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 4) 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.
The discussion assignment provides a forum for discussing relevant topics for this week based on the course competencies covered. 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. Post the answers to both parts in one discussion post and do not attach documents.
Select TWO of the following scenarios and answer the question presented.
Scenario 1
Mario took his laptop to Oakhurst Electronics for repairs. Oakhurst repaired the laptop at a cost of $200 and told Mario that his computer was ready for pick up. Before Mario came to pick up the computer, Oakhurst was burglarized and Mario’s computer was stolen. Oakhurst used an alarm system that was working properly and all of the doors and windows were properly secured. Mario sued Oakhurst for the cost of the laptop. Oakhurst denied liability and counterclaimed for the $200 in repairs. What are the arguments for each party? Decide which party should win and provide support for your answers with the applicable law and/or text material.
Scenario 3
Gordon rented an apartment in a relatively safe neighborhood in Savannah. The door to Gordon’s apartment had two locks, and one of the locks was a deadbolt designed to prevent burglaries. When Gordon left for work, he engaged both locks; however, when he returned that evening, Gordon discovered that someone had broken into the apartment by forcibly breaking the locks. Gordon incurred a loss of almost $5,000 from property taken by the burglar. Gordon contacted the manager of the apartments who had the locks repaired. The repairs were not entirely successful, because on some occasions the locks did not operate properly. The faulty repair allowed the door to be easily opened whenever someone pushed against the door. Gordon complained about the locks on numerous occasions, but the manager did not take any action. A month after the repair, a burglar again broke into Gordon’s apartment, stealing the brand new items he had replaced from the previous burglary. This time, there was no breaking of the locks. The evidence was that the locks were not working properly at the time of the burglary. Gordon sued the owner for the losses from the two burglaries. What are the arguments for each party? Decide which party should win and provide support for your answer with the
Below is feedback by a 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 a robust analysis with specific legal examples and legal authority.
Would like to see a stronger use of content related professional vocabulary
Bailment and the Property or Contract Interface Sample Answer
Scenario 1
Mario would argue that Oakhurst Electronics violated the duty of care as specified in the bailment contract. As such, Mario could claim that, as the custodian, Oakhurst Electronics had the duty of reasonable care, meaning that the repairer was supposed to keep his laptop safe and return it once the repair was facilitated. This duty was defined in Coggs v Bernard. However, the latter violated this obligation, meaning that the agency was liable to Mario (Newman, 2015). Oakhurst Electronics, however, would argue that the company took reasonable care by trying to mitigate the loss of the laptop. He would support this claim by stating that he had a working alarm system in place and that he had duly secured doors and windows. Nonetheless, the court would probably rule for Mario (Newman, 2015). The institution would argue that, while there was sufficient security system, it did not operate that particular day. Thus, Oakhurst Electronics was grossly negligent.
Scenario 3
This scenario concerns the tenancy agreement contract. Based on the facts of the case, Gordon would argue that manager neglected his duty to ensure the safety of the apartment by not confirming the quality of the repairs. Similarly, the tenant might claim that the manager failed to respond to his repair notice appropriately (Collins, 2014). Thus, the incidence of negligence was the proximate cause of the robberies. In the light of this, Gordon would purport that the manager was liable for the damages. The manager, on his part, would claim that Gordon, as a tenant, also had the duty to mitigate the losses by keeping his valuable items safely. Nonetheless, based on the law of tenancy, it is perceptible that Gordon’s argument holds material (Collins, 2014). The landlord or his/her representative must ensure the security of the apartment in the first place before expecting the tenant to safeguard his or her items.
Bailment and the Property or Contract Interface References
Collins, H. (2014). Life Time Contracts: Social Long-term Contracts in Labour, Tenancy and Consumer Credit Law. European Review of Contract Law, 10(3), 466-472.
Newman, C. M. (2015). Bailment and the Property/Contract Interface. George Mason Legal Studies Research Paper No. LS, 15-12.
Assignment requested deadline October 15NLT 8pm. 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 2) and Academic Resources to access the school’s library.
Case Study 2
Danny was looking for a birthday gift for his father, Frank. Frank loved cigars; however, Danny was a nonsmoker. While Danny was looking around the Butt Hutt, a local cigarette and cigar store, the owner suggest Danny try a new cigar, imported from Jamaica. The owner stated that the new cigar is just like Cuban cigars. After some hesitancy, Danny lit one up. The cigar had a surprisingly aromatic smell and took seven or eight minutes to consume. Danny purchased a box of the cigars and gave them to his father on his birthday. When Frank smoked one of the cigars, it gave off a bitter obnoxious smell and was consumed in less than four minutes. When Danny saw this, he was upset and asked his father to try another cigar. The same situation was repeated with offensive smell and the cigar burning down very quickly like a cigarette.
After Danny tried unsuccessfully to return the cigars for a refund, he filed a small claims court action against the Butt Hutt. The case was based on the failure of the purchased cigars to conform to the sample, breach of the implied warranty of merchantability, and the misleading statement “just like the Cuban cigars.” Discuss the probable outcome of the case using the Common Law of Contracts and/or the UCC to support your decision.
Case Study 3
Jefferson and Marcy Darcy contracted to purchase one 85” television from Bundy Electronics, a large retailer for appliances and electronics. Bundy agreed to deliver the television to Darcy’s home. On the way to Darcy’s house, the delivery truck, subcontracted by Bundy, was hit by another truck and all of the contents were destroyed. Who bears the risk of loss? What is the status of the contract? What if there is no visible damage to the television when it is delivered to Darcy’s? Please be sure to answer thoroughly and completely, citing to the appropriate UCC provision(s) to support your response.
Support responses with examples and use APA formatting in the paper. Submit your document to the W2 Assignment 2 Dropbox by Saturday, October 15, 2016.
Assignment 2 Grading Criteria Maximum Points
Answered one case study, analyzing the facts and provided well-reasoned answers that reflect an understanding of course material. Supported the response with appropriate cases, laws and/or other relevant examples. 20
Answered a second case study, analyzing the facts and provided well-reasoned answers that reflect an understanding of course material. Supported the response with appropriate cases, laws and/or other relevant examples. 20
Used correct spelling, grammar, punctuation and professional vocabulary. 5
Presented the paper in APA format and properly cited sources using APA. 5
Total: 50
SAMPLE ANSWER
Common Law of Contracts
Case Study 1
The uniform commercial code (UCC) refers to one of the many regulations that have been formulated in a bid to harmonize the sales processes and commercial transactions throughout the United States (Klass, 2010). All the 50 states in the nation, the District of Columbia and all the US territories have adopted this law. While searching for a gift for his father’s birthday, Danny ventured into the Butt Hutt, a cigar shop, because his father loved cigarettes. The store owner claimed that the new brand of cigarettes he had pointed out were imported from Jamaica and upon testing one cigarette, Danny was satisfied and this led to his acceptance of the contract. Regardless, when his father smoked the first and second cigarettes, he produced an offensive smell and consumed him in less than four minutes. Returning the product to the shop yielded no results forcing him to sue the shop. Following this case study, it is evident that the store went against the Common Law of Contracts, particularly the good faith law.
This aspect of the Common Law of Contracts implies that all the parties involved in an agreement should deal with pure honesty, fairness, and good faith (Klass, 2010). The good faith law ensures that one party should not interfere with the other’s right to gain the benefits of the contract. Faith is abstract in nature and includes a sincere belief that lacks any malice or intentions to defraud others. In the case presented, the shop owner told Danny that the brand of cigars is imported from Jamaica which was a misrepresentation on his part. To add to the lie, the shop owner compared the brand to the original Cuban cigars confusing the young man who did not even know how a cigar tastes like. The lies projected by the shop owner painted a wrong image of the product leading to lawsuits. The good faith requirement desires that honesty is upheld which was the missing factor in the formation and execution of the contract leading to its breach (Klass, 2010).
Case study 2
Upon entering a partnership, Jefferson and Marcy decided to purchase a television from Bundy Electronics where they have joint and several liability. The seller is a large retailer who sells electrical appliances and electronics throughout the country. The conditions of the contract is that the product is to be paid for when it arrives. However, after the contract was agreed on, the supplying truck had an accident and the goods were damaged beyond repair. According to the UCC’s codes protecting the contract, the seller, that is Bundy Electronics, would assume the loss of the product until the proxy arrives at the desired destination (Cabrelli, 2016). In other words, if the television had reached the destination and is damaged, then Marcy and Jefferson would assume the loss. In this sense, the contract becomes void because the buyers did not gain physical possession of the television.
This article is activated when the contract is breached like I this case the truck got an accident, and the product got damaged. Considering the possibility that the television did not incur any damage while it was en route, the seller would then not assume the loss. This is because the product would have reached the buyers, who are Marcy and Jefferson. Taking physical possession of goods would imply that the contract would have been completed (Cabrelli, 2016). No physical damage to the product would not put the seller in a disadvantaged position even if the truck that was delivering it was involved in the loss. The contract would therefore still be viable. This is in conjunction with Article 2 of the Common Law of Contracts which covers not only the sales but also the repudiation of a contract (Cabrelli, 2016).
Reference
Cabrelli, D. (2016). Liability and Remedies for Breach of the Contract of Employment at Common Law: Some Recent Developments. Industrial Law Journal, 45(2), 207-219.
Klass, G. (2010). Contract law in the USA. Austin [Tex.: Wolters Kluwer Law & Business.
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Application of Business Law in Partnership Formation Order Instructions: Please read below for information concerning assignment. Support responses with examples and use APA formatting in the paper.
Application of Business Law in Partnership Formation
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 1) and Academic Resources to access the school’s library.
The discussion assignment provides a forum for discussing relevant topics for this week based on the course competencies covered. 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. Post the answers to both parts in one discussion post and do not attach documents.
The discussion assignment consists of two parts. Select one of the two questions for Part 1 and answer
Select TWO of the three case studies. Post your document to the W1: Assignment 3 Dropbox by Saturday, October 8, 2016. It is not necessary to copy the case study into the paper. Label the beginning of each case study with the number you selected (Case Study 1). Cite your sources in APA format on a separate page.
Application of Business Law in Partnership Formation Case Study 1
Blanche, Rose, and Dorothy formed a partnership, Retirement Living, to provide temporary housing for elderly people in the Miami area. One of the temporary residents set fire to the house, which resulted in the loss of the entire building and contents. One of the residents, Sophia, sued Retirement Living and obtained a judgment of $ 50,000 against it, but the partnership could not pay the judgment.
1. What are Sophia’s options if the Retirement Living partnership cannot pay the $50,000?
2. Will Sophia win if she tries to collect the entire debt from Blanche?
3. What are Blanche’s options if Sophia sues her for the entire debt?
Analyze the case studies, respond to each of the three questions, and support your responses with the applicable law and/or text materials.
Application of Business Law in Partnership Formation Case Study 2
McCoy, Spock, and Kirk are interested in going into business together. McCoy inherited a great deal of money from his friend, Scotty. Spock is an award-winning salesman with a marketing degree from State University and worked for five years as a senior sales manager in a large automobile manufacturing corporation. Kirk is an engineer who has developed a vehicle that will, according to him, “allow people to boldly go where no man has gone before.” Kirk, Spock, and McCoy believe a general partnership is the best form of business for the trio. Do you agree? Provide the advantages and disadvantages of their selection and then discuss two other options that might be more appropriate for the group. Conclude your paper by making a recommendation for the most appropriate choice. Support your answer with the applicable law and/or text material.
Application of Business Law in Partnership Formation Case Study 3
The Conners family operates a small transportation service for the elderly to take them to doctor’s appointments, grocery shopping, and other errands. The three (3) adult members of the Conners family, Dan, Roseanne, and Jackie, would like to become a corporation and obtain limited liability; however, taxation at the corporate level would be very costly for them. If possible, Roseanne would rather be taxed as a partnership. Dan is worried about the additional paperwork and meetings that incorporation would surely bring. Jackie does not want a large board of directors to be formed. Jackie fears that the board would somehow detract from the family goals and orientation the business has always enjoyed. In light of these concerns, is there a corporate form or other types of business organization that would better suit the Conners family? Explain the options, select the best option for the Conners and justify your selection with the applicable law and/or text materials.
Support responses with examples, the law, and/or text materials, and use APA formatting in the paper. Name your document SU_BUS2038_W1_A3_LastName_FirstInitial.doc. Submit your document to theW1 Assignment 3 Dropbox by Saturday, October 8, 2016.
Assignment 3 Grading Criteria Maximum Points
Answered one case study, analyzing the facts and provided well-reasoned answers that reflect an understanding of course material. Supported the response with appropriate cases, laws and/or other relevant examples. 20
Answered a second case study, analyzing the facts and provided well-reasoned answers that reflect an understanding of course material. Supported the response with appropriate cases, laws and/or other relevant examples. 20
Used correct spelling, grammar, punctuation and professional vocabulary. 5
Presented the paper in APA format and properly cited sources using APA. 5
Total: 50
Application of Business Law in Partnership Formation Sample Answer
Case study two
The suggestion to establish a partnership type of business formation consisting of McCoy, Speck, and Kirk is a good one. This is because the three can pull their resources and work together to achieve their business goals. Moreover, each of them has unique features which they will bring into the business. For instance, McCoy has money which they can use to fund their business activities; Spock has the necessary marketing skills which will allow their partners to sell their products. Lastly, Kirk brings them a unique product that they will be selling. Therefore, I feel that a partnership is an excellent idea for them.
Forming partnership by the three partners will be advantageous for them as it is simple to establish. Moreover, it will be less involving for them to change their legal structures in the future if the market in which they are operating changes (Twomey, 2017). Since each one of them comes from a unique professional background, a partnership will offer them a chance to carry out their personal business affairs in private. Lastly, they will be able to split their income, a fact that will significantly enhance their tax savings (Twomey, 2017). Since each one of them comes from a unique professional background, a partnership will offer. However, on the lower side, the three will be fully liable for the debts of the business, there will also be a risk of conflicts or disagreements between them and in case any one of them leaves, they will be forced to value the partnership’s assets, a practice that can be costly.
There are also other types of business formation apart from the partnership as explained by Twomey, (2017). Since each one of them comes from a unique professional background, a partnership will offer. This includes limited liability companies and cooperations. Limited liability companies are known to provide their owners with protection from business debts. This means that the debts of business are separate from an individual’s. Often, their profits flow through the company to the members who also have to decide if they would like to be taxed as a partnership or cooperation. Cooperation’s also offered limited liability protection to their members. However, they retain losses and profits at the cooperate level and are double taxed. Earning is in the form of dividends to shareholders.
Personally, I feel that a limited liability company will be more appropriate for McCoy, Speck, and Kirk. This is because they will be protected from their business’s debts and also will have a chance to bring in individuals with skills in the management information of employees. This is because both the three of them have limited knowledge regarding management.
Case study three.
There are three business formations that Dan, Roseanne, and Jackie can form. These are partnerships, limited liability Company, and cooperation. However, from their concerns, they are not comfortable with cooperation. This means that they are left with the option of forming a partnership or a limited liability company.
A partnership refers to a business formation that does not have any legal documents filed with the state. The running of the formation depends on an agreement between the forming parties or members. There is no legal formation and partners are responsible for the debts of the business (Twomey, 2017). Since each one of them comes from a unique professional background, a partnership will offer. On the other hand, a Limited liability company provides their owners with protection from company debts. This means that the debts of the business are separate from an individual. Often, their profits flow through the company to the members who also have to decide if they would like to be taxed as a partnership or cooperation.
Regarding the concerns of Dan, Roseanne, and Jackie, a limited liability company will be more suitable for them. This is because it gives an allowance for each one of them to address their concerns. For instance, Roseanne’s concerns about high taxation will be sorted by the fact that a limited liability company requires their owners to choose how they want to be taxed. In this case, they can file a partnership tax return and be taxed as a partnership. Dan ‘s concern of the paperwork will be limited by the fact that the business will not be in association with many regulatory authorities which requires constant updating. Lastly, Jackie’s dislike for many board members will be catered for by the fact that this type of formation (LLC) requires a minimum of two directors (Twomey, 2017).). Since each one of them comes from a unique professional background, a partnership will offer). Therefore, the three founding members will be the only directors unless they chose to add another person.
Application of Business Law in Partnership Formation References
EmploymentContract Compliant under Title VII Order Instructions: discussing the following hypothetical: John is one of the best parcel delivery employees where you are the direct employer of John.
Employment Contract Compliant under Title VII
Under his employment contract, it is John’s duty to deliver packages on the east side of town on Mondays, Wednesdays, and Fridays. John, who has never been a religious person suddenly becomes devoutly religious and joins a highly respected religious group.
John notifies you suddenly that it is against his religion to deliver packages on the east side of town on Mondays, Wednesdays, and Fridays and therefore would be unable to do so. John then proceeds to notify you that his religious objection is protected under Title VII, The Civil Rights Act of 1964.
You also realize that if John refuses to discharge is his employment duties on the grounds that it violates his religious beliefs that it would cause an undue hardship for the company and risk losing some very valuable accounts.
As the company owner, what actions would you take in order to be sure that you are compliant under Title VII, The Civil Rights Act of 1964, yet ensure that packages are delivered on the side of town on Mondays, Wednesdays, and Fridays? Discuss.
Be sure that you present a thorough analysis discussing the rights of the employee and employer under Title VII, The Civil Rights Act of 1964. Whatever your position on the hypothetical; be sure that you support your thoughts and ideas with adequate research as evidenced by in-text citation in accordance with APA standards.
Employment Contract Compliant under Title VII Sample Answer
Compliant under Title VII
Under Title VII of the Civil Rights Act, a worker who has religious restrictions which prevent that worker from carrying out particular tasks at the workplace can request religious accommodation from her/his employer. Even so, the request for religious accommodation has to be reasonable (Houseman, 2011). An undue hardship allows employers to avoid providing their employees with religious accommodations. In this paper, the actions that I would take as the employer so as to ensure that the firm remains compliant under Title VII of the Civil Rights Act of 1964 is described exhaustively.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 basically makes illegal employment discrimination on grounds of national origin, gender, religion, color or race. It is a federal law that applies to all employers who have a workforce of at least fifteen workers and includes local, state as well as federal governments. This law also applies to public and private universities and colleges, employers, labor organizations, and even employment agencies (Froiland, 2013). It is worth mentioning that this law disallows discrimination in any respect of employment, which includes the following: testing; job advertisements; firing and hiring; fringe benefits; transfer, layoff, recall or promotion; training and apprenticeship programs; compensation, classification or assignment of employees; use of company facilities; as well as pay, disability leave and retirement plans. In essence, Title VII does not just disallow deliberate discrimination, it also prohibits unbiased job policies which disproportionately affect individuals of a particular color, ethnicity or race, and which do not relate to the job as well as the business needs (Bennet-Alexander & Hartman, 2012). It is important that an employer adopts best practices in order to minimize the chances of discrimination.
Under Title VII, every aspect of religious observance, belief, and practice is protected. Title VII defines religion in a very broad manner. As per this law, religion comprises not just organized and traditional religions like Buddhism, Hinduism, Islam, Judaism, and Christianity, but also religious beliefs which are uncommon, new, not subscribed to by many people, not part of a formal faction or church, or which appear unreasonable or illogical to other people. The practice and belief of an employee could be considered religious according to this law even if that worker is affiliated with a religious grouping which does not really recognize or espouse that employee’s practice or belief (Bennet-Alexander & Hartman, 2012).
Religious beliefs, as per the Equal Employment Opportunity Commission, includes theistic beliefs – that is, beliefs which include believing in God – in addition to non-theistic ethical or moral convictions regarding wrong and right which are genuinely held with the strength of established religious viewpoints (United States Department of Labour, 2016). Title VII protects job applicants or staff members from discrimination based on religion if the applicant/employee is an atheist and/or does not subscribe to a certain religious viewpoint. It is notable that religious discrimination could also entail treating a person in a different way for the reason that this individual is associated with or married to a person of a certain religion or due to that person’s connection with a particular religious group or organization (Houseman, 2011). A worker cannot be forced by his or her employer as a condition of employment not to take part or to take part in a religious activity (United States Department of Labour, 2016).
Upon notification of a request, Title VII demands organizations to reasonably accommodate their staff members whose genuinely held beliefs, observances or practices are actually in conflict with work requirements unless this religious accommodation would bring about an undue hardship (United States Department of Labour, 2016). In particular, Section 701(j) of Title VII disallows employers to fail to reasonably accommodate a worker or a prospective worker’s religious practices, except if the employer clearly shows that the religious accommodation would bring about undue hardship on the conduct of the employer’s business. Section 1605.2 of Title VII is mainly directed to obligations of labor organizations or employers – entities which are covered by Title VII (United States Department of Labour, 2016).
Religious accommodation is understood as a change to the working environment which would enable a job applicant or a staff member to practice his/her religion. Froiland (2013) pointed out that the need for accommodation arises where a person’s religious practices, observances, or beliefs conflict with an application process, a particular job, or requirement of the job post. Requests for religious accommodation usually pertain to religious expression in the place of work, work schedules, or grooming and dress. If the religious accommodation will not pose an undue hardship, then the employer will have to grant the religious accommodation (United States Department of Labour, 2016). This means that the employer cannot grant religious accommodation if it actually posses undue hardship; hence John cannot be granted religious accommodation.
Terminate the employee’s contract – simply fire John
Title VII protects an employee against employment discrimination because of the employee’s religion. Bennet-Alexander and Hartman (2012) reported that if an employee cannot work on a particular day due to his or her religious values, then the employer under Title VII has to make an effort – although the employer need not go to great expense – to accommodate the religious need of the employee instead of simply dismiss him/her. However, if the employer will have to go to great expense in order to accommodate the employee’s religious need as in the case of John, the employee can instead just fire that employee. As per his contract with the company, John is required to deliver packages on Fridays, Wednesdays, and Mondays on the east side of town. Due to his religious beliefs, however, he declines to carry out his parcel delivery task as this would infringe his religious beliefs. However, John’s failure to carry out his employment duties on Fridays, Wednesdays, and Mondays would cause an undue hardship for the business organization, and the business actually risks losing a number of extremely vital accounts. Thus the employer can fire John and hire another employee who would be able to deliver parcels on Fridays, Wednesdays, and Mondays on the east side of town.
In essence, undue hardship allows employers to avoid religious accommodations. A religious accommodation might bring about undue hardship if that religious accommodation compromises safety in the place of work, it is costly, it reduces efficiency in the place of work, violates other employees’ rights, or necessitates other workers in the company to do more than their share of possibly burdensome or hazardous work (United States Department of Labour, 2016). In addition, Bennet-Alexander and Hartman (2012) pointed out that undue hardship could be demonstrated if the religious accommodation request is in violation of job rights or a collective bargaining agreement terms created through a seniority system. It is worth mentioning that undue cost basing upon cost requires that the business organization actually show more than a de minimis – that is, negligible impact on the business of the employer – cost to the employer (United States Department of Labour, 2016).
The hardship on the business organization has to be real and should not be just speculative. Therefore, the most appropriate solution in this situation is for the employer to terminate the contract of John and hire another employee who can deliver packages on Fridays, Wednesdays, and Mondays on the east side of town. On the whole, Title VII does not allow any employer to discriminate against its staff member because of the employee’s religion unless that employer cannot reasonably accommodate the religious exercises of that particular worker without undue hardship to the employer’s business. An employer is not required under Title VII to provide religious accommodation to a staff member if this religious accommodation would impose more than the de minimis cost on the company (United States Department of Labour, 2016). Since providing religious accommodation to John would result in undue cost on the company, he would not be provided with this religious accommodation. Instead, he would be terminated.
John can file a complaint with the Equal Employment Opportunity Commission and the possible religious accommodations which would be proposed by the Equal Employment Opportunity Commission include the following: (i) transfer John to a different position; (ii) the company to create a group of substitute parcel truck drivers; and (iii) the company to excuse John from work on Fridays, Wednesdays, and Mondays and hire hourly contract parcel drivers in the place of John (United States Equal Employment Opportunity Commission, 2016). Even so, the first proposed religious accommodation is declined since it is assumed that the company reasonably believes that John would reject such a position. Moreover, the second and third possible religious accommodations are rejected as they would lead to an undue hardship on the business of the company. The company can establish an undue hardship by presenting actual dollar amounts as well as exact examples of the significant, negative impact of the proposed accommodation (the United States Equal Employment Opportunity Commission, 2016).
The first proposal is unreasonable given that it is assumed in this hypothetical situation that it is very likely that John would have refused to accept transfer to another job position at the company, for instance, the job position as a general equipment operator: the employer is not required to provide John a religious accommodation which, basing on John’s action, the employer reasonably believes that John would refuse this position. The second proposal is unreasonable primarily because if the employer excuses John from Fridays, Wednesdays, and Mondays work, then the employer would not have had the tasks done at all, have had to make other workers at the company carry out John’s work, or hire independent contractors. For this reason, excusing John from work on Fridays, Wednesdays and Mondays would, without doubt, impose more than a de minimis cost on the employer, which would lead to an undue hardship on the conduct of the employer’s business (the United States Equal Employment Opportunity Commission, 2016). It is notable that providing religious accommodation to John in this situation would bring about undue hardship to the employer since the religious accommodation would necessitate other workers in the company to do more than their share of possibly burdensome work, which entails delivering parcels on Fridays, Wednesdays, and Mondays on the east side of town.
The third proposal is also unreasonable. This is mainly because if the employer created a pool of substitute delivery truck drivers that can effectively fill-in for John on Fridays, Wednesdays, and Mondays as needed, then the employer would have had to incur costs of providing training to the substitute drivers to drive parcel trucks as well as the expenditure of adding those new truck drivers to its liability insurance policies. Consequently, this third proposal would have imposed on the employer more than a de minimis cost and undue hardship.
In essence, after a worker has notified his or her employer of his/her need for religious accommodation at the workplace in the company, the employer under Title VII has the obligation of reasonably accommodating the religious practices of that particular employee. The employer’s refusal to accommodate the employee’s religious practices is only justified if that employer proves that an undue hardship would actually be brought about by every possible alternative means of religious accommodation (United States Department of Labour, 2016). In this case, which involves John the parcel truck driver, it has been demonstrated by the employer – who is me in this case – that an undue hardship would truly stem from every possible alternative method of religious accommodation. As such, the best solution is to terminate him and employ another worker to perform John’s employment duties.
Employment Contract Compliant under Title VII Conclusion
In sum, the employer is not required under Title VII to accommodate John’s requests, which include requests for the employee to be excused from work on some days to exercise his/her religious practices, observances or beliefs, which would impose more than de minimis costs on the conduct of the employer’s organization. Since undue hardship would actually stem from every possible alternative method of religious accommodation in this situation, firing John and replacing him with a worker who can properly perform his employment duties is the most suitable solution. Even though this case involving John sheds light on the fact that there are times when it might be appropriate for an employer to reject a worker’s proposed request for religious accommodation, it is important that an employer takes care when assessing any such accommodation requests in order to establish if there is really a reasonable accommodation. Title VII places a significant burden on the employer to reasonable accommodation basing upon the employee’s religion.
Employment Contract Compliant under Title VII References
Bennet-Alexander, D. D., & Hartman, L. P. (2012). Employment law for business (6th ed). New York, NY: McGraw-Hill/Irwin.
Froiland, D. J. B. (2013). A “de minimus” cost can be enough to defeat a religious accommodation claim. Cleveland, OH: Prentice Hall.
Houseman, S. N. (2011). Flexible staffing arrangements: Anti-discrimination laws. The United States Department of Labour.
Contract Law Consideration and Case Analysis Order Instructions: Please read below for information concerning assignment.
Contract Law Consideration and Case Analysis
You may access the school’s website by logging into https://mycampus.southuniversity.edu/portal/server.pt
Part 1
Consideration
David is on his way home to Kalamazoo, Michigan, from college at Purdue to celebrate Thanksgiving with his family. David’s car has a flat tire in a snowstorm and skids into a ditch. David finds food and shelter with an elderly couple. Two days later, the snowplows cleared the road, the car is pulled out of a ditch, the tire is repaired, and David is on his way home. David’s mother, Shaina, is so appreciative of the couple’s care for her son that she sends them an email promising to pay $500. Living on a fixed income, the elderly couple accepts the offer by return email. David and his mother get into an argument and Shaina refuses to pay couple. Can the couple hold Shaina liable in contract for the services provided to David?
Part 2
Providing relevant laws and/or cases to support your post, select two of the scenarios below and discuss the status of the contract:
•Eric, a 15-year-old who looks like he is 18, enters into a two-year contract for a new iPhone 6 with Sprint. After two months, Eric is bored with the phone and cannot afford the monthly bills, so he tells Sprint that he is rescinding the contract.
•Fred promised to give his daughter, Fran, a new Jeep Liberty when she completed her degree at South University. Fran did not promise anything in return. When Fran graduated 18 months later, she asked her father to buy the car as promised. Fred purchased a used Ford Focus for Fran.
Contract Law Consideration and Case Analysis Sample Answer
Consideration: Case Analysis
In order for a contract to be considered binding legally, the aspect of consideration is necessary. This refers to a legal valuable input, whether monetary or in kind, that the parties involved will give in exchange for what is achieved in the contract.
Case 1
David and his Mother Shaina cannot be held liable for not paying compensation to the elderly couple. The act of the elderly couples was merely a volunteering act towards David and not a contract to perform. Volunteering acts have no consideration or legally binding aspects and it would not be appropriate for the couple to seek compensation. The elderly couple coming to help was based on their choice and self-will and as a duty to rescue. On the other hand, Shaina act of offering a reward or compensation for their service was out of her goodwill and appreciation. This can be considered a gift, which according to business law has no consideration and legal action cannot be taken for the same (McKendrick, 2012). She is not obligated by the law whatsoever to pay for the service that the elderly provided to her son. Moreover, paying the elderly would be jeopardizing the volunteer status. According to the duty to rescue, the elderly couple is labile to help David as a rescue measure but cannot sue David for not compensating for the service they provided. Hence, the elderly couple cannot hold Shaina or David liable for the service that the couple offered to David.
Case 2
The case between Eric and Sprint presents the case of a contract where a minor is involved. According to McKendrick (2012), such a contract where a minor is involved is voidable and the minor can withdraw at any time. This is because minors are considered as not having the mental capacity to enter into a contract. In Bowling v. Sperry, the facts of the case indicate the voidability of contracts made with minors on personal property.
In the case of Fred and Fran, Fred is not obligated to buy the new jeep promised because the legal intent in family agreements cannot be expressly established. In this case, there was no legal binding to the agreement. Furthermore, Fran did not promise anything in return. In the case of Jones v. Padavatton, the court decided that the arrangement between mother and daughter could not be considered as legally binding.
In conclusion, the law of contract provides various provisions as discussed above and each situation should be based on the legal aspects of the contract.
Contract Law Consideration and Case Analysis Reference
McKendrick, E. (2012). Contract Law: Text, Cases, and Materials. London: OUP Oxford.
INTRODUCTION TO BUSINESS LAW (200184), SPRING SEMESTER 2015
PROBLEM SOLVING ASSIGNMENT (Assessment 2)
Instructions
This document consists of three (3) pages including this page.
There are three (3) questions and all questions must be answered. This assessment task contributes 30% of your final grade. The questions are not equally weighted. This assessment task is based upon the content covered in Weeks 4 and 5 (Contract law).
Word limit: The word limit for the entire assignment is 1500 words. There is no 10% margin of error on the word limit and you may not use footnotes to get around the word limit (eg, such as by placing extra text in the footnotes – footnotes should be used for the reference only as a general rule, not for added descriptions).
Referencing style: Assignments must be referenced adopting an appropriate business referencing style.
Submission: You must submit your assignment answers in accordance with the procedure outlined in the Learning Guide (i.e., must be submitted through Turnitin). The assignment must be submitted by the due date and time, or late penalties will begin to accumulate until received.
If relevant please review the University Policies on Applications for Extensions and Special Consideration. Please note that if you are applying for an extension or special consideration you MUST ATTACH YOUR WORK DONE on the assignment up to the date of your application. Do not assume your application will be successful. You need to upload your assignment as soon as you are able, to ensure penalties are minimised.
Please do NOT affix an Assignment Cover Sheet to your assignment. Assignment Cover Sheets are automatically built-in to Turnitin.
Do NOT attach a copy of these instructions, or of the questions, as part of your assignment, but number your answers to correspond to the numbered questions.
Marking: The marking criteria and standards are set out in the Learning Guide and will be used when marking and to provide feedback on your assignment. You may find it helpful to consult these while working on your assignment. See the Learning Guide for other information about marking and return of assignments.
SAMPLE ANSWER
INTRODUCTION TO BUSINESS LAW
Question 1
A valid contract should satisfy all legal aspects which include: offer and acceptance, the contractual capacity of the parties, consideration, and legality of the contract.[1] For an offer to be valid, it should be made by the offeror then the offeree should accept it. The parties should have the capacity to enter into contractual agreements in regards to age and sound mind. In addition, there must be consideration in terms of a promise of money for goods or services to be delivered.
A contractual agreement becomes binding when the offeree accepts the offer. An offer must be accepted by the offeree as it is, if anything in regards to the terms of the contract is changed, then it amounts to a counteroffer. An offer is made when the offeror expresses his intention to enter into a contractual agreement on particular terms, with the aim of making the terms presented binding immediately the offeree accepts the terms. There are different forms in which an offer can be communicated such as conduct, email, fax, newspaper, and letter.
Acceptance occurs when the offeree indicates that they are ready to bind themselves to the terms and conditions stipulated in the offer. For the acceptance to be effectual, it must be equivocal, implying that the contractual partners need to accept the terms of the contract as presented. In Powell v Lee (1908) 99 L.T. 284, the court was of the view that communication of acceptance is paramount to the validation of a contract. In the case where acceptance is communicated, but there is no meeting of the minds, then no contract will be deemed to exist.[2] This will be contrary to the mirror image principle which requires the offer to be accepted just as it is. Thus, when the offeree presents different conditions to those presented by the offeror, this amounts to a counteroffer, leading to the nullification of the previous offer. Accordingly, if the offeree accepts the original offer, but with additional qualifications or conditions, this also amounts to a counteroffer and it’s not binding to the other party unless they accept the additional conditions.[3]
In the case scenario, it can be implied from the facts that the parties were in a legal capacity to enter into a contractually binding agreement. Dorothy made an offer to Brian for the sale of her house ‘Gum Leaves’ at a price of $2,000,000. However, Brian’s response was that he would buy the house at $1,500,000 and in four installments over a period of two years. In this case, Brian made a counteroffer. He did not accept the offer as was made by Dorothy. Dorothy’s response to Brian’s counteroffer was in line with the mirror image principle because it was exactly as the original offer made by Brian. She accepted to sell ‘Gum Leaves’ to Brian in four installments as offered by Brian. This created a binding contractual agreement between Dorothy and Brian. The contract came into force the moment Dorothy accepted the counteroffer made by Brian.
With regards to Lionel’s scenario, Lionel also made a counteroffer because he offered to buy the house at $1, 750,000 and not $2,000,000 as originally offered by Dorothy. Dorothy, on the other hand, responded to Lionel by accepting the counteroffer but with an additional condition that the contract could only be binding if it was drawn up in a form that was acceptable to her family solicitors. Thus, there was no valid contract between Lionel and Dorothy, and Lionel was not liable for breach of the contract through his action of revoking the offer. It is possible for an offer to be revoked by the offeror before communication of acceptance.
In conclusion, there is a binding contract between Dorothy and Brian for the sale of “Gum Leaves” at $1,500,000 and in four installments at a period of two years, whereby the failure of Dorothy to fulfill her part of the contract leads to breach of the contract.
Question 2
Under contract law, a contract comes into existence the moment the offeree accepts the terms and conditions of the offer.[4] In the case scenario, an agreement was made between Emily and Rachel for the sale of Fang to Emily for $3,000 in two installments of $1,500 each. A contract is valid if there is consideration between the parties. Consideration refers to the promise to fulfill a particular obligation upon payment of a certain specified sum of money.[5] Rachael gave out her dog to Emily basing on Emily’s promise to pay $3,000. Thus, the two parties entered into a binding contractual relationship, the breach of which leads to legal consequences.
With regards to the issue of whether or not the dog was even tempered, this was not part of the contract in the express sense. Although there are implied terms with regards to merchantability of contractual goods, the issue of a dog’s tempers is tricky because it is not possible to objectively determine Rachael’s liability on the ground that she promised that the dog was even tempered. The objective test for determining the extent to which a contractual term is binding to the party that makes it is based on how a reasonable bystander could interpret the issue of a dog’s tempers. It is likely that when Rachael sold the dog to Emily, it was even tempered. This is because dogs usually change their tempers depending on different circumstances and environments. In addition, Emily had not stipulated such a condition as to temperament during the time at which the parties were entering into the contract. Thus, Emily is still required to fulfill her part of the bargain by paying off the remaining installment of $1,500.
Question 3
This question addresses the issue of avoidance of liability using disclaimers.[6] In general, contract law supports the aspect of freedom in contractual dealings and aims at allowing parties to make their own choices in regards to allocation of the risk associated with the particular contract in which they are entering. Thus, courts basically try to ensure the enforcement of the terms of the contract decided upon by the parties. Section 2-719 of the UCC provides for the freedom of parties to ensure that remedies and consequential damages are limited as much as possible. However, a contract may be invalidated if a clause is found to be unconscionable in the sense that it has elements of one-sidedness, oppression, and harsh agreement.
An exclusion clause can be included in a contract for purposes of putting a limitation on the liability of a party of breach of contract or negligent conduct. However, reliance on such a contract will only be successful if the clause was incorporated into the contract and it can be interpreted to mean that the clause covers the loss in question.
With regards to incorporation, an exclusion clause can be included in a contract through the ‘course of dealing,’ signature or notice. Where a notice is given in regards to the exclusion of liability of a party to the contract, the notice should be made known to the other party. The notice should be displayed at a conspicuous place where the other party can see it and become aware of it before taking up the risk. In addition, if the notice is on a piece of paper, and it is written in small letters to the extent that the other party cannot see, such an exclusion clause is not binding. This is because there is no meeting of the minds between the parties involved in the contract. At least for a contract to be binding to the parties involved, there must be mutual agreement with regards to what these parties are entering into.
In addition, a party cannot avoid liability for gross negligence on the ground that the claimant foresaw the consequences of their actions. The court interprets disclaimers and exclusion clauses in a manner that ensures that they are not one-sided and oppressive to one party. The court’s interpretation aims at determining whether the disclaimer indeed covers the breach that has taken place. The main approach followed by the court is that exclusion of liability only occurs where clear words have been used. This implies that in case of any ambiguities in the disclaimer, the court applies the contra preferentem rule whereby the disclaimer is construed against the party that drafted it.[7] In addition, the court may still hold the party relying on the disclaimer liable where the disclaimer indicates inconsistencies or repugnancy to the major purpose of the contract. Furthermore, under common law, it is not possible for a party to exclude or restrict a fundamental breach in whatever situations because this results into unfairness.[8]
In the case scenario, it is evident the ferry company included a disclaimer on the ticket given to Phillip. Phillip had used the ferry on a previous occasion, but in both instances, he did not see the disclaimer placed on the ticket. Due to the fact that the court will interpret the disclaimer in line with the contra preferentem rule, it will find that the ticket was first written on the reverse side, meaning that it could not be easy for the party purchasing a ticket to see it. In addition, the party purchasing the ticket and reading the disclaimer could imagine that the words “All vehicles and passengers use this ferry at their own risk” were applicable to factors beyond the control of the ferry operators such as force majeure and hardship.[9] However, Phillip lost his car as a result of the negligence of the captain of the ferry. The ferry company cannot claim that the disclaimer covered the breach in question. Thus, the ferry company is still liable for Phillip’s loss.
References
Anson, William Reynell, Jack Beatson, Andrew S. Burrows, and John Cartwright. Anson’s law of contract. Oxford University Press, 2010.
Furmston, Michael Philip, Geoffrey Chevalier Cheshire, and Cecil Herbert Stuart Fifoot. Cheshire, Fifoot and Furmston’s law of contract. Oxford university press, 2012.
Koffman, Laurence, and Elizabeth Macdonald. The law of contract. Oxford University Press, 2010.
McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press, 2014.
Perillo, Joseph M., and John D. Calamari. Calamari and Perillo on contracts. West Academic, 2009.Treitel, Guenter Heinz. The law of contract. Sweet & Maxwell, 2003.
Powell v Lee (1908) 99 L.T. 284.
Schot, Natasha. “Negligent liability in sport.” (2005).
Smith, Stephen A., and Patrick S. Atiyah. Atiyah’s Introduction to the Law of Contract. Oxford University Press, 2006.
[1] Anson, William Reynell, Jack Beatson, Andrew S. Burrows, and John Cartwright. Anson’s law of contract. Oxford University Press, 2010.
[2] Furmston, Michael Philip, Geoffrey Chevalier Cheshire, and Cecil Herbert Stuart Fifoot. Cheshire, Fifoot and Furmston’s law of contract. Oxford university press, 2012.
[5]Smith, Stephen A., and Patrick S. Atiyah. Atiyah’s Introduction to the Law of Contract. Oxford University Press, 2006.
[6] Perillo, Joseph M., and John D. Calamari. Calamari and Perillo on contracts. West Academic, 2009.Treitel, Guenter Heinz. The law of contract. Sweet & Maxwell, 2003.
[7] Koffman, Laurence, and Elizabeth Macdonald. The law of contract. Oxford University Press, 2010.
[8] McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press, 2014.
[9] Schot, Natasha. “Negligent liability in sport.” (2005).
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The law in business is also an essential element that provides a critical understanding of the business environment in which an organization operates and generally impacts the commercial transactions of an entity. The law therefore ensures that considerations are given on an aspect that deals with an organizations contracts, partnerships, taxations, torts, intellectual properties, consumer protection including international trade. An instance of this can be depicted in an event that a corporation is entering into a joint venture. The law comes in place to institute the functions of the venture.
Court decisions in relation to law also have an impact on the policies and the legislative executive actions that may influence the operations of businesses within a given environment. The state decisions in which businesses are expected to abide by can influence the decisions of a business venture operating in different countries. For instance, the Virgin Atlantic in opening its operations in the Asian countries need to abide by the air regulatory laws that govern the region. These factors therefore may force the airline to limit some of its operations to meet the regulations of the market.
Unit 2: Basics of Contract Law: Formation, Breach, and Remedies
A contract is understood as a legal and voluntary agreement made by individuals who have the appropriate capacity. The different types of contracts are: implied contract – this includes obligations that arise from a mutual agreement as well as intention to promise, which have not been expressed in worlds. Express contract – both parties state the terms, either in writing or orally, at the moment when the contract is formed. Contracts under seal – conventionally, a contract became an enforceable legal document only if the contract was stamped using a seal. Executed contract – one where nothing is remaining to be carried out by either party. Executor contract – where some future obligation or act remains to be carried out in accordance with its terms.
The following are the elements of a contract: (i) an offer – one party in the contrast promises to perform something or to avoid doing a particular specified action in future.
(ii) Acceptance – the offer is accepted explicitly by the other party. (iii) Consideration, or an exchange of value – a valuable thing was promised in exchange for the particular non-action or action. (iv) Mutuality – the parties in the contract had a meeting of the minds with regard to the agreement. Both parties understood and were in agreement on the basic terms and substance of the contract.
Unit 3: Intellectual Property, Creditor-Debtor Relations, and Employment Law
The different protections for business intellectual property include copyright, registered design, trademarks, trade secrets, and patents. Patent: strength – patent owners might bring a patent violation suit on anybody who makes use of the invention without permission. Investors might file a Provisional Patent Application in order to protect patentable invention before it is complete. Weaknesses – patents only last for 20 years and as soon as they expire the inventor does not have legal protection over the invention given that it has fallen into public domain.
Copyright: strength – lasts the author’s lifetime plus 7 decades, and protects creative work from being utilized by others with no permission. Weakness – if an employee creates something, the employer will own the copyright for that idea or product.
Unit 4: The Business Entity and Agency Law
In limited partnerships, the limited partners have to agree not to take any active role in the everyday management of the partnership’s business. As such, the limited partners are protected from the individual liability for the actions of the partnership.
In limited liability corporations, the corporation is a distinct legal entity. Generally, a corporation, and not the corporation’s owners, is legally responsible for the debts that are incurred during the course of its business. The liability protection which is afforded to limited partners is the same as the protection that is afforded to a corporation’s shareholders.
Unit 5: Tort Law, Consumer Protection, and Product Liability
Intentional torts against property include trespass to land, and trespass to personal property. Unlike intentional torts, negligence does not require intention on the part of the tortfeasor, and neither does it require that the tortfeasor believe or know the effects that might be caused by her/his omission or action.
A tort is a private legal action that does not involve the state but the people who may seek protection in filing suits in an event that harm is caused. Through this, the state may therefore come in to prosecute the violation that would see the organization be sued for the damages that are accrued in the act. It is therefore essential that organizations operating in various environments are enlightened with these laws in order to function effectively.
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Instructions
This document consists of three (3) pages including this page.
There are three (3) questions and all questions must be answered. This assessment task contributes 30% of your final grade. The questions are not equally weighted. This assessment task is based upon the content covered in Weeks 4 and 5 (Contract law). Word limit: The word limit for the entire assignment is 1500 words. There is no 10% margin of error on the word limit and you may not use footnotes to get around the word limit (eg, such as by placing extra text in the footnotes – footnotes should be used for the reference only as a general rule, not for added descriptions). Referencing style: Assignments must be referenced adopting an appropriate business referencing style. Submission: You must submit your assignment answers in accordance with the procedure outlined in the Learning Guide (i.e., must be submitted through Turnitin). The assignment must be submitted by the due date and time, or late penalties will begin to accumulate until received.
If relevant please review the University Policies on Applications for Extensions and Special Consideration. Please note that if you are applying for an extension or special consideration you MUST ATTACH YOUR WORK DONE on the assignment up to the date of your application. Do not assume your application will be successful. You need to upload your assignment as soon as you are able, to ensure penalties are minimised.
Please do NOT affix an Assignment Cover Sheet to your assignment. Assignment Cover Sheets are automatically built-in to Turnitin.
Do NOT attach a copy of these instructions, or of the questions, as part of your assignment, but number your answers to correspond to the numbered questions. Marking: The marking criteria and standards are set out in the Learning Guide and will be used when marking and to provide feedback on your assignment. You may find it helpful to consult these while working on your assignment. See the Learning Guide for other information about marking and return of assignments.
SAMPLE ANSWER
Business law Case Study Essay
Advice to Dorothy
Dorothy does not have a binding contract with Brian. A contract is a written or verbal agreement which meets particular conditions thereby making it enforceable at law (DiMatteo, 2013). The conditions are as follows: (i) offer and acceptance; (ii) each term of the offer has to be agreed upon; (iii) each party has to intend to be legally bound to the contract; and (iv) there has to be consideration – a valuable something has to be exchanged during the transaction (LaMance, 2011). Dorothy and Brian did not agree upon all of the terms of the contract. Dorothy wanted Brian to pay cash of $1,500,000 in one lump sum on settlement but Brian insisted on paying the amount in 4 instalments. However, Dorothy has a binding contract with Lionel since they both agreed upon the terms of the offer, that is, $1,750,000 in cash for the family home. Moreover, with Lionel, there was offer and acceptance but with Brian, there was no offer and acceptance.
Advice to Rachel
Although Rachel denies that Fang’s temper was ever a term of the contract, it in fact was. The promise that Rachel made to Emily – that Fang is even tempered – is binding. If the parties in a contract exchange promises, in contract law, every promise is a consideration for the other promise. Failing to fulfil a promise in a contract is an infringement of the contract, for which the other party might take legal action for damages and/or performance (Weitzenbock, 2012; Mathews, 2015). When Rachel promised Emily that Fang is even tempered, this promise is binding and Emily may sue her since Fang turned out not to be even tempered.
Phillip cannot sue the ferry company
The ferry company had an Own Risk clause and this clause applies to the contractual relationship between the Ferry Company and Phillip. This clause is effective (Howard, 2015). It relieves the Ferry Company from liability for negligence navigation by its captain that resulted in the ferry colliding with an underwater obstruction marked by a warning buoy. If there was no Own Risk clause, then the Ferry Company perhaps would have been liable for Phillip’s damages in this case (Clarke & Yates, 2013).
References
Clarke, M. A., & Yates, D. (2013). Contracts of carriage by land and air. American Business Law Journal, 34(2), 67-75.
DiMatteo, L. A. (2013). Fifty Years of Contract Law Scholarship in the American Business Law Journal. American Business Law Journal, 50(1), 105-158. https://www.doi:10.1111/ablj.12006
Howard, J. S. (2015). Contract Resurrected! Contract Formation: Common Law ~ UCC ~ CISG. North Carolina Journal Of International Law & Commercial Regulation, 40(2), 245-291.
LaMance, K. (2011). Contract for the purchase or sale of a home. American Business Law Journal, 50(1), 105-158.
COURSEWORK QUESTION:
The following is a hypothetical situation. 3250
Primani is one of Italy’s leading department stores. Roberto, an Italian national, acquired the franchise rights to open the first Primani department store
in the UK. Trading began in April 2013. He initially thought it would be possible to manage his staff via Skype, but believes in order to make the venture a
success he will need to relocate to Bristol to oversee the project.
He seeks your advice on a number of issues relating to EU Law.
Primani’s latest shipment of decorative lamps have been held up in Dover by the British Customs Authorities on the basis that the lamp stands may contain concealed packets of cocaine. Roberto, concerned by the delay, has contacted UK Customs for more information. They explain that they have had to take action because of credible information contained in a TV documentary on Mediterranean drug cartels. All imported lamps into the UK are to be inspected.
Whilst there is no charge for the inspection, all Lorries containing the shipments are to be kept in a secured car park near the Port at a rate of £40 per
day whilst the inspections are conducted. He is told this is to ensure the fairness of the process and to eliminate the risk of third party interference with
the goods.
Since the TV documentary aired, the Media and Press has been critical of the lack of action on drugs smuggling into the UK. The UK Government, keen to tell the voting public that they are taking firm action for the interests of public policy, have imposed a further requirement on retailers of imported lamps. The shop shelves which display the imported lamps must display number of large notices, almost 12 cm x 9 cm in size, which contains the message ‘Imports Inspected and Cleared by UK Customs.’ Roberto and the manager of the store’s lighting department considers this will potentially dissuade consumers from purchasing these products.
Questions
a) What are Roberto’s rights to set up a branch of Primania in the UK and what would you advise in relation to his intention to relocate?
b) What advice would you provide in relation to the lamp inspections
c) What advice would you provide in relation to the car parking requirement?
d) What advice would you provide in relation to the requirement to display a notice on shop shelves?
e) Finally, if you consider that EU Law has been breached by any of the parties mentioned, what options are available to Primani?
QUESTIONS TO CONSIDER IN COMPILING THE RESEARCH TRAIL 750 WORDS
Methods
This is sometimes referred to as methodology.
• How did you go about conducting your research?
• How did you select your list of materials that were relevant to the topic?
• Did you search the library databases and catalog?
• Did you do this yourself or did you need to seek help from the law librarians?
Sources
• What sources or type of materials did you select for your research?
• Did you research primary sources of legislation and cases, and secondary sources of legal encyclopedia, books and journal articles?
Analysis
The analysis and evaluation of the effectiveness of the techniques used and of the sources will be considered together. This is your chance to provide your own reflection and requires you to assess your own methodology and the sources you have chosen.
For example:
• Was your methodology effective and efficient?
• Have you learned anything about researching that would lead you to select materials in a different way in the future?
• Have you learned anything about the type of searches you should use to find particular types of materials?
• If you asked the law librarians for advice, what did you learn?
• Could you have used the materials you selected in a different or better way to support the points that you have advanced?
• Which types of materials did you find most useful to the topic area and why?
Finally you must consider what you have learned from your research. You should reflect on the way the resources that you have researched have developed your thinking and approach to answering the set question.
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Research authoritative articles using the news and the DeVry Online Library (http://library.devry.edu) for a recent case of antitrust investigation. You are
free to choose a case from any industry and any part of the world. Based on the case you have selected, answer the following questions.
1. Why was/were the firm(s) investigated for antitrust behavior?
2. Identify some of the costs (pecuniary and nonpecuniary) associated with the antitrust behavior (firms having power in the market). Additionally, note the specific antitrust act (Sherman Act, Clayton Act, etc.) under which the violation was investigated.
3. Given your research and findings, are monopolies and oligopolies (firms demonstrating power) always bad for society? Be sure to provide real world
examples of where this may be the case to strengthen your position.
4. Provide at least one example of a case where having a monopoly or oligopoly may actually benefit the society.
Based on your findings to the questions listed above, write a report with a minimum of 300 words in essay format in APA style (use the APA template in Doc
Sharing), using correct economic terms covered in the discussions. If you ONLY write 300 words, you probably won?t be able to fully answer the questions.
Key concepts to include in your paper include the following.
Monopoly Market Structure’
Oligopoly Market Structure
Barriers to Entry Into the Market
Natural Monopoly
Government Monopoly
Downward Sloping Demand Curve
Economies of Scale
Price Fixing
Collusion
Monopoly Pricing
Price Maker
Market Power
Economic Profits
Imperfect Competition
Rent-Seeking Behavior
X-Inefficiency
Deadweight Loss to Society
Marginal Cost
Marginal Revenue
Antitrust
You must use at minimum at least one article from the DeVry Online Library. Note: Although your textbook is a good source of knowledge, it is NOT an article and cannot be the only source for the assignment. Cite all your references in APA format. You can use the Citations & Bibliography function of Microsoft Word, which is found under the References tab.
1. Write your individual answers to the questions listed above together not each minimum 300 words in essay format in APA style [use APA template in Doc
Sharing], using correct economic terms covered in the discussions. If you ONLY write 300 words, you probably won?t be able to fully answer the questions.
2. Some key concepts to include in your paper – Monopoly Market Structure, Characteristics of Pure Monopoly, Barriers to Entry into the market, Natural
Monopoly, Government Monopoly, Downward Sloping Demand Curve, Economies of Scale, Monopoly Pricing, Price Maker, Market Power, Economic Profits, Imperfect Competition, Rent Seeking Behavior, X-inefficiency, Deadweight Loss to Society, Marginal Cost, Marginal Revenue, Antitrust, Bundling.
You must use at least one article. Note: The textbook is not an article and cannot be the ONLY source for the assignments. Use the DeVry Library as a
resource for finding your references.
Title page or name on paper
Introduction paragraph
Body of paper paragraph(s) with in-text citations provided for sources used
Conclusion paragraph
Reference(s)
SAMPLE OF APA template to be use is below:
Title page
Title of the paper
Name of the author
Email Address
Content
Price Controls
I do not support gas price controls, or more specifically, price ceilings on gasoline because they do not help the economy in the long run. The laws of
supply and demand dictate that the market itself should be the determining factor of prices, which change with the supply and demand of specific goods in the market. A couple factors such as the negative effects on the Law of Supply, and the hidden costs to customers make price ceilings an unpopular choice for most economies.
Within the Law of Supply, certain determinants are affected when price controls are imposed. Although it may not be apparent in the short-run, price ceilings
will limit the number of producers entering the market due to the increased difficulty of making a profit because of the prices imposed on their goods. In addition to limiting the number of producers, price ceilings reduce the need to be competitive, which leaves companies little incentive to increase
efficiency and innovative initiatives in the way they produce and procure their products to lower the prices themselves.
Price Ceiling on Oil
In the past, such as the price ceiling on oil during the 1970?s in the United States, price controls created disequilibrium between supply and demand which
resulted in a shortage of gasoline during that time. This meant that those that were willing and able to purchase gas could not do so. With the intent on
keeping prices down, customers often pay hidden costs that are not related to prices (Ellig, 2003). Long waits in line, increased stress through competitive
acquisition of the limited goods, and the inability to purchase those goods regardless of financial standing takes its own toll on the economy.
Conclusion
History has already showed us the results of price controls in the market. Although the long-term effects may not be apparent, such as companies shutting down because of its inability to maintain the controlled prices and the unemployment that follow it is real. Artificially changing the laws of supply and
demand and the additional non-monetary costs to the customers can lead to a bigger problem than just higher gas prices. The market should be allowed to
pursue it?s equilibrium without any interference.
Bibliography/References
[Type references alphabetically; format APA]
Last Name, First Initial. Middle Initial. (year). Name of article in sentence case: If there is a subtitle, it should also be in sentence case. Name of
Journal in Title Case, volume(issue), first page-last page. Retrieved Month Day, Year, from name of database (if applicable) and specific URL.
Ellig, Jerry (2003, January 28). Competition and Effects of Price Control. Retrieved May 2,
2016, from Federal Trade Commission Web site: http://www.ftc.
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