Business Law Assignment Week 4

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Week 4 Assignment

Application: Is This Purpose Legal?

The final requirement of a valid contract is that it must be made for a legal purpose. Consider the following situation:

You and Tommy made a $100 bet on the outcome of the Super Bowl. After your team won, Tommy refused to pay you the $100.

Based on the information that you have learned in your reading, write a 150-word paper that answers the following questions about the situation described above:

  1. Could you legally sue Tommy?
  2. Why or why not? Be sure to support your conclusion with facts, definitions, and/or examples.
  3. If you have not already done so, clearly explain what constitutes legal and illegal gambling.
    ***Please use APA formatting.  Also please use quotes from the text/resources.  Please see example of APA formatting below:
    APA Textbook In-text Citations

Reading

  • Course Text: Goldman, A., & Sigismond, W. (2014). Business Law: Principles and Practices (9th ed.). South-Western: Cengage Learning.
    • Chapter 10, “Legality”

      In this chapter, you will examine the last requirement of a valid contract: Legality. You will explore the nature of illegal agreements and the exceptions to the rule that courts will not enforce illegal agreements. Finally, you will be introduced to the agreements that are generally recognized as being illegal in most states.

      Focus on the definitions and concepts provided throughout the chapter. Review and think about the examples and short cases in the chapter that demonstrate the major ideas being conveyed.

    • Chapter 11, “Memorialize Contracts in Writing–Statute of Frauds”

Don’t all contracts need to be put in writing? The answer, actually, is “No.” In fact, the law requires that only a few specific types of contracts must be written in order to be enforceable in court. In this chapter, you will explore the categories of contracts required to be in writing, the validity of oral contracts, and the advantages of creating a written contact. Finally, you will be introduced to the parol evidence rule.

Focus on the definitions and concepts provided throughout the chapter. Review and think about the examples and short cases in the chapter that demonstrate the major ideas being conveyed, and consider the prevalence of oral contracts and the advantages of written contracts.

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discussion

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discussion 1

 

Conducting business via the Internet offers numerous advantages, however; it is associated with other numerous privacy and security issues. The advancement in technology allows small businesses to operate online and on a global level since communication is instantaneous. Many clients can purchase their desired products just by a click of the mouse. However, one of the drawbacks is the major concerns relating to law and the Internet. Although the Internet offers incredible opportunities for conducting business globally, it has resulted in various risks for both consumers and businesses.

One of the major challenges that online business faces today is the issue of balancing the free flow of communication and data with the protection of privacy. It is noteworthy that the new world of electronic communication presents numerous challenges for the law. This affects the main categories of cyber laws that include contracts, tort law, criminal law, and intellectual property. Some of the legal concerns raised by security and privacy issues include fraud, hacking, phishing, identity theft, cookies, and privacy issues, commercial email and privacy, computer crime and privacy, and the constitution and privacy among others. Issues such as phishing, spamming, tracking of cookies cause numerous problems that are harmful, and in a global framework, computer and the Internet has made identity theft a major threat in the business world.

In addition, technology has also impacted the contemporary areas of law such as torts and contracts. Many people use social media and webcams in a torturous manner through the invasion of privacy. Additionally, many people are likely to consent to contracts online by just a click of the mouse even without reading the contracts. More so, sales of goods have become more complicated because the manner in which taxes are assessed is very different. In the future, it will be necessary to align technology with issues of safety to ensure that there is a level playing ground.

It is evident that the law has struggled to catch up with technological advancement, particularly, conducting business online. Even where regulations exist, implementation remains a major challenge. As the global business continues to embrace technology through electrical communication, societies must find a balance between technological advancement and security or privacy issues.

discussion 2

 

Internet domain names are linked to trademark issues. Technology makes it easy to copy and distribute music and movies without paying royalties. Business conducted on the internet raise security and privacy issues. What legal concerns are raised by these issues?

Most of today’s business is done via the Internet; online schooling, online banking, virtual meetings, video streaming, etc. As the rise of Internet use increases, so does cyber crime. In the late 1990s and early 2000s, someone created an online music streaming service, called Napster, that allowed users to download and share music illegally. This was a huge problem because Napster violated many copyright laws. As a result, President Clinton signed into law the Digital Millennium Copyright Act (or DMCA) in 1998. There was a previous law protecting copyright infringement; however, the DMCA amended that previous law and applied to the digital world as well (Rogers, 2012). Lately, movie piracy has become a worldwide problem, and movie apps that allow the illegal use of free movie downloads give users the option to hide anonymously behind VPNs (virtual private networks) for free or sometimes for a small monthly fee. For example, the Popcorn Time movie app allows its users to download and watch movies illegally that are newly released in theaters.

Predict which of these issues will be of major concern in the future in regard to the law and business practices.

As long as the hackers responsible for these cyber crimes are around, these issues will not cease. People rely so much on the Internet that it’s almost impossible to keep any personal information off the Internet. In addition, so many rely on technology to protect their personal information. For example, Google Pay is an app that provides a service to its users to store their credit or debit card information on their phones without having to use the physical card in public to make purchases. Furthermore, many people have had their iClouds hacked on their iPhones after storing personal photos of themselves. As a result of the hacking, there were some celebrities that had those specific photos released online for the world to see.

References:

Rogers, S. (2012). Essentials of Business Law. San Diego, CA: Bridgepoint Education, Inc

discussion 3

 

Controlling foreign businesses operating within a country’s jurisdiction is vital in keeping the sovereignty of a given nation. Many governments try managing such operations through imposing legislation, rules, and regulations, which control the importation of goods as well as services. Most of the laws are violations and infringements of the provisions stipulated in the World Trade Organizations’ (WTO’s) framework. Some of the approaches are genuine attempts aimed at monitoring foreign business reliability with policies imposed on local firms. However, other policies are meant to shield domestic companies from unwarranted international competition (Robbins, Bergman, Stagg, & Coulter, 2014).

Apart from imposing tariffs and policies on entry requirements, nations further try to manage the conduct or behavior of the multinational firms once they inaugurate within their borders. Their behavior control is vital to management since it entails practices, which impact on national economic gains or performance, as well as national control. Issues like taxation, labor laws, capital movements, alongside competition regulations are controlled easily (Spero & Hart, 2010).

Issues faced by U.S. firms while operating in other jurisdictions   

Just like any other multination corporation operating in foreign countries, U.S. companies face myriad of challenges venturing abroad. Obstacles such as hiring the right people for the jobs are unavoidable. Talent acquisition while starting a business is difficult since the hiring team may not be cognizant of the prevailing factors. They also encounter employee management alongside training hitches. That is, effective workers management is essential to bolstered productivity and lowered risks, though, operating overseas may amount to technical difficulties in getting the right people for the job (Grosse, 2005). Besides, identifying the exact market need is cumbersome. The preferences and tastes vary from country to another. Determining the true individual needs of a broad cross-section of the population is not easy (Ristau, 2011).

There are some legal as well as ethical issues, which international businesses should follow. Issues such as variations in the employment laws affect the operations of foreign firms especially U.S. based. Their wages, as well as working environments, are usually superior compared to overseas locations (Adamson, 2010). Therefore, it is imperative to develop the organization’s standards that shield employees while decent into the native economy. Additionally, foreign corporations experience corruption challenges, which is an ethical issue. The U.S Foreign Corrupt Practices Act prohibits malpractices in business operations. Firms which make payments to acquire business are guilty of illegal practices punishable by law. Other ethical issues include pollution alongside environmental concerns, human rights policies, and political factors (Bowie, 2013).

References

Adamson, J. E. (2010). 21st Century Business: Business Law. Boston, MA: Cengage Learning.

Bowie, N. (2013). Business Ethics in the 21st Century. Berlin, Germany: Springer Science & Business Media.

Grosse, R. (2005). International Business and Government Relations in the 21st Century. Cambridge, England: Cambridge University Press

Ristau, R. A. (2011). Intro to business. Mason, OH: South-Western Cengage Learning.

Robbins, S., Bergman, R., Stagg, I., & Coulter, M. (2014). Management VS. Sydney: Pearson Education Australia.

Spero, J. E., & Hart, J. A. (2010). The politics of international economic relations. Boston, MA: Wadsworth Cengage Learning.

discussion 4

 

How do governments attempt to control foreign businesses operating within their borders?

When a business of foreign origin comes to operate within its borders the attempt at controlling this business is through agreements or even treaties. International law cannot be applied to these companies as it is not as simple as one person broke their agreement on a contract, it’s an entire country with not only one company at stake but several.

When U.S. companies do business in other countries, what issues do they face?

The U.S. based companies face many challenges operating in other countries. The rules as well as regulations on things such as exporting, importing, and waste management must be followed. Other countries have different bans on certain products being sold within their country. The contracts on an international scale are completely different, there are language and cultural barriers that must be crossed.

Describe the responsibilities and ethical concerns that you feel are important for U.S. companies to consider when doing business in other countries

There are many responsibilities as well as ethical concerns for U.S. companies in other countries. The laws protecting the environment are very different in other countries and must be followed. Another ethical concern for U.S. companies in other countries is the working conditions, what we as working citizens in America is very different from other countries and the U.S. based companies should not only follow their rules and regulations regarding labor but should also attempt to incorporate some of the luxuries workers are used to in the United States such as mandated breaks would be a great one as well as overall improving the working conditions all together for some workers in some countries. Show the employees respect is the most important thing for any business nowhere there are operating.

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Law homework help

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Application: The Tuskegee Syphilis Study-Applying the Four Ethical Principles

What role do ethics play in medical research?

 

 

 

The Tuskegee Syphilis Study is one of the most important landmark cases related to ethics in medical research. It offers chilling insight into why ethics is so critically important to the advancement of medical research and practice.

 

 

 

To prepare for this Application, review this week’s Learning Resources, paying close attention to those related to the four ethical principles and the Tuskegee Syphilis Study. Consider how the four ethical principles of autonomy, beneficence, non-maleficense, and justice can be applied to this historic case.

To complete this Application, write a 2-page paper that addresses the following:

 

 

 

  • Summarize the Tuskegee Syphilis Study.
  • Identify how each of the four ethical principles can be applied to the case.
  • What are some of the legal and ethical lessons that can be learned from the Syphilis Tuskegee Study?

     

    Your written assignments must follow APA guidelines. Be sure to support your work with specific citations from this week’s Learning Resources and additional scholarly sources as appropriate.

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writing a CREAC structure legal analysis. (law class)

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CREAC and the Objective Memo

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CREAC and Legal Analysis

Golden Rule:

 

Explain the law before you

Apply the law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2

 

3

What is CREAC?

Acronym for:

Conclusion

Rule

Explanation

Rule Examples; Case Illustrations

Application

Legal Analysis; Case Applications

Conclusion (restated)

 

Use CREAC to organize a legal analysis based on one or more cases or authorities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Related Acronyms

TREACC

Thesis

Rule

Explanation

Application

Counter Argument

Conclusion

CRAC

Conclusion

Rule

Analysis

Conclusion

 

 

 

IRAC

Issue

Rule

Analysis

Conclusion

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4

 

5

Conclusion

Your answer to the legal question (issue).

In a memorandum, this is phrased as a statement, not a question.

 

You may refer to your client here, but not in the Rule or Explanation sections.

 

Position:

Most helpful as a heading.

Can repeat as topic sentence.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Conclusion—Examples

As a heading

I. Clifton’s actions toward Gorski during the comedy routine were not so extreme and outrageous that they could be considered “beyond all bounds tolerable to society.”

 

As a topic sentence

The covenant not to compete is unreasonable because the Don Rayne (the employer) imposed restrictions on Peggy Day (the employee) that were not reasonably necessary for the protection of his business.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Rule

“R” stands for the rule or rules that you draw from a statute, case or cases, and/or other authorities concerning the specific issue you are discussing.

No Client Names in the Rule or Explanation Section.

 

Example:

In order to succeed in an action for IIED, a plaintiff must prove four elements: “(1) the wrongdoer’s conduct was intentional or reckless…(2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused the emotional distress; and (4) the emotional distress was severe.” Metropolitan Life Ins. Co. v. McCarson, 467 So. 2d 277, 278-9 (Fla. 1985).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Rule (continued)

Sometimes a RULE will be specific and straightforward.

Statute

Key Precedent Case

 

Example:

Statute XXX.XX interprets the term “weapon” to include a switchblade.

 

What is the rule in our client’s case?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Rule—Synthesized Rules

Synthesized Rules

In Common Law jurisdictions (particularly), sometimes a rule must be created by synthesizing case law.

Also known as an “interpretive” rule.

 

Example:

To be actionable under the theory of IIED, conduct must be “outrageous.” Slocum. Conduct is outrageous where … Korbin. Outrageous conduct includes … Korbin. Outrageous conduct never includes … Slocum

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Rule (continued)

Broad to Narrow

The order in which you present rules is important.

 

Think of the RULE section as an inverted pyramid

(1) Use binding authority (wherever possible) to establish the general rule(s).

(2) State the most general rule first

(3) Order rules in logical order from more general to more specific

 

Example

(1) Elements;

(2) Defenses or Exceptions;

(3) Major requirements;

(4) Minor requirements.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Rule (continued)

Tell the reader up front if any elements or factors are not at issue in your client’s case.

 

Example

In this instant case, there is no dispute regarding whether Sunset Trails is a state-owned park. Furthermore, Mr. Smith admits that he was asleep at the time of his arrest. Accordingly, the only element at issue is whether he was sleeping in a designated “picnic area.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Explanation—Case Illustrations

Case Illustrations

Applies rule to the facts of past cases.

Examples from cases help explain the rule by showing how the rule operated in previous specific situations.

Forms a “spectrum of authority” which you can use to predict the outcome of your case.

Uses “analogy” or “analogical reasoning.”

No Client Names in the Rule or Explanation Sections.

 

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Explanation—Case Illustrations (continued)

Begin with analogous cases and move through the spectrum.

Use transition words or phrases to help the reader understand how the case relates to the rule.

Example:

In Case A, [t.s./facts/holding/reasoning].
Similarly, in Case B, [t.s/facts/holding/reasoning]
In Contrast, in Case C, [t.s/facts/hold/reasoning]
Likewise, in Case D, [t.s/facts/holding/reasoning]

 

Case Illustrations (continued)

 

A complete case illustration contains:

(1) case name;

(2) the relevant facts;

(3) the court’s holding on your legal issue; and

(4) the court’s reasoning (if it would help your audience understand the court’s holding).

 

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Sample Format for a Case Illustration

 

 

In [case name], [facts] happened.

The court held [X].

The court reasoned [Y].

 

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Application

Apply the rule and case illustrations to your client’s facts in order to predict a likely outcome.

 

No Client Names in the Explanation Section.

Never mention your client’s case in the Rule and Explanation sections.

 

Case Applications—Continued

 

Case applications compare the case illustration to the your client’s facts.

Emphasizes relevant similarities or differences between the two cases.

Helps the reader or listener understand the relationships between the case illustration and your client’s facts.

 

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Application—Case Applications

Apply the rule to the facts in your case.

 

Use Analogies (Analogical Reasoning)

Compare the facts and reasoning of your case (where possible) with those of analogous cases.

 

Use statements of similarity and dissimilarity.

Like the buyer in Smith, our client also had no prior knowledge of a dangerous defect.

 

(5) Case Applications (continued)

 

A complete case application should contain the following:

(1) Statement of Like/Unlike

(2) Actor (precedent case)

(3) Action (precedent case)

(5) Actor (client’s case)

(6) Action (client’s case)

(7) Result/Conclusion

 

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Sample Formats for a Case Application

 

Like [case name], in this case [facts] happened. Therefore, the court should reach the same conclusion.

 

Unlike [case name], in this case [facts] happened. Therefore, the court should reach a different conclusion.

 

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Application—Counter Arguments

Consider potential counter arguments (arguments that do not support your conclusion).

 

State the counter argument, then explain why it is not likely to change your thesis or prediction.

 

Example

The defendant may argue that no negligence existed because they were unaware of the defect. However, this argument is not likely to be persuasive because lack of knowledge is not a defense in a product liability case.

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Conclusion (Reiterated)

Predict the outcome.

“The court will likely find …”

 

 

Make it fact-specific to your client’s case.

“Based on facts a, b and c, Plaintiff will be able to demonstrate …”

 

It may seem repetitive, but it reinforces the structure of your analysis.

 

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Business Law Briefing Case 1

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Please use writting form I give you at belw, and read the case at attachment, then write 1 – 2 page briefing case.

 

Briefing Cases:

Selected cases are assigned for almost every class to be briefed as follows:

 

1. Name of the case and citation

2. Statement of the facts

3. Issue(s) or question(s) of law

4. Plaintiff’s arguments

5. Defendant’s arguments

6. Opinion and decision of the court

 

Explain the relevant law 

Apply the facts to the law 

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Forensic Science

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Answer one of the below questions that has not been answered by anyone else, and then respond to submissions from at least two classmates

Option 1: List and describe the general features of bloodstain formation.

Option 2.  A criminalist studying a dyed sample hair notices that the dyed color ends about 1.5 centimeters from the tip of the hair.  Approximately how many weeks before the examination was the hair dyed?  Explain your answer.

Option 3.  Following are descriptions of several hairs.  Based on these descriptions, indicate the likely race of the person from whom the hair originated.
a.  Evenly distributed, fine pigmentation.
b.  Continuous medullation.
c.  Dense, uneven pigmentation.
d.  Wavy with a round cross-section.

Option 4.  Criminalist Pete Evett is collecting fiber evidence from a murder scene.  He notices fibers on the victim’s shirt and trousers, so he places both of these items of clothing in a plastic bag.  He also sees fibers on a sheet near the victim, so he balls up the sheet and places it in as separate plastic bag.  Noticing fibers adhering to the windowsill from which the attacker gained entrance, Pete carefully removes it with his fingers and places it in a regular envelope.  What mistakes, if any, did Pete make while collecting this evidence?

Option 5.  You are investigating a hit-and-run accident and have identified a suspect vehicle.  Describe how you would collect paint to determine whether the suspect vehicle was involved in the accident.  Be sure to indicate the tools you would use and the steps you would take to prevent cross-contamination.

Option 6.  While investigating a murder scene, police gather evidence that includes a dead body riddled with stab sounds, fingerprints on a bloody knife found near the body, and a ticket stub from a theater several miles away from the scene.  Detectives determine that the knife belongs to the victim, but matched prints on the knife to an acquaintance of the victim.  When questioned, the acquaintance claims he was at the movies at the time of the murder – the same movie shown on the ticket stub at the scene.  What direct physical evidence connects the acquaintance to the crime scene?  What circumstantial evidence connects him to the scene?  What can you conclude about the acquaintance’s involvement solely from direct physical evidence and deductive reasoning?  What might you conclude considering circumstantial evidence and inductive reasoning as well?

Option 7: Criminalist Mick is collecting evidence from a fire scene.  He gathers about a quart of ash and soot debris from several rooms surrounding the point of origin.  He stores the debris in a new, clean paint can, filled about three-quarters full.  Seeing several pieces of timber he believes may contain accelerant residues, he cuts them and places them in airtight plastic bags.  A short time later a suspect is arrested and Mick searches him for any signs of an igniter or accelerant.  He finds a cigarette lighter on the suspect and seizes it for evidence before turning the suspect over to the police.  What mistakes, if any, did Mick make in collecting the evidence?

Option 8: List and describe the four types of impact bloodstain spatter patterns.

Option 9: What are the characteristics of gunshot spatter and of cast-off spatter?

Option 10: Describe the procedures to document bloodstain pattern evidence.

Option 11: List and give the characteristics of seven of the major generic fibers not addressed by another student.

Option 12: The identification and comparison of manufactured fibers consists of at least three examinations and comparisons.  List and describe them.

Option 13: Briefly describe the chemistry of fire.

Option 14: Define conduction, radiation, and convection.

Option 15: List the characteristics of a fire scene that would indicate the use of accelerants.

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INTRODUCTION TO SOCIOLOGY: SOCIETY, CULTURE AND CHANGE

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Outline how we might apply the sociological imagination (in its historical, cross-cultural and critical dimensions) to a current social problem like poverty, unemployment, domestic violence, suicide or environmental degradation?
(1000-1250 Words)

guidelines:
It is an expectation that students will consult at least six scholarly sources in writing this particular assignment, which should be evident in the referencing and reference list. Please avoid quoting directly from the sociological dictionary, as this is a thinking exercise requiring research. It is also inadvisable to quote the lectures directly as these are based on a variety of extant sources and you should ask the lecturer to direct you to the relevant source for a particular study or theory referred to in the lectures if you want to use this material.
Assessment Criteria:
As a general rule, the marking of all written assignments and essays will be informed by the following criteria, which are offered as a guide to students in developing their work.
NB: Please note that the following criteria are not ranked in any order of importance:
1. Structure:
How effectively is the material presented, organised and logically ordered?
Does the presentation of material indicate evidence of careful reading in its planning, preparation and writing?
Does your essay have an introduction, body and conclusion?
2. Introduction:
How well does the introduction identify and formulate an argument or main claim for the discussion?
Does it state the aim of the essay and introduce the topic?
Does it give the reader an overview of what is to follow?
3. Argument:
Is the main claim or thesis, presented in a logically coherent manner?
Is the argument adequately supported through the use of properly referenced and appropriate evidence?
4. Content:
Does the substantive content of the discussion indicate that the analysis is detailed and critical?
Are all major issues considered?
Is there recognition of conflicting theories and explanations?
Is the material presented relevant to the topic or essay question?
5. Originality:
Does the discussion indicate originality and independence of thought?
Does the student raise their own questions and develop their own arguments?
6. Conclusion:
Have the main points been summarised?
Has a conclusion been stated?
Are the concluding statements justified on the basis of what has been presented in the body of the assignment?
Page 6
Course Outline: Introduction to Sociology: Society, Culture and Change (SCS110)
Date of original approval: 26.11.02 Date of most recent change: 14/7/2010
Date of discontinuation:
Current form version: 23 Sept 04
7. Referencing:
Is all the research material adequately referenced and documented by the use of citations, quotations and a reference list?
Has the Harvard style of referencing been used correctly?
8. Clarity of Expression and Presentation:
Is the quality of the expression clear?
Is the grammar, punctuation and spelling correct?
Is the question clearly identified?
Are the pages numbered?
Are the font size (12 point) and line spacing (double) correct?
Is the coversheet attached?

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BMAL 590 Business Ethics

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The study of business ethics is important to better understand all of the following except

A
that a person’s own moral philosophies and decision-making experiences may not be sufficient to guide him or her in the business world.
B
how and why people make ethical or unethical decisions.
C
how to cope with conflicts between a person’s own values and those of the organization in which he or she works.
D
that business ethics is merely an extension of an individual’s own personal ethics.
E
how to identify ethical issues that arise in the business world.

Social responsibility is

A
an organization’s obligation to maximize its positive effects and minimize its negative effects on stakeholders.
B
principles and standards that guide behavior in the world of business.
C
a business’s responsibility not to pollute the environment.
D
a business’s responsibility to manufacture products that function properly without harming consumers.
E
charitable contributions made by a business to enhance its image.

Which of the following was (were) developed in the 1980s to encourage corporate support for ethical conduct by establishing a method for discussing “best practices?”

A
Federal Sentencing Guidelines for Organizations
B
Defense Industry Initiative on Business Ethics and Conduct
C
Corporate Codes of Conduct
D
United States Sentencing Commission
E
MERCOSUR

The _______________ was (were) enacted to restore confidence in financial reporting and business ethics after the accounting scandals of the early 2000s.

A
Defense Industry Initiative on Business Ethics and Conduct
B
Federal Sentencing Guidelines for Organizations
C
Sarbanes-Oxley Act
D
Foreign Corrupt Practices Act
E
Ferrell-Fraedrich Act

In the history of business ethics, the 1990s can best described as a time when business ethics was

A
formalized.
B
consolidated.
C
institutionalized.
D
popularized.
E
marginalized.

Which of the following is not one of the rewards for being ethical and socially responsible in business?

A
Greater employee commitment
B
Greater employee turnover
C
Improved customer trust and satisfaction
D
Increased investor willingness to entrust funds
E
Better financial performance

When employees see honesty, respect, and trust applied frequently in the workplace, they

A
feel less pressure to compromise ethical standards.
B
observe less misconduct.
C
are more satisfied with their organizations overall.
D
feel more valued as employees.
E
All of these.

Most strong organizational climates focus on the value of placing _________ interests first.

A
customers’
B
employees’
C
stockholders’
D
suppliers’
E
distributors’

To be successful, relationships with investors must rest on dependability, ________, and commitment.

A
profits
B
dividends
C
confidence
D
trust
E
code of ethics

The rise of consumerism occurred during the

A
1940s
B
1950s
C
1960s
D
1970s
E
1980s

C
Which of the following is the first step in the ethical decision-making process?

A
Being socialized into the firm’s corporate culture
B
Applying a personal moral philosophy
C
Recognizing that an issue requires an individual or work group to make a choice that ultimately will be judged by stakeholders as right or wrong
D
Soliciting the opinions of others in the work group and the overall business
E
Enforcing the firm’s ethical standards with rewards and punishment

Which of the following is not one of the six “spheres of influence” to which individuals are subject when confronted with an ethical issue?

A
Education
B
Workplace
C
Family
D
Legal system
E
Community

Which statement best describes the relationship between those who believe in external control (externals) and those who believe in internal control (internals)?

A
Externals believe that they control events in their lives by their own effort and skill, while internals believe in going with the flow.
B
Both groups believe in going with the flow.
C
Both groups believe that they are in control of their destinies.
D
Externals believe in going with the flow, while internals believe that they control events in their lives by their own effort and skill.
E
Both groups believe that they control events in their lives by their own effort and skill.

Obedience to authority is part of which of the following components of the ethical decision-making framework?

A
Moral philosophy
B
Cognitive moral development
C
Individual variables
D
Opportunity
E
Superiors

External rewards and internal rewards relate to which part of the ethical decision-making framework?

A
Individual factors
B
Opportunity
C
Cognitive moral development
D
Intentions
E
Significant others

It is impossible to agree on ________ judgments about what is ethical.

A
normative
B
descriptive
C
regular
D
acceptable
E
typical

The role of leadership in developing an ethics program includes all of the following except

A
maintaining commitment from top managers.
B
providing timely training to reinforce knowledge.
C
ensuring consistent implementation.
D
carefully archiving and not distributing the ethical policies of the firm.
E
communicating ethical standards through multiple channels.

The ________ leader values people, their emotions, and their needs, and relies on friendship and trust to promote flexibility, innovation, and risk-taking.

A
coercive
B
pacesetting
C
democratic
D
authoritative
E
affiliative

What is the difference between transactional leaders and transformational leaders?

A
The former are emotional leaders, whereas the latter are stoic leaders.
B
The former attempt to create employee satisfaction through negotiating or bartering, while the latter strive to raise employees’ level of commitment and foster trust and motivation.
C
The former set low standards for employees, whereas the latter set high standards.
D
The former set high standards for employees, whereas the latter set low standards.
E
The former strive to raise employees’ level of commitment and foster trust and motivation, while the latter attempt to create employee satisfaction through negotiating or bartering.

Which of the following statements is false regarding strong ethical leaders?

A
Strong ethical leaders are reactive.
B
Strong ethical leaders are proactive.
C
Strong ethical leaders have strong personal character.
D
Strong ethical leaders are role models for the organization’s values.
E
Strong ethical leaders are competent managers who take a holistic view of the firm’s ethical culture.

A
An unconscious reference to one’s own cultural values, experiences, and knowledge is referred to as the

A
cultural reference criterion.
B
unconscious cultural criterion.
C
cultural-self criterion.
D
self-reference criterion.
E
unconscious cultural-self criterion.

Cultural differences in _______ may result in international ethical issues if a businessperson stands far away from a customer during negotiations and the customer regards it as a personal insult.

A
price negotiations
B
local discrimination
C
multinational corporations
D
time perception
E
body language

The defense of paying bribes and other questionable practices in other countries is called

A
relativism.
B
corporate relativism.
C
cultural relativism.
D
adaptability.
E
cultural malaise.

Which of the following created an international ethics code?

A
Federation of Korean Industries
B
Organization of Petroleum Exporting Countries
C
U.S. Foreign Corrupt Practices Act
D
Omnibus Trade and Competitiveness Act
E
Caux Round Table

Which of the following is not a criticism of or charge against multinational corporations?

A
They transfer jobs overseas, where wage rates are lower.
B
They increase the gap between rich and poor nations.
C
They pay high taxes everywhere.
D
They exploit the labor market of host countries.
E
They have an unfair advantage when competing with local businesses.

Discrimination in international business

A
is often justified on the basis of local cultural norms and values.
B
does not exist.
C
is never justified on the basis of cultural norms and values.
D
is wrong because it violates U.S. laws.
E
reduces conflict between cultures.

Gouging is

A
different prices charged to different groups of customers.
B
a price increase that exceeds the costs of additional expenditures, such as transportation and taxes.
C
selling products for high prices in domestic markets while selling the same products in foreign markets for low prices that do not cover all the costs of exporting the products.
D
ethical.
E
the international price of a specific product.

All of the following are listed as steps that companies can take to address discrimination issues except

A
establish a company policy on discrimination.
B
develop an action plan.
C
take action.
D
list all possible discrimination acts in the policy.
E
identify indicators of possible noncompliance.

Which of the following prohibits U.S. companies from offering or providing payments to officials of foreign governments for the purpose of obtaining or retaining business abroad?

A
Sullivan Act
B
Eckhardt Amendment
C
Foreign Corrupt Practices Act
D
Omnibus Trade and Competitiveness Act
E
Sarbanes-Oxley Act

Traditionally safe and adequately tested products may still harm consumers and thus create ethical issues because

A
they discriminate against some types of customers.
B
of illiteracy, unsanitary conditions, or cultural values.
C
of chemical reactions with local water supplies.
D
of improper advertising and sales promotion.
E
they may boost a nation’s military advantage.

___________ means using or transferring illegally received funds in a financial transaction to conceal their source or ownership or to facilitate an illegal activity.

A
Money laundering
B
Electronic funds transfer
C
Counterfeiting
D
Unethical funds transfer
E
Gouging

Which of the following has the power to enact legally binding ground rules for international commerce and trade policy?

A
Caux Round Table
B
Global Sullivan Organization
C
Federal Trade Commission
D
Global Commerce Association
E
World Trade Organization

E
The primary responsibility of ensuring that ethical, legal, and social standards are adhered to within a business rests with

A
the investors.
B
the government.
C
the management board.
D
the employees.
E
the customers.

How can a company align the interests of its owners with those of its managers through executive compensation?

A
By significantly reducing executive pay across the board
B
By basing compensation on performance and achievement of goals
C
By setting executive compensation at a level equal to the industry average
D
By capping executive compensation at ten times that of the lowest-paid employee
E
By basing salaries on seniority within the company

The agency problem, wherein ownership and control of a corporation are separate, is associated with

A
the shareholder model of corporate governance.
B
the stakeholder model of corporate governance.
C
the ethical model of corporate governance.
D
the agency model of corporate governance.
E
the investor model of corporate governance.

Which of the following are typically not secondary stakeholders?

A
The media
B
Special-interest groups
C
Customers
D
Trade associations
E
None of the above

Assessment of corporate culture will help with all of the following except

A
identifying the goal/mission of the organization.
B
identifying the values that underlie the organizational functioning.
C
determining the issues that need prioritized attention.
D
determining the line of business.
E
identifying key stakeholders.

Those who have a claim on some aspect of a firm’s products, operations, markets, industry, or outcomes are known as

A
shareholders.
B
stockholders.
C
stakeholders.
D
claimholders.
E
special-interest groups.

A stakeholder orientation is not complete unless it includes

A
finance.
B
marketing.
C
special-interest groups.
D
activities that actually address stakeholder issues.
E
accounting.

Which of the following is not one of the four hierarchical levels of social responsibility?

A
Ethical
B
Economic
C
Communal
D
Philanthropic
E
Legal

The reputation of a company as a good corporate citizen is influenced by

A
the extent of geographic coverage of the company’s operations.
B
the width and depth of the product line offered.
C
whether the company is global or local.
D
the attitude and behavior of the company toward the community of which the company is part.
E
the industry the company is part of.

Fiduciaries are persons in positions of ___________ who use _________ and _________ in acting on behalf of the best interests of the ______________.

A
control; strategy; decisions; consumers
B
trust; due care; loyalty; organization
C
importance; power; market intelligence; shareholders
D
senior management; information; intelligence; community
E
decision making; caution; allegiance; stakeholders

The three main components of corporate governance are

A
accountability, oversight, and control.
B
responsibility, formalization, and influence.
C
audits, omissions, and checks.
D
community welfare, employee benefits, and shareholder wealth maximization.
E
adherence to legal, ethical, and economic standards.

A
Fostering ethical decision making within an organization requires improving the firm’s ethical standards and

A
conducting simulation exercises.
B
improving unethical persons.
C
terminating ethical persons.
D
terminating unethical persons.
E
securing ethical suppliers.

Which of the following statements about codes of conduct is false?

A
They are formal statements of what an organization expects in the way of ethical behavior.
B
They guarantee an ethical business climate.
C
They help employees determine what behaviors are acceptable.
D
They provide rules and guidelines for employees to follow.
E
They should be specific enough to be reasonably capable of preventing misconduct.

A(n) _____ orientation creates order by requiring that employees identify with and commit to specific required conduct, whereas a(n) _____ orientation strives to develop shared standards.

A
obedience; values
B
compliance; values
C
legal; values
D
values; compliance
E
values; obedience

At the heart of the Federal Sentencing Guidelines for Organizations is the

A
“tit-for-tat” philosophy.
B
Golden Rule philosophy.
C
Iron Rule philosophy.
D
carrot-and-stick philosophy.
E
utilitarian philosophy.

Which of the following places more pressure on ethics officers to monitor financial and sales reporting?

A
Sarbanes-Oxley Act
B
Federal Sentencing Guidelines for Employees
C
Ethics Officer Responsibility Act
D
Sherman Antitrust Act
E
Enron Financial Responsibility Act

All of the following are useful in monitoring ethical conduct and measuring the effectiveness of the ethical program except

A
observation of employees.
B
internal audits.
C
firing.
D
surveys.
E
reporting systems.

Which of the following is not a typical activity for an ethics officer?

A
Coordinating the U.S. Sentencing Commission annual ethics audit
B
Assessing needs and risks that the ethics program must address
C
Developing and distributing a code of ethics
D
Conducting ethics training programs
E
Monitoring and auditing ethical conduct

Which of the following is a common mistake made in implementing an ethics program?

A
Setting realistic and measurable program objectives
B
Developing materials that do not meet the needs of the average employee
C
Adapting a firm’s ethics program for its international operations
D
Allowing employees to practice the skills they learn in ethics training through case studies and/or group exercises
E
Management taking “ownership” of the ethics program

One of the most effective methods of ethics training is

A
videos that demonstrate ethical decisions in the real world.
B
religious training.
C
surveys.
D
exercises in resolving ethical dilemmas that relate to actual situations employees may face on the job.
E
lectures.

______serve as a central contact point where critical comments, dilemmas, and advice can be assigned to the person most capable of handling the specific case.

A
Training programs
B
Mission statements
C
Codes of conduct
D
Help lines
E
Boards of directors

An organizational ethics program should help reduce the possibility of penalties and

A
positive public reaction to misconduct.
B
negative public reaction to ethical conduct.
C
negative public reaction to misconduct.
D
positive public reaction to ethical conduct.
E
indifferent public reaction to conduct.

C

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answer questions

/in /by

Name ___________________________

FRL 4263 Midterm

Answers should be clear, concise, complete and accurate.   When submitting to the instructor (lcschuh@cpp.edu) put your name as the subject of the e mail.  Also include the following at the end of the email,” I didn’t use any outside material including but not limited to textbook, and notes. Nor did I discuss the questions with anyone else”

 

1. Why is culture considered a major factor in negotiating with an individual of another culture? How do you minimize the culture impact?

 

2. You have been invited to the home of your Italian buyer. The dinner guest includes you, the CEO of the Italian company and the marketing manager. After several “warming up” drinks of local wines, the marketing manager started to explain why the market for your products just isn’t getting off the ground. He explained that the constant change in governments has made an environment where people don’t want to spend. He then says, how does the Americans keep a government in place for four years, … you got to tell us the secret of this longevity and you say….

 

 

3. What is the importance of the Montreal Convention in international airline transportation and do you agree or disagree with it? Why?

 

4. You are getting prepared for an upcoming negotiation with representatives of a company in another country. Your boss looks at your proposed agenda and she asks, “Please explain why you have the logistics terms and conditions near the start of negotiations and the judicial venue near the end?” You advise.

 

5. Your client company is in a CIGS signatory country. As an American company, your boss advises the UCC is much better than the CISG and the client has in several recent meeting stated their appreciation for the efficiency and flexibility of the UCC. Your client calls and asks if there is any way the UCC could be used in the upcoming negotiations rather than the CISG. What do you say and why?

 

6. In a meeting between your Company Chief Executive Officer (CEO) and the supplier’s CEO, it was agreed that the dispute could not be settled due to the entirely different understandings the parties have regarding the quality clause of the contract. Since 8 million EURS are tied up in escrow, both sides would like a quick resolution. What is your advice?

 

7. What are the differences between a letter of credit and a standby letter of credit?

 

8. Lee Schuh has the bank of Pomona (Federal bank) issue a letter of credit valued at $96,000t which will pay upon presentation of the (1) clearance of customs in Long Beach; (2) Bill of Lading made out to Lee Schuh: and (3) Execution of Inspection as to quality and quantity signed by Lee Schuh. The Bank of Pomona receives a custom clearance from Port of Los Angeles, Bill of Lading made out to Lee C. Schuh and An Execution of inspection signed by Lori Schuh. Should the Letter of credit be paid? Why?

 

9. What is a Documentary Sale and when would it be appropriate?

 

10. Lee’s House of Imports, Inc. has ordered 500 gross of ball point pens from Joho, LTD, headquarters and plant in Liberia, Africa. Delivery was to be made on June 16, 2019 or earlier. On June 20, 2019, the Import manager called the Operations Manager for Joho to obtain new delivery date. The Operations Manager said the goods have been at the San Pedro port since June1, 2019 but U.S. Customs won’t process the order. What are possible reasons for the hold up in customs?

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cases responses

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I have 4 cases study in Law and i need answer questions for each case.

 

I need more specific answer for each question correctly.

 

THank you

 

 Case 1:

1. Legal Cognizance

1. Facts:

2. Briefly describe the facts.

DiLorenzo was employed by Valve & Primer Corporation, and claims that the corporation offered him a ten-year stock option in 1987.  DiLorenzo further claims that he stayed with the company for an additional nine years in reliance of that employment agreement.  Valve & Primer claim no agreement was made in regards to a stock purchase option.  In 1996, DiLorenzo attempted to “tender his remaining one hundred shares pursuant to a stock redemption agreement” as he entered into a semi-retirement.  He was fired shortly after, so he claims that the stock agreement should be enforced by (1) validity, and if not valid then by (2) promissory estoppel.

Which facts were key to the outcome?

DiLorenzo claims reliance on stock option to continue employment.  The only purported proof of such an agreement is an “unsigned copy of board meeting minutes of which DiLorenzo had the only copy.  No mandatory requirement of staying employed by the company to make the election to purchase the stock at the option price.

2. Legal issue:

3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?

Past consideration and promissory estoppel.

 

1. What are all of the elements of the main legal rule that this case illustrates? For instance, if the case is about undue influence, list ALL of the elements that the court in this case said had to be proven by the plaintiff.

Past consideration: no valid consideration if promise is for an act already done. Promissory estoppel makes a noncontractual promise enforceable when there was detrimental reliance on the promise.

Repeat 2. for each issue raised.  (For example, a case may discuss 1. Whether there is an implied-in-fact contract, and II.  Whether the UCC or common law applied.  If so, you will repeat 2. for each of these two issues.)

1. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications

2. Prevailing party’s point of view:

3. What legal arguments were made by the prevailing party?

Valve & Primer argued that there is no consideration that would make the stock agreement valid and that DiLorenzo could not prove detrimental reliance that would create grounds for promissory estoppel.

 

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?

No legal detriment to DiLorenzo validating consideration and promissory estoppel requirements were not met.

 

1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?

Valve & Primer did not believe they needed to uphold the stock option agreement because they had no documentation of such a promise and they did not feel DiLorenzo had adequate reasoning for upholding the agreement.

Repeat 3. for each and every issue in the case.

4. Losing party’s point of view:

5. What legal arguments were made by the losing party?

DiLorenzo argued that because he relied on the promise of stock options he deserved that the option be enforced.

 

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party?

DiLorenzo claimed promissory estoppel on the grounds that he relied on the stock option to stay with the company

 

1. What were the probable motivations behind the losing party’s actions leading up to the dispute? After the dispute?

DiLorenzo claims to be held back from greater career opportunities because he relied on the company’s promise of a stock option agreement if he stayed with the company.

Repeat 4. for each and every issue in the case.

5. Judge’s point of view:

6. How did the court rule on each argument?

The appellate court ruled in agreement with the trial court in that no consideration was present and requirements of promissory estoppel were not met.

 

1. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?

Validity of consideration to make a promise enforceable and the requirement of justifiable reliance on a promise for promissory estoppel.

 

1. What were the probable motivations behind the judge’s decision?

Based on the above facts and reasoning, no matters present justified enforcing the promise made to DiLorenzo.

Repeat 5. for each ruling made by the judge.

 

1. Find Recent Developments and Diverse Theories, Synthesize, and Compare

 

6. Different Rules: Pose the question “What if the court adopted a different legal rule?”

 

1. Search the web for other articles to refer to in your article or call an attorney or business professional who may have experience with this type of issue. Write a brief one-paragraph summary of this case or article:

Drennan v. Star Paving Co. involves a subcontractor bid of $7,100 submitted by Star Paving to Drennan for construction of a public school.  Drennan used Star Paving’s bid in preparation of his final bid to gain the contract for the construction.  Star Paving then said that they underestimated the costs and would not do the work for anything less than $15,000.  Drennan then hired a new subcontractor that completed the work for $11,000.  Drennan sued Star Paving for the difference between the original bid of $7,100 and the amount of $11,000 paid to the new subcontractor on the grounds of promissory estoppel.  The courts ruled in favor of Drennan because all requirements for promissory estoppel were met.

 

1. Ponder and reflect to compare this case to recent news and cases. This is the really cool part.  You will be thinking like a legally astute manager, owner, or professional as you read, analyze and compare cases to draw your conclusions.  Some neat ideas to help with your analysis:  If the outcomes of the recent cases you found are different, can you make sense of the different outcomes?  Are there different legal standards that make for different outcomes?  Is there a trend leaning more in favor of a plaintiff or defendant’s position?  Are the outcomes the same or different simply because the facts are similar or dissimilar?  What accounts for the same or different results?  Write your thoughts here:

I found many cases relating to the issue of promissory estoppel and how the courts were trying to rule when this issue was involved.  The ruling for these cases seem to involve first looking at whether there is consideration that would make promissory estoppel an invalid argument.  Such is the case in both DiLorenzo v. Valve & Primer Corporation and Drennan v. Star Paving Co.  In both of these cases, there was found to be no consideration that would make for an enforceable contract.  The courts then look at whether the requirements for promissory estoppel are met.  These requirements include having a clear and definite offer, a reliance on the offer made, and only being able to avoid injustice if the promise is made enforceable.  In regards to how courts will tend to treat this issue, on the Drennan v. Star Paving Co. a mention was made that this case has been influential in determining the approach to applying promissory estoppel in similar cases.

 

1. Creative, Application and Critical Thinking Questions

2. Your point of view of the case in the book:

3. Do you agree or disagree with the actual outcome? Why or why not?

I agree based strictly on the facts presented that DiLorenzo could not confirm the level of his reliance on the agreement made and the fact that the only documentation of the agreement was held unsigned by DiLorenzo. But I do feel like if DiLorenzo, in his understanding of the agreement, stayed with the company for the reason of exercising the stock options, he should be given some type of compensation.

 

1. Change it up: Pose the question “What if the facts were different?”  Create changes to the facts that would probably result in a different outcome of the case and, using critical thinking and legal reasoning, tell why your change in facts would make a difference.

If there was a signed contract between DiLorenzo and Valve & Primer Corporation stating that he would have the right to exercise the stock option in 10 years and if still employed by the company, then the promise of the stocks should be enforced upon promissory estoppel because he stayed with the company knowing the documented requirement of continued employment.

 

1. Relate the case to your own experience, if applicable, or to the experience someone else has shared with you.

The Lawrenceburg Golf and Country Club general manager claims he received a promise of lifetime membership upon entering into the GM position, but the current board has no documentation of such a promise being made.  Now that this GM no longer is employed by the club, he is trying to have his promise for lifetime membership enforced.  The current board is not willing to honor this claim based on the fact that no documentation has been found to prove this employment benefit.

 

1. How will you apply the lessons from this case to your future career?

Make sure to understand completely employment agreements and options available.

 

1. Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field.

Maintain complete documentation of board meeting minutes and all employment contracts for which a future option will be related to.

 

 

Case2:

CASE NAME: __New England Rock Services, Inc. v. Empire Paving, Inc.__

 

A. Legal Cognizance

 

1. Facts:

2. Briefly describe the facts.

Empire Paving, Inc. entered into a contract with New England Rock Services, Inc. for subcontracting services.  Problems arose that made Rock Services job more difficult, leading to an agreed upon amendment to the contract to change the method of payment to Rock Services from Empire Paving.  After work was completed, Empire refused to pay the remaining balance due as a result of the amended contract.

 

1. Which facts were key to the outcome?

The amendment was agreed upon and signed.  Empire failed to do their part in controlling water.

2. Legal issue:

3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?

Modification of a Preexisting Contract

 

1. What are all of the elements of the main legal rule that this case illustrates? For instance, if the case is about undue influence, list ALL of the elements that the court in this case said had to be proven by the plaintiff.

Modifications to a preexisting contract “must be supported by mutual consideration to be enforceable” (pg. 230).

Repeat 2. for each issue raised.  (For example, a case may discuss 1. Whether there is an implied-in-fact contract, and II.  Whether the UCC or common law applied.  If so, you will repeat 2. for each of these two issues.

B. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications

1. Prevailing party’s point of view:

2. What legal arguments were made by the prevailing party?

Rock Services argued that “Empire’s duty to control or remove the water on the job site arose in accordance with the custom and practice in the industry and, therefore, Empire’s failure to control or remove the water on the site constituted a new circumstance…” (pg. 233),

 

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?

The issue is in Empire not controlling or removing the water which was their duty, thus giving new consideration for an amended contract by exception of the preexisting duty rule.

 

1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?

They felt they deserved their money because they had an agreed upon amended contract.

Repeat 3. for each and every issue in the case.

4. Losing party’s point of view:

5. What legal arguments were made by the losing party?

Empire argued that the water conditions did not give rise to new circumstances that would make an amended contract valid.

 

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party?

The preexisting duty rule in that Rock Services was already required by contract to perform the work.

 

1. What were the probable motivations behind the losing party’s actions leading up to the dispute? After the dispute?

Empire believed no valid consideration occurred to allow for the amended contract to be valid.

Repeat 4. for each and every issue in the case.

5. Judge’s point of view:

6. How did the court rule on each argument?

In favor of New England Rock Services, Inc.

 

1. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?

The doctrine of consideration and the existence of a new consideration allowing for a change to the original contract per the exception to the preexisting duty rule.

 

1. What were the probable motivations behind the judge’s decision?

Rock Services were rightfully owed the money based on the amended contract because the the new consideration came about because of Empire’s failure to perform their duty.

Repeat 5. for each ruling made by the judge.

 

C. Find Recent Developments and Diverse Theories, Synthesize, and Compare

 

6. Different Rules: Pose the question “What if the court adopted a different legal rule?”

 

1. Search the web for other articles to refer to in your article or call an attorney or business professional who may have experience with this type of issue. Write a brief one-paragraph summary of this case or article:

Alaska Packers’ Association v. Domenico relates to the issue of new consideration allowing for an enforceable modified contract.  In this case, Domenico was hired by Alaska Packers’ Association to fish for salmon in a remote location for a brief period of time for $50 plus 2 cents for each salmon caught.  After beginning the work, Domenico demanded an increase in pay to $100, to which the company agreed due to the brief time restraint and remote location that made finding new workers difficult.  At the end of the season, Alaska Packers refused to pay more than the price listed in the original contract.  Domenico filed a lawsuit saying the nets were defective, and the extra pay should be honored.  The trial court found the Domenico’s issue fell under the preexisting duty rule and no new consideration was present.  Domenico appealed and the judgement was reversed, although from the facts listed, I do not see reasoning for a reversal in judgement.

 

1. Ponder and reflect to compare this case to recent news and cases. This is the really cool part.  You will be thinking like a legally astute manager, owner, or professional as you read, analyze and compare cases to draw your conclusions.  Some neat ideas to help with your analysis:  If the outcomes of the recent cases you found are different, can you make sense of the different outcomes?  Are there different legal standards that make for different outcomes?  Is there a trend leaning more in favor of a plaintiff or defendant’s position?  Are the outcomes the same or different simply because the facts are similar or dissimilar?  What accounts for the same or different results?  Write your thoughts here:

Many cases similar to these two follow the same procedures in validating or invalidating new consideration when trying to determine whether the preexisting duty rule is applicable.  The trial courts seem to be consistent in determining whether the preexisting duty rule applies or if there is an exception to the rule.  The courts seem to be strict on determining whether new consideration is present, as further described in Stilk v. Myrick, where two crewmen deserted their ship and the remaining crew tried to split their earnings, which the court did not enforce.  

 

D. Creative, Application and Critical Thinking Questions

1. Your point of view of the case in the book:

2. Do you agree or disagree with the actual outcome? Why or why not?

Yes, I agree because Rock Services job was made more complicated by Empire not performing what was expected of them, so they were right in requesting more money to finish the job.

 

1. Change it up: Pose the question “What if the facts were different?”  Create changes to the facts that would probably result in a different outcome of the case and, using critical thinking and legal reasoning, tell why your change in facts would make a difference.

If the water issue was completely out of the realm of Empire’s preemptive duty, then Rock Services would not have an enforceable amended contract because there would be an exception to the preemptive duty rule.

 

 

 

 How will you apply the lessons from this case to your future career?

Perform my job at the level required of me and complete my obligations to avoid further expenditures.

 Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field.

For Empire’s sake, make sure you are performing the duties you are expected to perform adequately, so as to not give rise to a company’s ability to increase their expenses as a result of your inadequacy.

 

Case3:

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CASE NAME: __Pearsall v. Alexander____

 

1. Legal Cognizance

 

1. Facts:

2. Briefly describe the facts.

In this case, Harold Pearsall and Joe Alexander each purchased a “package,” which they typically share consisting of vodka, orange juice, cups, and lottery tickets.  Pearsall purchased the first package to which Alexander agreed he wanted to share.  Pearsall’s purchased tickets were worthless, so Alexander went back to purchase a second “package,” including a lottery ticket worth $20,000. Alexander then refused to split the profit with Pearsall.

 

1. Which facts were key to the outcome?

Key facts were Alexander responding “Yes” when asked by Pearsall if he wanted to share the first pair of tickets that were purchased, and the inference that Alexander was continuing their usual practice of sharing the tickets when he and Pearsall each scratched off a ticket with the second set.

2. Legal issue:

3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?

The presence of consideration, more specifically the presence of legal sufficiency.

 

1. What are all of the elements of the main legal rule that this case illustrates? For instance, if the case is about undue influence, list ALL of the elements that the court in this case said had to be proven by the plaintiff.

Elements of consideration are (1) legal sufficiency and (2) bargained-for exchange. The element of legal sufficiency is either a legal detriment to the promise or a legal benefit to the promisor (pg. 225).

Repeat 2. for each issue raised.  (For example, a case may discuss 1. Whether there is an implied-in-fact contract, and II.  Whether the UCC or common law applied.  If so, you will repeat 2. for each of these two issues.)

1. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications

2. Prevailing party’s point of view:

3. What legal arguments were made by the prevailing party?

An agreement existed between Pearsall and Alexander to split the winnings of the lottery tickets.

 

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?

Alexander gave his consent in answering “yes” to Pearsall’s proposal, then was eager to scratch off the tickets Pearson had purchased.  Furthermore, Pearson was allowed to scratch off a ticket when Alexander purchased the second pair. On the basis of their past relationship, it seems inferred that they would split the profits because them purchasing the tickets together was a weekly event.

 

1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?

Pearsall felt he was rightfully owed half of the $20,000 winnings because of their usual arrangement.

Repeat 3. for each and every issue in the case.

4. Losing party’s point of view:

5. What legal arguments were made by the losing party?

Losing party’s argument was that no agreement was made between Alexander and Pearsall.

 

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party?

The fact that Alexander did not reimburse Pearsall for the first purchase.

 

1. What were the probable motivations behind the losing party’s actions leading up to the dispute? After the dispute?

Alexander did not feel Pearsall was owed half the winnings because he didn’t promise anything to Pearsall when purchasing the second pair of tickets.

Repeat 4. for each and every issue in the case.

5. Judge’s point of view:

6. How did the court rule on each argument?

The court ruled in favor of Pearsall.

 

1. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?

The extent of the relationship between Pearsall and Alexander and the frequency of their purchasing this “package” together.  Also the fact that legal sufficiency in the creation of a detriment to either man for half of the winnings.

 

1. What were the probable motivations behind the judge’s decision?

Alexander’s conduct led the judge to believe he agreed to enter into an agreement with Pearsall to split the profits from the tickets.

Repeat 5. for each ruling made by the judge.

 

1. Find Recent Developments and Diverse Theories, Synthesize, and Compare

 

6. Different Rules: Pose the question “What if the court adopted a different legal rule?”

 

1. Search the web for other articles to refer to in your article or call an attorney or business professional who may have experience with this type of issue. Write a brief one-paragraph summary of this case or article:

Miller v. Radikopf is similar to Pearsall v. Alexander in that there was an oral agreement to jointly own tickets and share winnings.  Miller and Radikopf jointly sold sweepstakes tickets, receiving 2 tickets as compensation for every 20 they sold.  One of Radikopf’s comp. tickets won the sweepstakes and he then refused to share the winnings with Miller.  The major claim in this case, like in Pearsall v. Alexander, is whether or not an enforceable contractual claim to share the money exists. However, whether or not the claim was enforceable was not the ultimate issue, as the state in which this case occurred has laws making the act of selling/purchasing the sweepstakes tickets unlawful. As a result, the trial court, court of appeals, and supreme court of Michigan all stated that no such contract is enforceable because it is not legal in the state of Michigan.

 

1. Ponder and reflect to compare this case to recent news and cases. This is the really cool part.  You will be thinking like a legally astute manager, owner, or professional as you read, analyze and compare cases to draw your conclusions.  Some neat ideas to help with your analysis:  If the outcomes of the recent cases you found are different, can you make sense of the different outcomes?  Are there different legal standards that make for different outcomes?  Is there a trend leaning more in favor of a plaintiff or defendant’s position?  Are the outcomes the same or different simply because the facts are similar or dissimilar?  What accounts for the same or different results?  Write your thoughts here:

It seems like this scenario and those similar to the Pearsall v. Alexander case vary across states as to how the case would be handled.  Because laws regarding lottery tickets and the like are different from state to state, it is difficult to claim a specific standard of handling cases like these two. 

 

1. Creative, Application and Critical Thinking Questions

2. Your point of view of the case in the book:

3. Do you agree or disagree with the actual outcome? Why or why not?

I agree with the judge’s decision to reverse the trial court’s dismissal of Pearsall’s complaint and rule in favor of Pearsall because it just seems like at every turn Alexander could have backed away and said he didn’t want to share anything with Pearsall, but his conduct clearly displays his choice to continue their relationship as it had been in the past.

 

1. Change it up: Pose the question “What if the facts were different?”  Create changes to the facts that would probably result in a different outcome of the case and, using critical thinking and legal reasoning, tell why your change in facts would make a difference.

I think that had Alexander went back to the store to purchase the tickets and then went home without letting Pearsall know that he had purchased more tickets then there would be no obligation to split the winnings.

 

1. Relate the case to your own experience, if applicable, or to the experience someone else has shared with you.

I think an experience of mine that relates to this would be me and a friend trying to sneak chocolate at each other’s houses growing up.  This may seem petty ( and it is), but the idea of us partnering to essentially play a game of chance in whether or not we could grab the chocolate relates to them buying the lottery ticket.  Also, if my friend found the chocolate and then didn’t share it with me, I would not be happy.

 

1. How will you apply the lessons from this case to your future career?

This case is a good lesson in proceed with caution when entering into a partnership, even when entering into a partnership of some kind with someone you would consider a friend.

 

1. Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field.

Make clear your intentions to enter into a partnership or not enter into a partnership, and what specifically that will entail, even when the partnership is with someone well-known to you.

 

Case4:

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CASE NAME: Rea V. Paulson

1. Legal Cognizance

2. Facts:

3. Briefly describe the facts.

The Plaintiff, Ken Rea, and some other family were taking care of their sick mother who then moved in with her son, the defendant, Larry Paulson, his wife, and her child.  Paulson encouraged his sick mother to put her home in Rainier in his name so that the state could not take it from her.  The sick mother had tried to out the home in Rea’s name before, however, he told her it wasn’t necessary because they would not take her home from her.  During the time that their mother was sick, Paulson became power of attorney and a new deed was outlined.  The home was later sold or the ownership was transferred to Rita Brady, from what I can tell, by Paulson after the death of his mother.  Rea brought action to set aside the deed outlined by his brother.  A cross claim was filed by Rita Brady for damages in the event that he won the suit against Paulson.

1. Which facts were key to the outcome?  The facts are that Paulson outlined a new deed for his ailing mother, who had a deed already stating that they would be treated equally.

 

2. Legal issue:

3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)? This case covers Mistake.

4. What are all of the elements of the main legal rule that this case illustrates?  For instance, if the case is about undue influence, list ALL of the elements that the court in this case said had to be proven by the plaintiff. They have to prove that there was an erroneous belief that facts were true.

Repeat 2. for each issue raised.  (For example, a case may discuss 1. Whether there is an implied-in-fact contract, and II.  Whether the UCC or common law applied.  If so, you will repeat 2. for each of these two issues.)

1. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications

2. Prevailing party’s point of view:

3. What legal arguments were made by the prevailing party? Prevailing party’s issue is the new deed which led to the selling of the mother’s home to Brady.

4. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party? That they had told their mother putting the home in another name wasn’t necessary and that her original deed had them treated equally.

 

1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute?  After the dispute? The motivations were the new deed that led to the home being sold.

Repeat 3. for each and every issue in the case.

4. Losing party’s point of view:

5. What legal arguments were made by the losing party?  Essentially they argued that the plaintiff assumed or bore the risk of the mistake.

6.   What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party? Had they agreed to the new deed this would have ended differently.

7. What were the probable motivations behind the losing party’s actions leading up to the dispute?  After the dispute?  They just wanted the money from the home perhaps.

Repeat 4. for each and every issue in the case.

5. Judge’s point of view:

6. How did the court rule on each argument?  The judge ruled in favor of Rea, the plaintiff.

7. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?  That they found no reason that the plaintiff would bear or assume the risk.

8. What were the probable motivations behind the judge’s decision?  That there was no reason that the plaintiff bore the risk.

Repeat 5. for each ruling made by the judge.

1. Find Recent Developments and Diverse Theories, Synthesize, and Compare

2. Different Rules:  Pose the question “What if the court adopted a different legal rule?” Had the court said that the last person taking care of the mother had the right to assume power of attorney and essentially “what they said and did goes,” the case would have been ruled on differently.

3. Search the web for other articles to refer to in your article or call an attorney or business professional who may have experience with this type of issue.  Write a brief one-paragraph summary of this case or article: I actually found a mutual mistake case brief on www.lawnix.com .  The case is Wood V. Boynton.  The facts were that Wood, the plaintiff, sold Boynton, the defendant, a gem they both believed to be topaz.  Boynton only paid Wood $1 for the gem.  Boynton discovered the gem was actually a diamond worth $700 dollars.  Wood made an offer of $1.10 to purchase the stone back from Boynton, which was refused.  Wood took Boynton to court but the judge ruled in favor of Boynton, citing that it was a mutual mistake and the gem could not be rescinded without fraud.  Meaning that the only way he could regain ownership of the gem is to prove that Boynton committed fraud in the purchase.

 

1. Ponder and reflect to compare this case to recent news and cases.  This is the really cool part.  You will be thinking like a legally astute manager, owner, or professional as you read, analyze and compare cases to draw your conclusions.  Some neat ideas to help with your analysis:  If the outcomes of the recent cases you found are different, can you make sense of the different outcomes?  Are there different legal standards that make for different outcomes?  Is there a trend leaning more in favor of a plaintiff or defendant’s position?  Are the outcomes the same or different simply because the facts are similar or dissimilar?  What accounts for the same or different results?  Write your thoughts here: The two cases here are not very similar.  I can, however, reflect on this case.  I agree with the judge’s ruling in this case because I can understand that this was a mutual error.  It would not be fair to take the gem away from Boynton because of something he found out after the fact.  While it is a hard hit for Wood it was no one’s fault.  I can make sense of the different outcomes here.  The plaintiff in this case did bear the risk here, because he sold the gem before he researched into it.  Had he done research about the gem he would likely have known that it was a diamond.

 

 

1. Creative, Application and Critical Thinking Questions

2. Your point of view of the case in the book:

3. Do you agree or disagree with the actual outcome? Why or why not? Because I did not get to read the entire summary of the case, just what I could find, I agree mostly with the ruling.  I feel this way because I think that the plaintiff had been taking care of his mother before his brother moved her in with him.  He had assumed the responsibility of her caregiver, along with his wife and siblings, and he had informed her that she did not need to put the home in any other name.  I do feel that as power of attorney Paulson should have been more ethical in his decisions.  He was using the money she received for her health benefit and also using her credit cards to purchase personal items for himself.

4. Change it up:  Pose the question “What if the facts were different?”  Create changes to the facts that would probably result in a different outcome of the case and, using critical thinking and legal reasoning, tell why your change in facts would make a difference.

5.   Relate the case to your own experience, if applicable, or to the experience someone else has shared with you.

6.  How will you apply the lessons from this case to your future career? I will use this case in my future to make sure that something like this does not happen to anyone, acquaintances or clients perhaps.  I would not want their wants to slip through the cracks because of health issues.

 

1. Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field. I would recommend that any family members of a sick parent always make the decisions about the parent together and for the benefit of the parent and with the wishes of the parent.

 

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