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Business Law: Negligence and Precedence

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a. Explain the significance of legal precedent.

b. Describe the elements of negligence.

c. How does an intentional tort differ from negligence?

d. Describe what is meant by the "battle of the forms"?

e. What are the elements of promissory estoppel?

f. What is a statute of limitation?

g. What are the requirements for a valid non-competition agreement?

h. To what kinds of contracts does the UCC apply?

i. What are some of the remedies available for a breach of contract?

j. Describe three types of intellectual property, and give an example of the types of property each would protect.

k.. What elements must be proven to show that a contract has been formed?

l. What is the difference between a material and a non-material breach of contract? Give an example of each kind of breach

m.. Compare and contrast two business entity types (ie: corporation vs. partnership).

n. Describe three forms of Alternative Dispute Resolution

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a. Explain the significance of legal precedent
Legal precedent directs a court to look to past decisions for guidance on how to decide a case before it. By using legal precedence, the legal rules applied to a prior case with facts similar to those of the case can be used to resolve the legal dispute. The use of precedent has been justified as providing predictability, stability, fairness, and efficiency in the law. It also stabilizes the law and it can remain relatively stable and coherent through the use of precedent.

b. Describe the elements of negligence
The aim of lawsuits based on negligence is to deter careless conduct and encourage responsible behavior. Negligence requires the following elements:
a. a duty of care between the parties;
b. a breach of that duty;
c. damage resulting from that breach.

c. How does an intentional tort differ from negligence?
Intentional tort is the infliction of injury or damage to property that was carried out with malice, willfulness or reckless disregard for the other person's rights. Briefly there is an intention and knowledge that the act would result in a tortuous result.

d. Describe what is meant by the "battle of the forms"?

The battle of the forms means legal disputes in which both parties recognize that an enforceable contract exists. On the other hand, parties are divided as to whose terms govern that contract. Briefly there is a conflict.

e. What are the elements of promissory estopple?
The elements of promissory estopple are:
(1) The detriment suffered in reliance was substantial in an economic sense;
(2) Substantial loss to the promise acting in reliance was or should have been foreseeable by the promisor;
(3) The promisee must have acted reasonably in justifiable reliance on the promise as made.

f. What is a statute of limitation?
Statute of Limitation sets ...

Solution Summary

A series of business law concepts are explained.

See Also This Related BrainMass Solution

Hofstede's Five Cultural Dimensions

The CEO has asked you to identify three target market countries and present your choices to senior management. Earlier (phase
1) you had done some preliminary investigation and chosen three countries; now you will work with other members of the sales team to research and confirm the three target countries to present to the CEO.

I wrote about the UK, Canada, and Morocco.


1. Conduct research and locate background and cultural information on these countries.
2. What specifics did you learn about doing business in each of the three targeted countries?
3. How will this knowledge help PM Company do business there?
4. Using Hofstede's five cultural dimensions, what did you learn about the culture(s) in each country that will help you make better management decisions when planning to do business there as well as actually doing business there?
5. Finally, analyze how the cultures of these countries are similar and how they differ, and how this information will impact your management decisions.


You have achieved great success at Physical Movement Company (PM Co.) as their Sales Manager. PM Company is a three year old, US$25 million home healthcare company, headquartered in the northeastern part of the United States. The firm creates and sells wheelchairs, walkers or other types of "mobility products" that give a person some level of mobility when they can no longer completely ambulate on their own. Recently due to an influx of inquiries about your mobility products and some very large, direct sales to customers outside your home country, you have been promoted to the position of Vice-President of International Sales, responsible for all sales outside the United States. The job sounds simple enough - just sell your great mobility products around the world! Benefits of the job include traveling globally, eating great food and shopping for bargains in your free time. Life is good!

However, after a few days in your new position you begin to realize there is more to this job than what you were previously accustomed to as a Sales Manager who sold only in your own country. Your previous job responsibilities included finding a need for your mobility products, overcoming any objections and closing the sale. You were very comfortable in this role. As you begin to call on companies around the world by phone and e-mail, you realize that the global business environment is far more complex, involves many more details, and requires much more knowledge than you ever realized! Because of the time zone differences, you are finding yourself working all the time as business is conducted 24 hours a day, 7 days a week around the world, so there is always someone you need to contact or follow-up with. No one in the company has ever sold internationally before. There are a few employees in the company who were not born in this country. They can provide some language skills and can share their cultural knowledge, but they do not have international business experience. However, you are now the global business leader for your company.

Late one night between calls to Singapore and China, you realize you need to quickly learn as much as you can about global business issues and their implications and to communicate these issues and their solutions to senior management so that together you and the company can achieve your new worldwide revenue objectives.


Specifically, I need more information on #4 and #5 on these countries I wrote about and how to apply Hofstede's five cultural dimensions. Thank you.

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