After completing his law degree, Bud starts looking for a job. Bud remains unemployed for several months before the firm of Cheatham and Moore agrees to hire him. Nervously, Bud asks what his salary will be. Cheatham says they will pay him what they think he is worth. Is this a valid offer? Why or why not? What if Cheath
Describe the Procurement Integrity Act and why it is important to the acquisition process. Explain various types of procurement fraud and various procurement fraud remedies.
Discuss the reasoning of the court in the case of Ardito et al. v. City of Providence, 213 F.Supp. 2d 358 (D RI). Can you identify an offer and an acceptance in this case? Can you make out a bilateral or unilateral contract? How could the October 15 letter be revised to avoid being considered a unilateral contract?
Kim went to Ling's Market to pick up a few items for dinner. It was a rainy, windy day and the wind had blown water through the door of Ling's Market each time the door opened. As Kim entered the store, she slipped and fell in approximately one-half inch of water that had accumulated on the floor. The manager knew of the weather
Two individuals have decided to create a business. They have financing available and have a well-developed business plan. They have not decided which type of legal business structure would be best for them. What advice would you provide them in making this choice?
Case Study Decision: Change In Circumstances - Gagnon v. Coombs Facts: Francis Gagnon was an elderly man who, with his wife, owned a farm in Shelburne, Massachusetts and land in Hillsborough, New Hampshire. They had two children, Joan Coombs and Frank Gagnon. Joan suggested that her parents sign powers of attorney appointin
In a lawsuit, if the plaintiff is successful in proving that the defendant's negligence was the actual cause of injury, the plaintiff must also show that the defendant proximately caused the injury. This is called proximate cause; it is also referred to as legal cause. What is the gist of proximate cause? Why do courts struggle
Henry's Hammer Company purchased metal from Harold. Harold was an independent contractor who sold different types of the best metal in the state. Henry's Hammer Company was new to the area. The company's purchasing agents wanted to be sure that the hammers produced by the company would be of the highest quality. The purchase pri
Security guards at Target in Tampa were called to break up a fight in the parking lot. As they approached the two men, one of them, Jack, threw a punch at one of the guards. The other guard sprayed Jack with pepper spray, tackled him, and handcuffed him. While waiting for the police to come, they searched his pockets and rem
Haris is qualified yet inept electrician, and the director and majority shareholder of Burg-Go Sdn. Bhd. (Burg-Go). Burg-Go purports to specialise in installing burglar alarms. In fact, Haris has had little success in installing alarms, and now has several disgruntled customers. In particular, one of Burg-Go's customers, Alex
See the attached file. Case study (Contract Law: Sales and Product Liabilities) KELLER v. INLAND METALS All WEATHER CONDITIONNING, INC. Facts: When Brain and Clarice Keller installed an indoor swimming pool in the athletic club they owned, customers began to complain that the air near the pool was hot, humid, and foul-sme
You are a legal expert who has been asked by a corporation to speak on the advantages of the cyber-court network, cyber-management, and cyber-discovery techniques. Your audience will be IT professionals who do not know anything about legal matters. Prepare a one-page outline for a speech. List at least three important points you
The Sarbanes-Oxley Act was enacted in response to the corporate scandals that inundated the financial community in 2001 and 2002. In your opinion, what was the most important aspect of Sarbanes-Oxley? Be sure to support your answer.
Winston Cigars Incorporated manufactures cigars. You can't stand the smell of those disgusting sticks of tobacco. Winston knows that smoking cigars causes the teeth to turn yellow and that 25 percent of cigar smokers lose their teeth. Winston also includes a small amount of addictive substances in the cigars. Winston does no
Compare and contrast open meetings and open records to the federal counterpart. Tell me and explain what the Fair Debt Collection Practices Act is.
Sarah entered into a written contract with Safe Storage Incorporated. The agreement included a clause excusing Safe Storage from any liability for loss or damage, even if the loss or damage resulted from Safe Storage's negligent acts. Sarah signed the agreement. A fire destroyed the warehouse and all of its contents, including S
Read the United States Supreme Court case of Preston v. Ferrer, 128 S.Ct. 978 (2008). The ruling is attached, which is located at http://www.law.cornell.edu/supct/html/06-1463.ZO.html. Answer the following questions about the case: What is the issue? What were the primary arguments made by the plaintiff and defendant?
Scenario 1: Walter Does It His Way Jonathan operated a landscaping business as a sole proprietor. Jonathan's business picked up in the spring and summer, so he asked his friend Walter to help him. After doing some research, Walter determined that he could become an employee or act as an independent contractor. Walter was exci
Barry runs the board of directors for Halal Hash Distributors (HHD). Recently, Barry decided to begin a separate company, owned exclusively by Barry, that specialized in raising pigs from which hash could be produced. Because Barry had influence on the board at HHD, he decided to ask the board to contract with him for their anim
Do you believe that the responsibility of an organization should end with obedience to the law? Why or Why not? Please defend your answer with examples.
Little Ltd. is a small, publicly-traded company that owns a valuable patent. Little has approximately 1,000 stockholders and about 100,000 shares authorized and outstanding. Big Company would like to buy out all of Little's assets, but Little's board of directors refused the offer. Big has now tendered an offer to all of Little'
Val purchased a computer from Gateway, Inc. Upon starting the computer, she was asked to agree to a number of provisions in the contract of purchase in order to continue initial installation. The program indicated that if she did not wish to agree to the terms, she could return the computer to Gateway at Gateway's expense. One o
I really need help on this I am drawing a complete blank. Appellate courts normally see only written transcripts of trial proceedings when they are reviewing cases. Today, in some states, videotapes are being used as the official trial reports. If the use of videotapes as official reports continues, will this alter the appell
If someone breaks a contract, the other party can generally sue and win some form of damages. But for centuries, the law has considered land to be unique. And so, a lawsuit that involves a broken agreement for a sale of land will usually result in an order of specific performance. Is this ancient rule still reasonable? If so
If a person promises to give you a gift, there is usually no consideration. The person can change his mind and decide not to give you the present, and there is nothing you can do about it.But if a person makes a contract with someone else and intends that you will receive a gift under the agreement, you are a donee beneficiary a
Liability in Practice Scenario 1: SuperKool is a company that makes air conditioners and sells them out of its SuperKool stores. SuperKool also sells used air conditioners of its own brand, which the company identifies as selling "as is" with no express warranty. For the new air conditioners that SuperKool sells, 1) What types
Discuss the legal requirements from the employer's standpoint in regards to employee discipline, and provide examples of a situation related to each one. There is a 75 word minimum response required.
1) How is information technology, especially the growth in digital networks (LANs, wireless (at home and at the workplace), iPods, iPads, Blackberries, cell phones, etc), changing the way people work in organizational environments? Give 2 business related examples. 2) Consider the earlier flap over Internet monitoring softwa
Sheila Weathers started as a bank teller, and over time was promoted to various positions. It was peculiar to her that her co-worker, Jake Sentry, was paid a higher salary for doing virtually the same work. It was time to meet with their boss, Gordon Demway, to discuss the matter. In the meeting, Weathers rattled off her job
Disruptive Change: how to manage the "disruptive change" occurring in the marketing and sales function of the healthcare sector, and how to continue to make the patient experience the focus.
Resource: Kongstvedt, P. (2013). Essentials of managed care (6th ed.). Burlington, MA: Jones & Bartlett. Chapter 16 ends with several questions and a conclusion related to the marketing and sales function of the healthcare sector. Describe your plan to manage the "disruptive change" the author describes. How will the patien