During the class - we have discussed a number of contractual remedies for contracts - including (in very limited cases) the remedy of Specific Performance. However - this begs the questions, if the law is promote "enforceable promises" in the form of a contract, why not make specific performance the primary remedy? Do you thi
By researching the results of SOX compliance surveys, assess the financial impact that SOX might have on your company if it decides to go public. Considering the impact of SOX compliance, take a position as to whether your company can overcome the challenges posed by SOX compliance if the decision is to go public. Based on your
Please leave a comment on these two paragraphs below : I believe the main reason you cannot make specific performance the main remedy is because the law cannot force someone to perform for another. This borders on and resembles involuntary servitude and can be seen as infringing on someone's personal liberties. We all have
Should an employer be allowed to terminate an employee for working during her lunch break even though the employer mandated that she take a lunch break? If yes, do you think the employer had just cause to terminate her? Google the story on Sharon Smiley and Equity Lifestyle Properties in Chicago, IL to find a plethora of informa
Calvin was working as a mechanic to repair some processing equipment at the United Megaworks Company. He fell off a ladder, broke his arm and was knocked unconscious. Following medical treatment, he returned to the company which transferred him to an inspector position due to his broken arm. Does United need to make a report to
When a company decides to go public, it can typically obtain capital by issuing stocks or bonds. Suggest four (4) leading financial ratios that will be evaluated and how each will impact the company's decision to obtain expansion funds. Determine whether the results of the ratios would alter the decision to go public.
Hines stored her furniture, including a grand piano,in Arnett's warehouse. Needing more space, Arnett stored Hines's piano in Butler's warehouse next door. As a result of a fire, which occurred without any fault of Arnett or Butler, both warehouses and their contents were destroyed. Is Arnett liable to Hines for the value of
1. Outline three (3) ways in which your medium-sized private company may benefit from going public, providing a rationale for each. 2. Create an argument that the same goals may be achieved if the company remains a privately held entity. Provide support for your argument.
I decided to create a business. I'm in need of some advice on how to start forming my business. I have a well-developed plan but I am not sure exactly how it will be financed and whether or not I want to take on partners. I am interested and willing to learn the intricacies of my options to determine how to best proceed with my
Bob agrees to buy 100 widgets from Sam. The contract provides that payment and pick up of the widgets shall be Tuesday. After repeated phone calls, Bob still has not picked up or paid for the widgets on Friday. The widgets are in a box with Bob's name on it. Sam has no insurance. His front office (with Bob's package burns t
I. Both Australia and Singapore are common law countries. Singatron and Semicontronics conclude their first round of negotiations with a Letter of Intent (LOI). If the deal falls through, will either party be bound to their commitments as detailed in the LOI? What can the parties do to limit the obligations to the terms of the L
A devoutly religious office coordinator used the phrase "Have a Blessed Day" in many of her workplace communications (conversations, e-mails, and phone calls) with co-workers, managers, and customers/vendors. Employees at one of her company's largest customers, Microsoft, objected to the practice. The company modified its policy
Compare and contrast the difference between FMLA interference and FMLA retaliation. Additionally, articulate the requirements for an employee to be covered under FMLA. Lastly, if an employer desires to provide FMLA protection for employees, but the employer does not have the requisite number of employees to qualify under the sta
Tammie contracted with Kristine to manufacture, sell, and deliver to Kristine and put in running order a certain machine. After Tammie set up the machine and put it in running order, Kristine found it unsatisfactory and notified Tammie tht she rejected the machine. She continued to use it for three months but continually compl
Malea sold a machine for $140,000. The machine originally cost $90,000 and $10,000 of MACRS depreciation had been allowable. The buyer assumed a lien of $40,000, paid $20,000 cash down and agreed to pay $10,000 per year for eight years plus interest. Selling expenses are $10,000. The contract price is: A. $40,000. B. $80,000
Demonstrate your understanding of the following terms by using them correctly in a paragraph you create. Creativity is encouraged, but not required; a realistic scenario would be best. Do not simply provide a definition for the terms. Terms: narrowly tailored, consent decree, reverse discrimination, strict scrutiny, reasonable b
Review the scenario presented as it relates to the case of Hoyle v. Freightliner. Were the actions of the co-workers towards the female employee sufficient to meet the severe and pervasive threshold? Also, was the job reassignment to janitorial work indicative of discrimination or retaliation towards her? In providing your opini
The issue of diversity is a major topic for government suppliers that have to supply census data about their workforce relative to the race of candidates that they hire for opportunities. While it is not quite as visible for private employers and those that do not perform government contractual services, it is still a hot topic.
a. Describe elements of culture that might affect how you would negotiate a contract with a business person from both countries and from your own country. Describe the following three countries: Australia, Libya, Canada b. Explain how misunderstanding or ignoring this element of culture might adversely affect contract negotiati
Look at Leonel v American Airlines, 400 F, 3d 702 (9TH Cir. 2005). Read the story of the flight attendants whose conditional job offer was rescinded for failure to disclose HIV-positive status on the medical questionnaire. What do you think the court should decide and why? Look up the case on the Internet. What did the court de
A truck driver was subjected to a random drug test and tested positive for marijuana use. After a confirmatory test verified the initial result, the driver was terminated. He denied having ever used marijuana. The driver passed a hair follicle test performed by an independent laboratory 84 days after the employer's urine test. T
An employee is upset because a co-worker has been spreading rumors about her. She is threatening to file a lawsuit. If she does, what type of allegation would she be making, and what are the elements of the claim that she will need to prove in order to be successful in her lawsuit?
A 350 pound man interviewed for a job as a sales counselor for a weight loss center. He was told by the interviewer that he was the "most qualified" applicant, but the regional manager had concerns about his weight. He was later informed that he would not be hired now because the company is "image conscious" and his weight would
Social media is changing the landscape of hiring and promotion. Some companies are going to candidates' social media pages (i.e. Twitter, Facebook, and MySpace) and looking at their postings and pictures before making hiring decisions. Some would argue that this can lead to impermissible discrimination by viewing this informatio
1) Jenny promises to pay Ivan $300 in exchange for Ivan's promise to paint Jenny's house. This is an example of: a) unilateral contract b) bilateral contract c) assignment d) illusionary promise e) invitation to promise 2) Which is the most expensive form of discovery? a) interrogatories b) Requests for admission c)
Read the following case: Zheng v Liberty Apparel Co., 355 F. 3d 61 (2d Cir. 2003). From the limited, disputed facts presented, how would you decide the case?
This solution addressed the following questions about the Wal-Mart v. Dukes (2011) case: Do you agree with the decision/holding of the Court? Why, or why not? What could the plaintiffs have done differently to have a better chance at getting their class action certified? How would this have impacted employers (not just Wa
SOURCE: Chapter 19, 9.662, #1 (David J. Walsh (2010) 3rd ed. Employment Law for Human Resource Practice QUESTION: In the year prior to its closing, a meat packing plant with 350 employees received numerous (over 30) "noncompliance records" from the Agriculture Department (USDA), citing serious failures to maintain sanitary c
Gary's hobby was collecting antique guns. His collection consisted of many rare guns. One day, while visiting with Cody, a fellow collector, Cody said, "When I retire, I am going to sell my collection to you." Gary said he looked forward to the day when he could buy the collection. Gary then spent a year and a great deal of mone
Do an internet search and find a recent developing employment or labor law related news story that relates to a topic on your Course Syllabus for this class. The story can be national or local. You may not choose the same story as another student (so make sure you read other posts before selecting yours). Once you have found