BUS 415 All Assignments ,DQs (Business Law) Week 1-5 Click This Link to Get The Tutorial:
Week1 Individual Assignment: Business Ethics Case Read Business Ethics Case 3.5 at the end of Chapter 3 of The Legal Environment of Business and Online Commerce. After reading this week’s course materials, please answer the questions that follow Business Ethics Case 3.5 in a thoughtful, cohesive one page essay. Students will maximize their points by writing the one page essay in paragraph format (and not question and answer format). Students are reminded to pay close attention to the questions that are posed to ensure that each question has been addressed in the essay. Students are highly encouraged to utilize CWE, which is a wonderful writing resource! As always, students will earn points based upon content, organization, mechanics, format (APA), grammar, spelling, punctuation, clarity and writing style. Week 2 Learning Team Assignment: State of Confusion Paper The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute. •
Write a 900- to 1,400-word paper addressing the following questions: o o o o o
What court will have jurisdiction over Tanya’s suit? Why? Is the Confusion statute constitutional? Discuss your legal reasoning. What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? Is Tanya likely to prevail on her suit? Explain the reasons for your answer. Set forth in detail the stages of a civil suit.
Papers should be prepared in paragraph format (not question and answer format). Students are reminded to keep word count in mind when drafting and editing this paper. And, as always, students will earn points based upon content, sentence/ paragraph organization, mechanics, format (APA), grammar, spelling, punctuation, clarity and style.
Week 3 Learning Team Assignment: Synopsis of Tort Cases Paper •
Write a 350-word synopsis for each scenario in which you answer the following statements: What tort actions do you see? o The identity of potential plaintiffs o The identity of potential defendants and why you see each one as a defendant o The elements of the tort claim that constitute the plaintiff’s claim o Are there any defenses you think defendants might assert? o How you think the claim will be resolved (stating legal reasons for your answer)?
Scenario 1: Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and sending the ball into the stands, injuring a fan. The referee calls this an incomplete pass, which upsets Malik, a fan seated next to Ruben. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the aisle steps, knocking out two of his front teeth. An usher takes Malik to the first aid station. On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel’s boss, who tells him he does not want anyone working for him who would give alcohol to a child, and that Daniel is fired. Meanwhile, the concession worker gets distracted by the scene in front of him, and accidentally gives Daniel two regular, sugary soft drinks instead of diet drinks. Daniel and Ruben drink the soft drinks as they exit the stadium. Just as Daniel and Ruben arrive at their car, Malik and his wife appear behind them. Malik is pointing a gun at Daniel. The gun is not loaded, but he wants to scare Daniel. Unfortunately, Daniel has a concealed weapon and, believing himself threatened, shoots Malik. Malik’s wife starts screaming and phones for an ambulance and the police. Before the police and ambulance arrive, Daniel slips into a diabetic coma. Scenario 2: Anna orders a meal in an Italian restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Anna’s cry, another waiter who is pouring wine at a nearby table spins around and bumps into Anna’s waiter, who is carrying a flaming dish. The flaming dish tilts onto Anna’s waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. An old lady is trampled by the crowd and is seriously injured. Several other patrons suffer smoke inhalation and burns, but finally, everyone is out. When the ambulances and fire engines arrive, Anna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg. Scenario 3: Franco is an agent for SureCo, Inc., an independent insurance agency that offers policies from several insurance companies. With the economy in crisis, SureCo is experiencing hard times. The boss tells the agents that if they do not start selling insurance policies, the
agency is going to shut down and everyone will be out of a job. Franco needs this job badly, and starts calling his customers to see if he can sell some policies. He calls Raul, and tells Raul that if he increases his coverage at present rates, Franco will guarantee that the premiums will never go up. He tells other customers the same thing, and many take advantage of the offer to increase their coverage and lock in at the present rates. The commissions start rolling in, and the boss is pleased. A year later, when customers get bills for policy renewals, they are irate to see that premiums have gone up. The boss finds out for the first time what Franco has done when she is served with a lawsuit filed by a customer. She yells at Franco, and demands that he clear out his desk. She has security escort Franco out of the building in front of the other agents, who are shocked. When asked by the other agents about what happened, the boss tells them Franco was fired for stealing. Raul decides to get back at the agency, and marches up and down the street in front of the agency with a big sign that says, “SureCo cheats its customers!” The boss cannot let this continue, so she takes a staple gun, goes outside, and fires it in Raul’s direction, hoping to scare him away. Unfortunately, she misses and hits Raul in the eye, causing permanent blindness in that eye. Scenario 4: Randy is a sales clerk at Buy-Mart, a huge discount store. He works in the hardware and gun department. One day, Lee asks to look at a rifle. Randy unlocks the case and hands Lee the rifle he wanted to see. Lee examines the rifle, and tells Randy he will take the rifle and a box of bullets. Randy puts the bullets on the counter, and turns to ring up the transaction. While Randy is not looking, Lee opens the box, loads the rifle, aims, and shoots a lady who is walking with a man in the next aisle. Upon seeing his wife fall, the man clutches at his chest and has a heart attack. Lee aims at someone else, but Randy tackles him and knocks him down, spoiling his shot. The bullet ricochets off a metal beam and injures a boy. Randy and Lee struggle until Randy knocks Lee unconscious. The store security guard comes over and, in the heat of anger, kicks the unconscious Lee in the ribs. Randy can hear Lee’s ribs breaking. Randy and the security guard manage to lock Lee in a storage room until the police come. For some reason, the police do not arrive for two hours. Before they get there, Lee comes to and bangs on the door, saying he needs medical attention. The security guard tells Lee, “Be quiet or I will break more of your ribs.” Lee does not get released from the closet until the police arrive to arrest him. This paper should be written in paragraph format (not question and answer format). Students are reminded to keep word count in mind when drafting and editing this assignment. And, as always, students will earn points based upon content, sentence/ paragraph organization, mechanics, format (APA), grammar, spelling, punctuation, clarity and style. Week 4 Learning Team Assignment: Foodmart, Inc. Assignment Foodmart, Inc. is a retail grocery store chain based in Any State, U.S.A. Foodmart has stores throughout the United States. Brian McDonald works as the produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending his summer vacation working for Brian in the produce department. •
Create a 20+ slide-PowerPoint addressing the questions for each of the following scenarios: o
Foodmart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in new contracts, subcontracted the job to Build Them to Fall
Construction. Foodmart was unaware of the subcontract. When Foodmart realized, due to the poor quality of work, that Build was handling the renovation, Foodmart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Summarize the legal defenses to contract formation and enforcement. o
At the end of the summer, Jeremy Atwater earned enough money to put a down payment on a car. He decides to continue working part-time during school to earn money for the car payments. Jeremy purchased a car from Smooth Sales Used Cars. Smooth did not ask Jeremy how old he was; the salesman assumed he reached the age of majority. Jeremy paid the down payment and signed a contract stating that he would make payments of $200 each month. Six months later, Jeremy lost his job and could no longer make the payments. Jeremy took the car to Smooth and said he wanted to cancel the contract, and that he wanted his money back. What are the possible outcomes? Compare and contrast potential legal and equitable remedies.
Brian McDonald spent his time away from work on his hobby, model trains. His train set was large and consisted of rare and one-of-a-kind trains. One day, while visiting with fellow train hobbyist Harry, Brian said, â€œWhen I retire in 2 years from Foodmart, Iâ€™m going to sell my trains and spend the rest of my life traveling on real trains.â€? Brian told Harry that he was the only person he planned to offer his trains to, because he knew Harry would take care of them. Harry said he looked forward to the day when he could buy the trains. Harry spent the next 2 years and most of his savings building a new 2,000-square foot room onto his house to make room for the trains. When Harry told Brian he was building the new room, Brian just smiled. Brian also heard that Harry borrowed money from his aunt to buy the trains. When Brian retired, he sold his trains to his neighbor, James. Harry sued Brian, claiming breach of contract, or in the alternative, for promissory estoppel. Who wins? Explain your answer.
Foodmart has recently developed an online ordering service for home delivery within a 10-mile radius of each store. To use the service, Foodmart requires customers to agree to terms and conditions of a contract when first entering an online order. The contract specifies that advertised sales prices do not apply to online purchases, and orders are limited to inventory on hand at the nearest store. Todd sees a Foodmart newspaper advertisement for a chocolate sauce that is discontinued at a reduced price. The sauce is a key ingredient in a special cake recipe he uses in his catering business. Todd attempts to make an online purchase of all the remaining sauce at the store nearest to him. The store advises it has sold out, even though it has 10 cases in inventory. Todd requests that the store obtain the chocolate sauce from two other stores within the 10-mile radius. Foodmart refuses, citing the contract. Todd sues, claiming the contract is not effective and he should receive all available chocolate sauce from all three stores at the sales price, or he should receive damages equal to the amount of money he would have made from selling cakes made with the chocolate sauce. Who wins? Analyze the contractual issues unique to e-commerce.
Week 5 Individual Assignment: Business Entities, Laws, and Regulations Paper Restaurant/bar: Lou and Jose plan to open a sports bar and restaurant where customers socialize and watch sporting events on large-screen TVs that hang around the bar. They do not have much money, but they do have Miriam, a wealthy investor who does not have time to participate in the business, but wants to provide capital to start the business in return for a percentage ownership.
Extermination business: Frank is a wealthy investor who plans to open a chain of exterminating businesses across the United States. Professional practice: Akiva and Tara have just completed all educational and experiential requirements to be licensed as obstetricians. They want to open a birth clinic together. They will take out a large loan to finance start-up costs. Construction Scenario: Mei-Lin is the hiring manager for Surebuild, Inc., a new construction company. She has advertised a position as a jackhammer operator. The positionâ€™s description states that the successful applicant must have a high school diploma. The following people apply for the position: Michelle, 35, who appears to be pregnant, is a high school graduate, and was formerly employed as a jackhammer operator; Eric, 55, who is experienced with a jackhammer, but has no high school diploma; Felipe, who is 38, speaks no English, has no high school diploma, but is experienced with a jackhammer; and Nick, 23, a college graduate who is epileptic, and has no experience with a jackhammer. â€˘
Write a 1,050- to 1,400-word paper, involving two (2) of the above businesses, as well as the Construction scenario. (Each student may select two (2) business scenarios to analyze for this essay. Students are also expected to analyze the construction scenario in addition to the two (2) business scenarios that s/he selected.) For each business selected, students should: (1) discuss the business entity that represents the best choice for each business, taking control, taxation, and liability issues into consideration; (2)
identify laws and regulations each business must consider in starting the business, and identify risks against which each business must protect itself
For the construction scenario, students should: (4)
Discuss the business entity that represents the best choice for each business, taking control, taxation, and liability issues into consideration;
Identify laws and regulations each business must consider in starting the business;
Identify risks against which each business must protect itself; and Identify and discuss the employment laws and regulations with which the business must comply when making a decision. (Just to clarify and reiterateâ€Ś. the analysis of employment laws and regulations is only necessary for the construction scenario. Students need not include information regarding employment laws and regulations in their analysis of the business scenarios.)
Students are reminded to keep word count in mind when drafting and editing this paper. Students are highly encouraged to utilize CWE, which is a wonderful writing resource! As always, students will earn points based upon content, organization, mechanics, format (APA), grammar, spelling, punctuation and writing style.
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