Explore BrainMass

Explore BrainMass

    Business Law

    BrainMass Solutions Available for Instant Download

    Employment law: Resignations in writing, notice of charges for termination

    Text: Employmnet Law for Human Resource Practice, by David J Walsh Instructions As sad as it is, people do get fired...and this of course must be part of the study on Employment Law! Therefore, read chapters 18 and 19 of your text. Then answer the following questions: Why is it good legal advice for employers to do each

    Business Employment Law

    Read the R. Williams Construction Co. v. OSHRC case. 1. What was the legal issue in this case? 2. Explain what the employer did or failed to do that violated the OSH Act.

    Contract Liability

    Scott offers to sell Cliff a boat for $500. Cliff replies, 'I think I want the boat, but let me have a week to consider.' Scott replies, 'OK. I won't sell the boat to anyone until after one week from today.' The next day, Scott sells the boat to Bill for $600. The day after, Scott tells Cliff he already sold the boat. Neverthel

    Human Rights Issues and Chinese Employment Laws

    Explain the human rights issues that are currently happening in China. Assess the impact of Chinese employment laws on the resolution of these issues. Identify and evaluate strategies and tactics focused on managing these human rights issues. Please explain whether you feel that companies have an ethical obligation to

    Watson buys a computer from a computer store, paying by check.

    Watson buys a computer from a computer store, paying by check. The check then bounces. In the meantime, Watson has transferred the computer to Wilson. Under what conditions will Wilson prevail against the store if the store tries to recover the computer from him?

    Jan works in a sandwich shop run by Amy. Amy makes Jan sign a noncompete contract that states if Jan quits, she is not to engage in a similar business within a three state radius of Amy's business for 5 years. Is this contract legal and enforceable? Why or why not? If the agreement is not enforceable, how might Jan and Amy restructure it to increase its chances of being legal?

    Jan works in a sandwich shop run by Amy. Amy makes Jan sign a noncompete contract that states if Jan quits, she is not to engage in a similar business within a three state radius of Amy's business for 5 years. Is this contract legal and enforceable? Why or why not? If the agreement is not enforceable, how might Jan and Amy restr

    A Dallas, Texas, city ordinance restricted admission to Class E dance halls

    Can you help me understand this? A Dallas, Texas, city ordinance restricted admission to so-called "Class E" dance halls to persons between the ages of 14 and 18. The ordinance did not impose similar age limitations on most other establishments where teenagers might congregate: for example, skating rinks. Charles Stanglin, wh

    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

    What factors affect one's attitude? How might one's attitude affect one's behavior? How do emotions influence behavior? How does the psychological contract affect one's attitude and behavior? How do emotions and attitudes influence behavior? How might attitudes and emotions about a particular change initiative affect the outcome of the initiative? How do personality and values influence one's behavior? How might leaders develop team values to illicit desired behaviors? How might a consultant leverage the personalities and values of organizational leaders during a change initiative? How might conflicting values of an employee and manager affect the employee's behavior? How might conflicting personalities on a team influence individual behaviors? How might consultants influence those managing a change initiative when a conflict of personality or values exists?

    What factors affect one's attitude? How might one's attitude affect one's behavior? How do emotions influence behavior? How does the psychological contract affect one's attitude and behavior? How do emotions and attitudes influence behavior? How might attitudes and emotions about a particular change initiative affect the out

    Demand for Memory Cards and Digital Cameras

    Digital cameras and memory cards are complements in consumption. The price of digital cameras falls. a) What happens to the demand for memory cards? b) What happens to the demand for digital cameras?

    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

    Brief of Riggs v. Woman to Woman

    Brief the Riggs v. Woman to Woman, PC case, in a separate paragraph discuss whether or not you agree with the courts decision. Why? Why not?

    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

    Elaine and Roy are registered nurses. They want to start a national home health agency, taking referrals from physicians and providing health care to homebound patients. As both parties are nearing retirement age they agreed to only be in business for 10 years. Identify the reasons why incorporation is an effective idea for their business, discuss the steps they must take to incorporate their business, and identify the steps they must take to dissolve the corporation once the 10 years has passed. Discussion 2 Tom has recently taken over his father's landscaping business, known as THE BEST LANDSCAPING. This business has been a sole proprietorship since it was created by Tom's father. Shortly after taking over the family business Tom decided to incorporate the business after he read an article in Lawn News, advising landscaping businesses to incorporate. After taking over the business both THE BEST LANDSCAPING, Inc. and Tom have been sued by a long-standing customer whose prize rose bushes worth over $15,000 were negligently damaged by Tom's employee. Tom called a local attorney, Hector, to represent him in the lawsuit. When Hector asked for the corporate minutes, Tom said, What corporate minutes? Hector advised Tom that his personal assets could be taken if he lost the suit, but Tom said, No, don't worry! I'm a corporation; I have no personal liability! Is Tom correct? Identify and discuss the legal principle that would be applied by a court to resolve this issue, and predict the outcome of the suit against Tom personally.

    Discussion 1 Elaine and Roy are registered nurses. They want to start a national home health agency, taking referrals from physicians and providing health care to homebound patients. As both parties are nearing retirement age they agreed to only be in business for 10 years. Identify the reasons why incorporation is an effecti

    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

    On January 08, 2009, 40 passengers on Fayett Airlines Flight No. 18 were injured upon landing when the plane skidded off the runway. Personal injury suits for damages totaling $10,000,000 were filed on January 11, 2011, against the airline by 25 injured passengers. The airline carries no insurance. Legal counsel has studied each suit and advised Buffett Airlines that it can reasonably expect to pay 50% of damages claimed. The financial statements for the year ended December 31, 2009, were issued February 27, 20110. Instructions: (a) Prepare any disclosures and journal entries required by the airline in preparation of the December 31, 2010, financial statements. Date Accounts Debit Credit (b) Ignoring the January 08, 2009, accident; during the past decade Fayett Airlines has experienced at least one accident per year and incurred average damages of $4,500,000. What liability due to the risk of loss from lack of insurance coverage should Buffet Airlines record or disclose? Discuss the appropriate treatment in the financial statements and related footnotes.

    On January 08, 2009, 40 passengers on Fayett Airlines Flight No. 18 were injured upon landing when the plane skidded off the runway. Personal injury suits for damages totaling $10,000,000 were filed on January 11, 2011, against the airline by 25 injured passengers. The airline carries no insurance. Legal counsel has studied each