Explore BrainMass

Business Law

Kasky v. Nike and the California Supreme Court

In Kasky v. Nike, Inc., the California Supreme Court drew a distinction between a noncommercial speaker's statements criticizing a product as generally noncommercial speech and a commercial speaker's statements in praise or support of the same product. What was this distinction, and why did the California Supreme Court make

The Internal Revenue Service (IRS) offers business owners guidance on tax laws concerning the depreciation of porperty. Explain what the IRS' definition of depreciation is? What are three items that cannot be depreciated? explain why not. What three requirements must be met in order for property to be depreciated? Why are these requirements important?

The Internal Revenue Service (IRS) offers business owners guidance on tax laws concerning the depreciation of porperty. Explain what the IRS' definition of depreciation is? What are three items that cannot be depreciated? explain why not. What three requirements must be met in order for property to be depreciated? Why are these

Common Law and UCC

Peter visited a car dealership and test-drove a used car. After discussing the price with the salesman, Brian, and learning that he could purchase the car for $500 less than the sticker price, Peter asked Brian to hold the car for him until 8:00 that evening so that he could bring his wife back to see the car. Brian agreed, writ

Article Review: Medical Bills Bankrupting Many

"Medical Bills Bankrupting Many"--Article for the Class fr PW In 2005, this news story was featured on CBS news. What do you think? Medical Bills Bankrupting Many: Costly illnesses trigger about half of all personal bankruptcies, and health insurance offers no protection against ending up penniless, according to

Suzy Seller and Barry Buyer negotiate and agree on the sale of flower pots. They intend to contract, but leave the quantity term "to be agreed upon at a later date." Later, Barry refuses to negotiate over the quantity and repudiates (refuses) the bargain. Suzy sues for damages. Who will win the case and why? Use UCC Article 2 sections to support your answer. 2. Sam Seller sent an email to Beth Buyer with an offer to sell 20 custom birdhouses, to be sold in Beth's Best Birds retail store. The email stated that "acceptance must be faxed to my salesperson, in the form of a signed copy of the email, by 5pm on Friday, March 5." Beth prints and signs the email, scans it, and emails it to Sam on Friday morning. Sam sells the birdhouses to another buyer, and Beth files a lawsuit for breach of contract. Who wins? Explain your answer and use UCC Article 2 sections to support your answer. 3. Jon Maize is a farmer who grows and sells corn. When Jon was getting ready to sell his crop, he called a local corn distributor, CRN, and requested that they notify him when corn reached $5.00 a bushel. On January 2, 2005, the secretary at CRN called Jon and told him corn had reached $5.02 per bushel. He stated he agreed to sell his crop at the $5.02 figure and estimated that he would have between 5,000 and 6,000 bushels. A few days later, the secretary mailed Jon a written contract for the sale of 6,000 bushels of corn at $5.02 per bushel. Jon was ecstatic, but in his excitement, he accidentally dropped the contract in the pig sty, where it was trampled by pigs and covered in mud. He did not contact CRN about the contract. Jon delivered 5,000 bushels to CRN. When he did not receive full payment, he filed suit against CRN for the balance due. CRN defended on the grounds that Jon had entered into a contract for the delivery of 6,000 bushels of corn and had failed to deliver the entire amount and the sum withheld represented damages to CRN for the shortage. What result? Use UCC Article 2 sections to support your answer. 4. Fran Hammer sells wrenches for $12 each wholesale. On September 15th, Johnson Hardware Co. placed a telephone order with Fran for 500 wrenches for delivery on Monday of the following week. When the wrenches were not delivered, Johnson called Fran to inquire as to the status of his order. Fran stated that she was too busy to be bothered with such a small order, and that no contract existed. Is there a legally enforceable contract? Explain your answer and use UCC Article 2 sections to support your answer.

Clearly state the applicable Uniform Commerical Code (UCC) sections and any assumptions. Answer all questions. 1. Read through each question carefully. Many times a case can be decided based on a few facts, so it's important to read each word in a question or fact scenario. 2. Write a brief outline of your answer. Be sure

Dodd-Frank Act and Consumer Protection

Find (e.g., from the New York Times, Wall Street Journal, Economist, Bloomberg, any of the Federal Reserve Banks) on the Dodd-Frank Wall Street Reform and Consumer Protection Act. Post copy of the article - you must turn it in to receive full credit. After reading the article, write a concise and to-the-point essay that includes

Business Law: Drafting a Contract

Candice Harley owns a craft store. On a recent buying trip to Miranda, she located a vendor who manufactures bat houses that have been carved from a single piece of wood. The woman who makes these bat houses is named Rachelle Vendor. Candice believes that she could probably sell 10 or 20 of these bat houses per week. She negotia

Federal Court System

1. Give two examples of the types of cases that belong in the federal court system. Explain why they belong in the federal court system. 2. Why does our federal court system require both subject matter jurisdiction and personal jurisdiction be established to hear a case? 3. What does the concept of minimum contacts seek to e

Human Rights Violations of Labor Laws

P-2 Safe work environments, fair wages, abuse of child labor, and unfair treatment of workers are all topics that are unfortunately in the news all too often. Previously, these were problems or issues that were in present in the United States. Fortunately, the legal system and regulations, for the most part, have made these i

Introduction to Forms of Business and Formation of Partnerships

Introduction to Forms of Business and Formation of Partnerships After working for a large company for 10 years, you decide to give expression to your entrepreneurial urges and start a business. Your business plan is to help small firms that are struggling with finding ways to make new information technologies affordable and e

Social Forces: Global employment contract factors; composition of corporate board

1. Your firm has built a manufacturing plant not too far from a large European city. You are a member of a management team that is charged with designing employment contracts that promote high effort among the employees. What factors might you bring to the attention of the team? Would your answer change if the manufacturing pla

Which contract option should be chosen to optimize changes of keeping your job?

a. You have prepared a proposal and are in the final stages of submitting your price. You have two options: i. Option 1: If you submit a price of $2M, you believe you will have a 50% probability of winning the contract. However, you will only have a 33% probability of making a profit at that price. ii. Option 2: If you

Foreign Corrupt Practices Act of 1977

What was the purpose of the Foreign Corrupt Practices Act of 1977? Search online, and provide a circumstance in which it has been alleged that the Act was violated.

Discussing Dispute Resolution Methods and Amendments

Please answer the following questions: - Describe the advantages and disadvantages of using the U.S. court system to alternative dispute resolution methods. - Discuss how applicable dispute resolution methods are to a small-business owner and a mid-level manager of a Fortune 500 company. - In reviewing the Bill of Ri

business law issues for interoffice memorandums

Giant Batteries, Inc. is a large corporation that manufactures batteries for large industrial and agricultural vehicles. Over the past few months, it has experienced an overwhelming amount of legal problems and litigation. The president of Giant Batteries, Ima Dummie, consults with the law firm at which you work seeking legal ad

Legal basis for the EEOC to hold that JBS-SWIFT

Can you help me with this assignment? Read and answer 2 questions in the ATTACHED case study. Book title: Human Resource Management, 13th Edition, 2011. Author: Robert L. Mathis and John H. Jackson. ---------------------------------------------------------------------------------------------------------- Chapter 3: Equal

Australian Tax Law: Is Drew a share trader or a share investor; tax consequences

Rebecca is very impressed with the tax return that your group has prepared for her. So much so that she has referred one of her major clients, Drew Richardson, to your group for taxation advice. Drew is 56 years of age. He has recently retired from his full-time job as a radiologist. He is an Australian resident for tax purposes

Sheetbend & Halyard Accepting the Contract with the U.S. Navy

See attached file. Jack Tar, CFO of Sheetbend & Halyard, Inc. opened the company confidential envelope. It contained a draft of a competitive bid for a contract to supply duffel canvas to the U.S. Navy. The cover memo from Sheetbend´s CEO asked Mr. Tar to review the bid before it was submitted. The bid and its supporting

Case Brief: Freeman v United States

Case Brief Format First page, Citation: Give the full citation for the case, including the name of the case, the date it was decided, and the court that decided it. Second page, 3/4 the page is Facts: Briefly indicate (a) the reasons for the lawsuit; (b) the identity and arguments of the plaintiff(s) and defendant(s), re

Contract negotiations for Hydrosub's unfloatable amphibious assault vehicle

HYDROSUB'S UNFLOATABLE AMPHIBIOUS ASSAULT VEHICLE Kathleen Johnson started her new job as chief buyer at Hydrosub in San Francisco. Her day was without incident until she received the following telephone call. Voice on phone: Good afternoon, Ms. Johnson. I am Burt Lauderas, project supervisor at Bolger Shipyards in Tacoma.

Legal or regulatory issues of restaurant business.

Address potential legal or regulatory issues of a restaurant business. Example water spillage on the floor, no exit sign visible, no child restraints for stairs, food and drink quality (choking hazards), etc. Approach the discussion as if you are an attorney and wanted to provide your client with a report on various risks appert