Comparison between Civil Law and Common Law Simple essay because I am an international student
Please following issues as your writing guide:
The historical development of both civil law and common law.
Comparison between Civil Law and Common Law
The role of precedent in common law: how did precedent work?
The role of legislation in civil law.
How are the two systems moving towards each other?
How do law students learn under the different systems?
How do judges judge under the different systems?
Step: Conclude your essay with a brief description of your home country’s legal system. You may compare it very briefly with the systems you analyzed above.
my home country is Saudi Arabia
please don’t forget to use the blue book
This is a discussion post. There is a video that pertains to this paper. I will record it and send it through an e -mail. We also have to include a nurse practice act from the state we live. I live in Texas. Thank you. If you have any questions, please don’t hesitate to call at 973-842-5512.
SAMPLE ANSWER
Nursing Legal and Ethical Conduct
The American Nurses Association (ANA) through its code of ethics recognizes the need for patient confidentiality by the nurses. It insists in the nurse’s responsibility for maintaining the confidentiality of all the information about the patient regardless of it being personal or clinical. The information should be kept a secret in the work setting or any other form of digital communications like the social media (Olson, 2016). Confidentiality and privacy form the basic components of human rights in our society. Safeguarding this right with concerns on the individual’s personal information on health records is not only an ethical but also a legal obligation required out of the health care providers. Doing so in today’s generation, however, is very tricky. Considering the scenario of Lena, she is faced with two critical decisions that are hard to make. After finding out that her sister’s boyfriend is HIV positive, her considerations would be two: 1. Go against the Health Insurance Portability and Insurance Act (HIPPA) that insists on patient confidentiality and save her sister from the situation through disclosing the information to her or uphold the patient confidentiality and avoid disclosing the information to her sister. Personally, the latter will take precedence (McGraw, 2013).
Upholding patient confidentiality is a sacred trust accorded to every nurse and thus taking a hard decision like the one above is mandatory. As clearly presented in the ANA’s Code of Ethics, the nurse should strive to advocate an environment that gives enough physical privacy to the patient needs as well as the auditory privacy. The maintenance of the patient confidentiality goes a long way in impacting the patients’ recovery as well as his/ her perspective towards the medical complication. The connection and the relationship that will exist between a nurse and a client will surely be dictated by whether the nurse upholds the privacy of the patient or not. According to the ANA code of ethics, the nurse is given a role in advocating, promoting and strive to protect the rights of the patient regardless of the situation at hand (Lachman, 2015).
According to the College of Registered Nurses in Colombia, the nurses are provided with an ethical obligation to safeguard the information that they receive in the context of the client-nurse relationship. This is because the clients disclose such information with confidence that it will not fall into the hands of wrong people. The possibility of a patient coming back for further consultations with regard to a new or previous complication is dictated by the nurses’ ability to keep the previous conversation a secret. The nurses are required to store the patient’s records in secure places taking great care when the information is being moved to various places; it also requires that the during electronic transfer of information, secure measures should be employed such as not using the client names or fax number (Bamford, 2013). Ensuring that the computer monitor displaying sensitive patient information is not left unattended to is also another security measure. In situations where a nurse is tempted to disclose information, then she must first find the consent of the patient with the best alternative being that the nurse encourages the patient to disclose the information alone. If I were Lena therefore, I would dedicate quality time to convincing my sister’s boyfriend to disclose the information about his HIV status in order to ensure that the life of my sister is safeguarded.
References
Bamford, M., Wong, C. A., & Laschinger, H. (2013). The influence of authentic leadership and areas of worklife on work engagement of registered nurses. Journal of nursing management, 21(3), 529-540.
Lachman, V. D., Swanson, E. O., & Winland-Brown, J. (2015). The new ‘Code of Ethics for Nurses With Interpretive Statements’(2015): practical clinical application, part II. MedSurg Nursing, 24(5), 363-368.
McGraw, D. (2013). Building public trust in uses of Health Insurance Portability and Accountability Act de-identified data. Journal of the American Medical Informatics Association, 20(1), 29-34.
This is a discussion post. There is a video that pertains to this paper. I will record it and send it through an e -mail. We also have to include a nurse practice act from the state we live. I live in Texas. Thank you. If you have any questions, please don’t hesitate to call at 973-842-5512.
SAMPLE ANSWER
Legal and Ethical Conduct
The American Nurses Association (ANA) through its code of ethics recognizes the need for patient confidentiality by the nurses. It insists in the nurse’s responsibility for maintaining the confidentiality of all the information about the patient regardless of it being personal or clinical. The information should be kept a secret in the work setting or any other form of digital communications like the social media (Olson, 2016). Confidentiality and privacy form the basic components of human rights in our society. Safeguarding this right with concerns on the individual’s personal information on health records is not only an ethical but also a legal obligation required out of the health care providers. Doing so in today’s generation, however, is very tricky. Considering the scenario of Lena, she is faced with two critical decisions that are hard to make. After finding out that her sister’s boyfriend is HIV positive, her considerations would be two: 1. Go against the Health Insurance Portability and Insurance Act (HIPPA) that insists on patient confidentiality and save her sister from the situation through disclosing the information to her or uphold the patient confidentiality and avoid disclosing the information to her sister. Personally, the latter will take precedence (McGraw, 2013).
Upholding patient confidentiality is a sacred trust accorded to every nurse and thus taking a hard decision like the one above is mandatory. As clearly presented in the ANA’s Code of Ethics, the nurse should strive to advocate an environment that gives enough physical privacy to the patient needs as well as the auditory privacy. The maintenance of the patient confidentiality goes a long way in impacting the patients’ recovery as well as his/ her perspective towards the medical complication. The connection and the relationship that will exist between a nurse and a client will surely be dictated by whether the nurse upholds the privacy of the patient or not. According to the ANA code of ethics, the nurse is given a role in advocating, promoting and strive to protect the rights of the patient regardless of the situation at hand (Lachman, 2015).
According to the College of Registered Nurses in Colombia, the nurses are provided with an ethical obligation to safeguard the information that they receive in the context of the client-nurse relationship. This is because the clients disclose such information with confidence that it will not fall into the hands of wrong people. The possibility of a patient coming back for further consultations with regard to a new or previous complication is dictated by the nurses’ ability to keep the previous conversation a secret. The nurses are required to store the patient’s records in secure places taking great care when the information is being moved to various places; it also requires that the during electronic transfer of information, secure measures should be employed such as not using the client names or fax number (Bamford, 2013). Ensuring that the computer monitor displaying sensitive patient information is not left unattended to is also another security measure. In situations where a nurse is tempted to disclose information, then she must first find the consent of the patient with the best alternative being that the nurse encourages the patient to disclose the information alone. If I were Lena therefore, I would dedicate quality time to convincing my sister’s boyfriend to disclose the information about his HIV status in order to ensure that the life of my sister is safeguarded.
References
Bamford, M., Wong, C. A., & Laschinger, H. (2013). The influence of authentic leadership and areas of worklife on work engagement of registered nurses. Journal of nursing management, 21(3), 529-540.
McGraw, D. (2013). Building public trust in uses of Health Insurance Portability and Accountability Act de-identified data. Journal of the American Medical Informatics Association, 20(1), 29-34.
Olson, L. L., & Stokes, F. (2016). The ANA Code of Ethics for Nurses With Interpretive Statements: Resource for Nursing Regulation. Journal of Nursing Regulation, 7(2), 9-20.
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Address the following five (5) elements and how they relate to the nursing practice (in Australia).100-110 words for each elements.
1. LAW
2. ETHICS
3. STANDARDS OF PRACTICE
4. SOCIAL MEDIA
5. PROFESSIONAL BOUNDARIES.
Consider the code of professional conduct for nurses, code of ethics for nurses, standards for practice: Enrolled nurse, the nursing and midwifery board of Australia etc.
SAMPLE ANSWER
Nursing practice and Law
In Australia, there are two regulations under which the nurses and midwives practice. These include a) self regulation and b) statutory regulations. Example of statutory regulation is The Nursing and Midwifery Board of Australia (NMBA) that regulates nurses and midwives under health practitioner regulation National Law (2009). The self regulated standards/ laws are those determined by nursing professionals and have no legally binding regulation or force. In general, nursing practice spans beyond the stereotypical positions as it touches every aspects of life. This implies that nursing that there is a significant relationship between nursing and the worlds of law. For instance, the issues of confidentiality, ethics, consent, and health policy are nursing aspects that have legal component. In addition, nurses are also trained to be patients and healthcare advocates, and especially for the vulnerable populations. Therefore, nursing relationship with law is that nurse’s needs to understand the legal structural issues in healthcare, regulations and policies needed and possess skills that will enable them address these issues using legal problem-solving lens (Nursing & Midwifery Council, 2014).
Nursing practice and Ethics
Ethics have an integral part in nursing practice. Nursing practice is mainly concerned to the welfare of the injured, sick, and vulnerable individuals in the society. Nursing not only encompasses disease prevention, suffering and restoration of health but also adheres to moral norms that promote social justice. Nurses in Australia are guided by the Code of Ethics whose purpose is to develop fundamental ethical values and standards to which the nursing profession is committed to. The framework acts as a reference point from which the nurses reflect about their conduct, and guides in ethical decision making processes. This guiding framework emphasizes for quality care for every person in the society, respect, cultural competence, ethical management of patients information, access to quality care for everyone and establishing a socio-economical and socio-ecological environment that promote community’s wellbeing (Nursing and Midwifery Board of Australia, 2014).
Standards of practice
The core standard of nursing practice in Australia is that the midwives and nurses must be registered as per the Nursing and Midwifery Board of Australia (NMBA). In Australia, the professional standards that define the nurse’s practice and behavior include code of ethics, conduct, competency standards and guide to professional boundaries. The domains of nursing standards of care includes provision of professional, ethical, quality care, reflective as well as analytical practice. The nurses are expected to practice in a way that ensures that people’s rights are protected. They are also expected to reflect on evidence based practice in order to deliver care (assessment to health education) informed by evidence, and within quality and safety guidelines. They are also expected to engage in professional development practices (Nursing and Midwifery Board of Australia, 2014).
Social Media and nursing practice
Modern communications methods are transforming the way people interact with one another. In Australia, nurses are adept of using social media to connect, be creative and to become more efficient in their work. The nurses are embracing opportunities offered by social media for research purposes, assessment, diagnosis and implementation processes. However, when using social media, nurses are expected to adhere to the National law and Nurses code of ethics and standard of practice. This includes complying with privacy obligations and confidentiality such as avoiding discussing patients, pictures of procedures, or sensitive patient information without consent or presenting biased or unsubstantiated claims (Casella, Mills, & Usher, 2014).
Nursing professional boundaries
A nurse has therapeutic relationship with their patients which include great deal of patient’s personal information. Nursing standards of practice expects that nurses will act in the best interest of the patient and will provide care based on their specific needs. In this context, professional boundaries refer to the limits in which the nurse protects the space between professional power and patient’s vulnerability. This is because there are borderlines that distinguish between professional, non-professional and therapeutic relationship between the patient and the nurse. Crossing these boundaries indicates that the nurse is misusing his or her professional power. In Australia, nurses professional boundaries is guided by nursing professional code of conduct, nursing practice standards and code of ethics. If a nurse experiences any boundary-crossing behavior, they should seek counsel from their supervisors and colleagues. This is because care setting, client needs, community influences, patient’s age, gender and nature or therapy being provided (Nursing and Midwifery Board of Australia, 2014).
Casella, E., Mills. J., & Usher, K. (2014). Social media and nursing practice: changing the balance between the social and technical aspects of work. The Australian Journal of Nursing Practice, Scholarship and research. 21 (2); p 121-126
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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: https://mycampus.southuniversity.edu/portal/server.pt
Please note that when you log into the website you must click launch class, and on the next screen click syllabus to view this week’s readings (week 5) and Academic Resources to access the school’s library.
To support your work, use the textbook, lectures and scholarly outside sources. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
Below is feedback by professor from previous assignments, please apply.
Would like to have seen a stronger use of case law, examples, and statutory authority woven into the written paper.
Please make sure to include robust analysis with specific legal examples and legal authority.
Would like to see a stronger use of content related professional vocabulary
Select TWO of the following scenarios and answer the question presented.
Scenario 2
Holmes Construction Company (Holmes) hired Luke as the Materials Manager. Luke was authorized to enter into contracts to purchase materials for Holmes. On many occasions, Luke contracted to purchase plumbing supplies from FloTec Industries. Because of a downturn in the economy, Holmes terminated Luke’s employment on November 30. On December 9, Luke contacted FloTec to purchase materials on behalf of Holmes; however, Luke provided a new delivery address, accepted delivery and wrongfully kept the materials. FloTec was not aware that Holmes terminated Luke. On December 15, Holmes provided written notice to FloTec Industries that Luke had been terminated.
a. When was Luke’s express authority to act for Holmes effectively terminated?
b. Did Luke have authority to enter into the contract with FloTec on December 9? If so, what type of authority did he have?
c. Is Holmes obligated to perform the December 9th contract?
d. What should Holmes have done differently?
Please provide specific legal support for each of your responses.
Scenario 3
Azteca Industries hired virtually all of its employees from Fairview High School, which was primarily Hispanic in its racial makeup. Accordingly, there were virtually no non-Hispanic employees employed by Azteca Industries. The work that these employees performed was work that any reasonably capable high school graduate could do. When organizations representing non-Hispanic individuals questioned the policy, the Director of Human Resources indicated that Fairview High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school. There was no evidence that there was any plan or intention to discriminate against non-Hispanics. Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.
Please rely upon Title VII and applicable case law to support your responses.
SAMPLE ANSWER
Scenario 2
When was Luke’s express authority to act for Holmes effectively terminated?
Based on the Holmes Company, Luke’s contract was terminated on the 9th of December; hence Luke had no authority to transact any business on the behalf of the company (Smith, 2012). However, the fact that Holmes had terminated Luke’s contract did not in any way prevent him from making transactions on behalf of the company to third parties except through written communication. The Express authority for Luke to act for Holmes was effectively terminated on the 15th of December. An express authority is a binding type of authority that is expressly granted in writing. Therefore, Holmes could have written an express of authority to help FloTec indicating that Luke’s contract had been terminated.
Did Luke have authority to enter into the contract with FloTec on December 9? If so, what type of authority did he have?
Yes, the apparent authority. This form of authority involves the actions of an agent in dealing with a third party. In this scenario, Luke could have used apparent authority to transact with FloTech. Since with apparent authority, it gives Luke the permission to implied or express, to have a binding contract with FloTech. Nonetheless, Flotech’s ignorance when it comes to Luke’s actions could not have prevented the deal from taking place (Beavers, 2015).
Is Holmes obligated to perform the December 9th contract?
Based on the Holmes Company, Luke’s contract was terminated on the 9th of December; hence Luke had no authority to transact any business on the behalf of the company. However, the fact that Holmes had terminated Luke’s contract did not in any way prevent him from making transactions on behalf of the company to third parties except through written communication.
What should Holmes have done differently?
Upon terminating Luke’s contract, Holmes should have made a public notice through newspaper telling its business associates that Luke had no authority to make transactions on behalf of the company. Moreover, Holmes should have informed its respective partners through written, indicating that Luke was no longer authorized to make any transactions on behalf of the company (Feuer, 2015).
Scenario 3
Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.
By employing only Hispanic, Azteca Industries had violated against Title VII of the Civil Rights Act of 1964. In reality, Tittle VII outlaws any manner of discrimination when it comes to employment opportunities that are pegged on race, skin color, religious affiliation, gender or place of origin. The United States Equal Employment Opportunity Commission (EEOC) has the obligation to ensure that all these laws are implemented. In short, Azteca Industries is liable for prosecution (Aiken, Salmon & Hanges, 2013).
References
Aiken, J. R., Salmon, E. D., & Hanges, P. J. (2013). The origins and legacy of the civil rights act of 1964. Journal of Business and Psychology, 28(4), 383-399. doi: http://dx.doi.org/10.1007/s10869-013-9291-z
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
Read the article concerning the "future of real estate closings" in Massachusetts.
After reading the article, please answer the following:
1. Based on the facts outlined in the article and what you have read this week, do you believe that the use of e-contracts at real property closings would be
beneficial to consumers (e.g., buyers and sellers), or do you feel that consumers are going to lose some of their protections by not being present at the
closing? If so, why? If not, why?
For those of you that have purchased real property, please feel free to provide examples from you personal experiences to support your answers.
Your responses to the above should not be less than two (2) paragraphs in length. Also, please review at least two (2) of your classmates’ posts and provide
feedback to them (your feedback should only be a 2-3 sentences at most). Thus, you should make at least three (3) meaningful posts.
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The Impact of Customary Religious and State Law Critically discuss the impact of customary law, religious law and State law on the concept of Zina.
The Impact of Customary Religious and State Law
This is for a class called legal systems of Asia and Africa. After outlining what "zina" is and the rules, punishments and conviction etc about it
is, the impact of customary law, religious law and state law should be discussed. The paper should be written in OSCOLA referencing system. Traditional cultural practices reflect the values and beliefs held by members of a community for periods often spanning generations. Every social grouping in the world has specific traditional cultural practices and beliefs, some of which are beneficial to all members, while others have become harmful to a specific group, such as women.
