Pls. see attached.
Please identify the legal issue and applicable rule and facts to the attached case. Smith v. Store Smith was a part-time checker for a store. During one particular sale, she and a customer, had a disagreement about the "sale" price of a particular item; the customer left her merchandise at the counter and went to check t
Scenario 1: Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback's arm, and sending the ball into the stands, injuring a fan. The referee calls this an incomplete pass, which upsets Malik, a fan seated next to Ruben. Malik j
Some people have argued that binding third party interest arbitration should be required to resolve impasses over all contracts (new or renewed contracts). They claim this would be equitable and avoid the social costs of strikes. Evaluate this proposal. What is your opinion? 348 words
1. Two brothers would like to form a small retail business. They would like your advice in structuring the business. They have heard that there are various options such as a corporation, a partnership or a sub-chapter S Corporation and would like to know the advantages and disadvantages of each form. Include both tax and non-ta
Read Hochster v. De La Tour 1. Was Hochster required to file an action for breach of contract immediately upon being notified that De La Tour was repudiating? 2. What reasons support the nonbreaching party's right to institute an action immediately when there is an anticipatory breach? 3. How long does the breaching party h
Jenkins v. Eckerd Corporation questions: 1. After reading the case, explain the Parole Evidence Rule. 2. Have you ever been the victim of a parole evidence rule violation? 3. Do you agree with the parole evidence rule? Explain.
1. What are some differences to the employer between having employees and independent contractors working for him? 2. Religion is protected by Title Vll. What does an employer have to do to meet a religious need of an employee? What is this standard called? 3. What is Affirmative Action? How is it different from Title Vll emp
Force majeure is a universally adopted provision in procurement contracts. What constitutes force majeure? Further, termination of public procurement contracts is also not uncommon. What are the common grounds for the termination of a public procurement contract? Can warranties be enforced?
Of the several regulatory bodies, which has the most effect on companies? Why? Do both public and nonpublic or not-for-profit organizations comply with the regulations of all regulatory bodies? Why or why not? Are there gray areas? How do companies assure compliance with regulations? How does your company comply? Any thoughts on
1.What are three advantages of an S Corp. over a Partnership? Give examples of each one. 2.What is Piercing the Corporate Veil? When does it happen? 3.What are three negatives of an S Corporation? 4.What is double taxation? Provide an example. 5.What is unlimited liability? 6.Who hires the management that runs a publicly
Miguel buys a truck in Texas, then moves to Washington. A year later, he is driving his truck in Oklahoma, and causes an accident by running into another car, whose driver is from Florida. In what states will the other driver be able to sue Miguel? Texas? Washington? Florida? Oklahoma? State the reasons for your answer. Re
This is an explaination of the law of non-contradiction. It is illustrated by a personal daily struggle that is an example of the law of noncontradiction and the challenges posed to beliefs and decisions.
The law of non-contradiction as stated by Aristotle: "It is impossible for the same thing to belong and not to belong at the same time to the same thing and in the same respect" http://plato.stanford.edu/entries/aristotle-noncontradiction/ According to Allan Bloom, "the earliest-known explicit statement of the principle of
Question One You are the owner of a catering business. One of your sales reps is gay. He has just returned from Iowa, where he was married to his long term partner. He is well liked, generally, by all of the employees. He has also decided that he wants to leave his job and has been sending out resumes and responses on Monst
Phase Five Overview of Data Collection Techniques ? Complete Phase Five: Overview of Data Collection Techniques. Prepare an overview of data collection techniques. Include ? Records tracking ? Assessment centers ? Assessment instruments ? In baskets ? Leaderless group discussions ? Nonverbal tests ? Situational tes
Use the NewCorp Legal Scenarios to answer the following questions: o What liability does NewCorp have? o What regulatory and compliance requirements and legal principles, such as statutory or case law, are relevant to this situation? 963 words, two references
Identify which tangible and intellectual properties are significant to information technology, what managers in the industry might do to protect an organization's property rights, and what they must do to ensure an organization protects others' intellectual property rights? 522 words including bullet list for expansion
Question 31 When a warranty covers the future performance of goods, the breach occurs: A. at the time the buyer should have discovered the defect in the product. B. anytime within four years after the buyer discovers the defect. C. anytime within ten years after the buyer discovers the defect. D. none of the above
Ambrose Motor Corporation has expected earnings before interest payments for the next year equal to $100 million if it does not lose a product liability lawsuit. Interest and principal payments on its debt equal $60 million, leaving $40 million for shareholders if it does not lose a product liability suit. The probability of losing a product liability suit is 0.02, and the expected damage if a suit is lost equals $50 million. If the suit is lost, the firm will be unable to make its promised payments to debt holders and it will have to renegotiate its debt payments. The legal and administrative costs of negotiations equal $5 million. Should Ambrose Motor purchase a liability insurance polity with a $50 million limit for a premium of $1.2 million? Explain.
Ambrose Motor Corporation has expected earnings before interest payments for the next year equal to $100 million if it does not lose a product liability lawsuit. Interest and principal payments on its debt equal $60 million, leaving $40 million for shareholders if it does not lose a product liability suit. The probability of l
You are asked to consult a friend who is opening a business in Puerto Rico. Your friend is unfamiliar with the accounting rules and laws that he or she must follow. Discuss the accounting laws that will be relevant to your friend's business. Refer to www.michie.com/puertorico for information about Puerto Rico accounting laws
Analyze the affects of stakeholder interests on free markets. (Address the stakeholders to include professional autonomy)
Mr. A, a national of State X which is a party to the International Covenant on Civil and Political Rights and its first Protocol, was arrested by the police in October 2005 in the context of terrorist bombings that took place in the capital of this state and have left many people killed or seriously wounded. Mr. A was beaten up,
1.What are the elements of a negligence cause of action? "The elements of a cause of action for negligence are 1) legal duty to use due care; 2) a breach of that duty, 3) a reasonably close casual connection between that breach and the plaintiff's resulting injury, and actual lost or damage to the plaintiff." (Mathews and Lancaster, 1981). 2.Describe each one and give an example. Due Care is classified as an individual or business owners responsibility to foresee potential danger and acts in accordance with all practicality, laws, regulations etc. to prevent injury to innocent bystanders and/or patrons. Example: A restaurant owner instructs an employee to mop the floor (note: if floors are wet and a patron slips and falls the organization would be liable for all damages if the patron was unaware that the floor was wet), due care is exercised when the owner/manager insists that the worker puts cones around the mopped area that states that the floor is wet to inform patrons to use caution when walking in or around the mopped area. Breach of Duty-Duty is considered breached if the individual knowingly exposes one to be harmed knowing the consequences. "A defendant who did not realize he was exposing another to harm, but should have recognized the probability that any reasonable person would have recognized has breached his duty as well." (Shestokas, 2009). Example: A medical facility that does not take the necessary precautions to ensure the patient's safety. For instance, the Endoscopic center in Nevada came under scrutiny for nurses and MA's (medical assistants) reusing disposable needles on patients which resulted in infecting patients with Hepatitis C. The organization knows that reusing needles on a plethora of patients is wrong and hazardous therefore they neglected their obligations as healthcare professionals and have since then closed their practice.
1.What are the elements of a negligence cause of action? "The elements of a cause of action for negligence are 1) legal duty to use due care; 2) a breach of that duty, 3) a reasonably close casual connection between that breach and the plaintiff's resulting injury, and actual lost or damage to the plaintiff." (Mathews and L
Facts: A well-known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications which they sell over-the-counter have been determined to be tainted with small particles of plastic explosive. It has not yet been determined where the plastic explosives came from, but over $8 million in
TCOs F & G. Laura Etheridge and Rita O'Donnell, the CEO and Creative Director of Clean Clothes (a Texas based lesbian women's clothing line) brainstormed together and came up with a tagline for their new slacks line: "Masculine Attitude, Feminine Fit." They market the product on YouTube, Twitter, and Face Book showcasing th
How has the Sarbanes-Oxley Act of 2002 changed the need for the internal audit function?
1. What is the burden of proof in a criminal case? What is the burden of proof in a civil case? Which is the higher standard? Why? 2."The duty of care unfairly burdens business owners." Start by defining duty of care. Then debate this statement using appropriate examples. 3. Ruth carelessly parks her car on a steep h
Tort relates to civil wrongs that do not originate from contracts. One of the types of torts is those that emerge from negligence. Negligence is a tort in which the plaintiff seeks monetary damages. In case of negligence, the plaintiff needs to indicate that all the elements of negligence tort are present otherwise he loses the
Detailing the essential elements of a contract.
What are the implications of the Medicare Modernization Act of 2003?