In reviewing the proven best practices for the contract negotiation process, which portion of the process would be the most difficult to carry out--planning, conducting, or documenting and forming the contract? Which would be the least difficult? Is one portion more critical than the others? Justify your answers.
Beginning in the 1990s, with their research pipelines drying up, the major players in the pharmaceutical industry moved to sustain profits by fighting to extend patent periods, by advertising direct-to-consumers, and by raising drug prices. The facts of a case filed recently in California reflect a blend of these strategies: As
Creative Code: We the members of the American Association of Advertising Agencies, in addition to supporting and obeying the laws of legal regulations pertaining to advertising, undertake to extend and broaden the application of high ethical standards. Specifically, we will not knowingly create advertising that contains: Fal
Answer the following questions concerning the sources of tax law. a. What role does the Internal Revenue Service play in interpreting, and providing guidance on, the tax law? What types of tax law guidance are published by the IRS? b. What roles do the U.S. Constitution and U.S. Congress play in creating the tax law? Brief
Explain the doctrine of res ipsa loquitur? Why is important to business law?
How is a product liability case different from a standard personal injury case? Would arbitration have been a viable option in this case?
Liebeck v. McDonald's Restaurants, was a product liability lawsuit. The jury awarded $2.7 million to the woman who burned herself with hot coffee. The trial judge reduced the total award, and the parties settled for a confidential amount before an appeal was decided. How is a product liability case different from a standard
Conditions can be only: A. precedent. B. subsequent. C. precedent or subsequent. D. precedent, subsequent, or concurrent. E. precedent, subsequent, concurrent, or nominal.
What is a tort? What is the difference between a tort and a criminal act? What are the three categories of torts? Please list three intentional torts and explain their relationship to business risk?
Have you heard of "baseball arbitration"? This style of arbitration is used in other fields beside major league baseball. In baseball style arbitration, each side separately proposes an offer to the arbitrator. The arbitrator then picks one of the offers and that's the decision (no middle ground). So, if one party offers $1
During the 2001 MLB season, Barry Bonds set the record for home runs. A fan, Alex Popov had his glove on that home-run ball. However, Patrick Hayashi ended up with the ball. Mr. Popov filed suit alleging that Mr. Hayashi assaulted Mr. Popov in order to get the ball. Videotape shows Mr. Popov's gloving of the ball. Mr. Popov sa
What is the holding in International Shoe Co. v. Washington, 326 U.S. 310? What is the concept of "minimum contacts"? What is a "long arm statute" Why are these concepts important o business law?
Business law paper : Equitable remedy is a remedy other than payment of damages including obtaining and injunction or requiring specific performance of a contract.
Analyze the following case, based on consumer contract law. Use legal reasoning related to genuineness of assent, writing and form, third-party rights,, and remedies for breach of contract. John and Imelda, an elderly couple, agreed to sell their home and lot to Mary and Bill, a young couple. Prior to closing (where money i
1. You are setting up a branch for your international trading group in Dubai in the United Arab Emirates. You have other branches all over the world. You're deciding what days to be open in the Middle East many of your employees will be local citizens. The weekend in the Middle East is Friday and Saturday. You're buying and sel
What are the two basic methods of accounting for long-term construction contracts? What circumstances determine when one or the other of these methods should be used? For what reasons should the percentage-of-completion method be used over the completed-contract method whenever possible? Using the percentage-of-completion method, prepare schedules to compute the profit or loss to be recognized for a long-term construction contract. Using the completed contract method, prepare schedules to compute the profit or loss to be recognized for a long-term construction contract.
What are the two basic methods of accounting for long-term construction contracts? What circumstances determine when one or the other of these methods should be used? For what reasons should the percentage-of-completion method be used over the completed-contract method whenever possible? Problem On March 1, 2010, Pech
Enron: The Smartest Guys in the Room. Based upon the video, the piece is expected to describe the video "what is happening in that video". It is also expected to do some outside research regarding the rise and fall on Enron. For the substantive part of this learning, it is expected to answer, among other things, the following qu
Advantages and disadvantages of each act. Compare the strong points of each piece of legislation. A revised model of the Patriot Act for proposed legislation
Is it necessary for an International Business to undertake illegal practices to succeed? Is corruption a cultural phenomenom? How can an International Business succeed while maintaining ethical and legal practices?
Rights and Obligation: Every right is attached with a counter obligation and neither of these can be considered in isolation. A contract is an obligation attached by the mere force of law to certain acts of the parties, usually words, which ordinarily accompany and represent a known intent.
In 1999, a Seattle man took a popular soft-drink company seriously when one of its commercials made an offer of a Harrier jet, the famous high-tech jump jet used by the U.S. Marines. In a TV commercial that aired in 1995, the company jokingly included the Harrier as one of the prizes that could be received with a mere 7 million
Does the situation below this represent a win-win situation: New York's Metropolitan Transportation authority proposes to sell naming rights to bridges and to rail and subway stations to corporate advertisers. Meanwhile, in Rome, city planners have been very successful raising funds for restoring ancient buildings and monumen
Please help me answer on the attached Case Study "Kilgore vs Outback Steakhouse of Florida three questions that have to do with the attached PDF. 1) Do you consider the restaurant's pool tipping policy to be fair to the servers who received the tips? Explain. 2) Does the court's analysis make sense in the case, that if ho
Analyze the following case--who should win and based on what legal reasons; who should lose and what are their legal arguments. Be sure to cite appropriate legal reasoning (contract law) in your analysis. Jones Used Car Lot sold a five-year old sedan to a young man, age 17 at the time. He paid for the car with $250 cash and
The purpose of this document is to further investigate the internal infrastructure within NCAA's use of the "No Agent 18.104.22.168" rule and the "Restitution" rule. Andy Oliver was suspended from the baseball league as a result of having his attorney/agent present during contract negotiations which is prohibited from the baseball league, Oliver claims that both rules have not been enforced by the league and other baseball players, and are otherwise null and void, the courts ruled in agreement with Oliver's claim. The objective of this document is to conduct a comprehensive analysis of both arguments in order to test the theory of "Breach of Contract" and to test the validity of both rules ("No Agent" and "Restitution")in order to determine if they are relevant in accordance with the college baseball league in today's culture and the prevalence of agents in the industry or are the rules invalid and should be shun from the NCAA as a rule to utilize. Research questions/Hypotheses- ? Should the "No Agent" and "Restitution" rule be considered invalid and/or unenforceable? ? Is the "No Agent" and "Restitution" rule null and void? ? Should the "No Agent" rule be enforced? If so, should violators be punished? Background literature to support research
Main theme/purpose- The purpose of this document is to further investigate the internal infrastructure within NCAA's use of the "No Agent 22.214.171.124" rule and the "Restitution" rule. Andy Oliver was suspended from the baseball league as a result of having his attorney/agent present during contract negotiations which is prohib
Question 3 Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of Choose one answer. a. Evon and Gina. b. Evon only. c. Gina only. d. neither Evon nor Gina. Question 7 OK Dry-Cleaning adverti
(1) Identify two of the elements of a contract. Explain the importance of those elements to a business. How can this business be subject to liability with regard to these two elements? (2) Lawsuits for breach of written contract are common. What are the pros and cons of available remedies to a plaintiff for a successful br
Find the single rate for operating costs based on test-hours and the hourly billing rate for HTT and ACT. 2. Find the three activity-based rates for operating costs. 3. What will the billing rate for HTT and ACT be based on the activity-based costing structure? State the rates in terms of testing hours. Referring to both #1 and #2, which rates make more sense for Best Test? 4. If Best Test's competition all charge $20 per hour for arctic testing, what can Best Test do to stay competitive?
Best Test Laboratories evaluates the reaction of materials to extreme increases in temperature. Much of the company's early growth was attributable to government contracts, but recent growth has come from expansion into commercial markets. Two types of testing at Best Test are Heat Testing (HTT) and Arctic-condition Testing (A
Evolution of Statutes The Sherman Act and Clayton Act were landmark pieces of legislation that formed many of the present day business practices in the United States. Using this week's resources and others that you investigate, discuss the purposes of these acts and how they have evolved over the years. How have the courts infl
Legal and Accounting Expenses. Sam is a sole proprietor who owns, leases, and manages several apartment complexes and office buildings. During the current year, Sam incurs the following expenses. Which of these expenditures are deductible? Are they for or from AGI deductions? a. $200 in attorney's fees for title searches on a
Case Scenario - To Hire or Not to Hire Having resolved the supplement abuse issue in a positive manner about a year ago, Polar Health's manufacturing capacity for Bear Strength health supplements has grown considerably, and Bill Brice needs to hire additional employees and a couple more factory floor engineers to meet the dem
Corruption and Integrity Corruption and corporate and personal integrity are increasingly important in the global economy we live in today. Many national and multinational companies face serious cultural dilemmas including corruption and honesty/ integrity issues. Select two of the most corrupt/ low integrity countries i
Affirmative Action Describe the elements of affirmative action as it applies to public sector and private sector employers and how it interacts with Title VII requirements of Equal Employment Opportunity. Affirmative action enforces equality in the workplace as it relates to hiring, training-apprenticeships, promotion, compensation, transfer, layoff, termination and goals. Affirmative Action enforces equal employment opportunities for disadvantaged group or individuals who are discriminated against due to race, religion, creed, color, disability, national or ethnic origin, sex, age or marital status. Affirmative action programs are designed to improve the workplace environment and free it of discrimination. The Federal Employment Equity Act enforces employment equity. Legislation demands employers to account for their employees who belong to these four groups. Employers are required to establish all groups are represented equally, at all levels within their organizations. According to "Marquita Sykes in the article entitled The Origins of Affirmative Action (2008, ¶ 1). The Thirteenth Amendment to the Constitution which made slavery illegal. President John F. Kennedy's 1961 Executive Order 10925, to enforce Affirmative Action." (Affirmative Action, 2008, ¶ 1).
Affirmative Action Describe the elements of affirmative action as it applies to public sector and private sector employers and how it interacts with Title VII requirements of Equal Employment Opportunity. Affirmative action enforces equality in the workplace as it relates to hiring, training-apprenticeships, promotion, co