley with a
check for the first month.
Chetum has an immediate need for the services of Knarles and Barkley as it is the middle of February and his building is without heat. Barkley sends the
plumber and another worker to Chetum’s building. While inspecting the non-operating boiler at Chetum’s building, the plumber notices that the boiler is one
that has been recalled by the manufacturer, Housewarm, because of a defect that does not allow all the carbon monoxide produced by the boiler to vent
properly. This boiler was purchased by Chetum at a salvage yard and replaced another non-operating boiler. Further, the boiler has been improperly installed, according to the plumber. The plumber notifies Barkley of the problems with the boiler and Barkley immediately notifies Chetum. Chetum tells Barkley that he does not want to purchase a new boiler. He asks if the existing boiler can be fixed to get through the winter months. Barkley calls his plumber who is still at the Chetum site and asks the plumber about a quick fix for the winter. The plumber tells Barkley he would not recommend the quick fix for the winter as
this boiler is defective and has been recalled. He also tells Barkley: “You’re the boss and I can get it to work if you really want me to.” Barkley replies:
“I don’t want you to fix it, the client does. He is the customer and this business has been built on customer service.” Barkley calls Chetum again and relays
what his man on the site has said. Chetum replies: “Fix It.”
Knarles returns from his conference shortly after the fix on the boiler has taken place. He reads in the Washington Post on the first morning after his
return that a number of residents in a building in northern Virginia had become sickened and admitted to the hospital for observation. It appeared that they
were suffering from the effects of exposure to carbon monoxide. These people all lived in the Chetum building. While at lunch that day in a restaurant with
his son and other members of the building maintenance community, he tells all about what he read in the Post and says: “Thank God we don’t deal with that jerk Chetum. He is the shadiest operator in this region and would shoot his mother for a buck. What a crook!” One of the people at lunch, Joe Stucko, says:
“I agree with you. Chetum stole my plans for converting old HVAC systems to new ones. I should sue him for stealing my ideas.”
Knarles later learns from his son of the agreement that he entered into with Chetum on behalf of the firm. Knarles calls Chetum and tells him he wants no
part of the agreement and tells him he will messenger a check over to his office minus the charge for the work already completed by the plumber. Chetum sues
for breach of contract.
What legal issues are raised by this case? Please be creative in your thinking. Remember that the issues that can be addressed deal with jurisdiction, torts
and crimes, contract formation, remedies, sales contracts, and agency. Address these issues in paragraph form calling on what you have studied in the text
and any outside sources. Be sure to cite your sources.
The Legal Battle of Aereo to Distribute TV Programs Contrast the new way proposed by Viacom and Sony with the traditional cable distribution and the dispute between CBS and Time Warner Cable.
And what about the legal battle of Aereo to distribute programs over an antenna and the Internet?
Analyze each distribution mode, their pro, and cons.
Then, in your opinion, what will be the way we watch TV in a few years time? Aereo made an all-or-nothing bet. The digital start-up threatened to upend the media industry and transform the way people watch television. It likely will end up with nothing.
Elements of a Contract in Business Law Submit response in essay format for the following scenario.
1. One night, Bob was leaving his health club, but his car wouldn’t start.
Bob asked Ted, an acquaintance at the health club for a ride home. Even though it
was 50 miles out of his way, Ted agreed and was glad to do give Bob a ride. When they arrived at Bob’s house, Bob expressed his gratitude to Ted, saying
“Thanks for the ride. Next time I see you at the club, I’ll give you $100.” The following week, Ted saw Bob at the Club and asked for his $100. Bob told him
that he wouldn’t give Ted $100. Using the elements of a contract
a) Discuss and analyze whether Bob is legally bound to pay Ted $100. You must identify and discuss each element of a valid contract separately.
2. Betty is a 12-year-old girl. Betty has a doll collection worth about $100. One problem: Betty hates dolls, but she loves baseball. Betty visited the local sporting goods store nearly every week. She had been eying this new bat, and glove. But she didn’t have any money. Betty offered the owner her doll
collection. The deal was struck: The next day Betty loaded up her wagon with the dolls, hitched it to the back of her bike and brought the dolls to the
sporting goods store. The owner gave her the bat, ball and glove, which, in all, were worth about $100. When Betty’ father found out about the transaction,
he was furious.
a. Discuss and explain whether Betty gets out of this contract? You must analyze each element of a valid contract in your discussion along with any
exceptions.
b. Assume that Betty traded the dolls for shoes and clothes because hers were worn out and her father lost her job and couldn’t afford to buy them for her.
Discuss and explain whether Betty can get out of the contract in these circumstances. You must analyze each element of a valid contract in your discussion
along with any exceptions.
3. Dan hired Jen to mow his lawn every week for the next 2 years at $30 per cut. Jen agreed but asked Dan to pay her friend, Ethel, instead, because she owed
Ethel money.
a. Analyze whether Ethel an intended beneficiary of the contract? You must explain who or what is an intended beneficiary in your analysis.
b. Discuss whether the contract between Dan and Jen must be in writing? Your analysis must provide the basis for your conclusion based on the law.
4. Bill contracted with Jill to purchase the property from Jill for $150,000. Bill gave Jill a $30,000 deposit. Two weeks later, Bill informed Jill that he would
not purchase the property and asked for the $30,000 back. Jill refused to return the money.
a) Discuss and explain whether Bill is entitled to the $30,000 or can Jill keep it. Provide the basis for your response based on the rule of law.
1. Must be submitted in APA form (title page, the body of the paper, reference page).
2. Must be typewritten in Times New Roman or Arial 12-point font, double-spaced, and with 1-inch margins;
3. The assignment should be 3-4 pages (not including the title page and reference list);
4. Each question must include at least three scholarly sources (not including the textbook);
5. Must cite sources according to proper APA formatting guidelines;
6. Must have headings for each question, e.g., Question 1, Question 2, etc.; and
7. The assignment should be submitted as a single attachment (do not submit four separate attachments).
Current Business law Regarding Audit Negligence Please write this essay according to my lecture notes. All the rules must according to the lecture note.
Discuss the above statement under the following areas-
1. Policy
3 Australian case examples that have been decided in the year 2000 or later. Choose at least 1 case that is not listed in the textbook. Explain the legal
rules the court applied and the main reasons for the court’s decision for each chosen case.
3. Explain how the current law regarding the negligence of auditors differs to the general principles of negligence set out in Donoghue v Stevenson [1932] AC
562.
the current law? Explain why.
Business law Essay
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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:
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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
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