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Business Law

Contracts and UCC

12. Stacy, located in Florida, is entering into a contract with Natasha, located in Russia, for the purchase of snow globes to sell to people who do not typically get to see snow. Stacy is familiar with the UCC but uneasy about what law would apply should she have a dispute with Natasha regarding the contract. She would like for

Sellers, Buyers and UCC

1. If goods identified to a contract are destroyed before risk passes to the buyer, the seller must obtain substitute goods. True or false 2. A buyer who has accepted goods may later revoke the acceptance if the buyer can show that the defects substantially impair the value of the goods. True or False 4. A buyer who has acce

Medical Expense and Partial Disability Case Study

Aristotle Mythos is having a "mid-life crisis," in large part because he is 50 years old, and he realizes that most people do not live to be 100. In an attempt to conquer his depression, and to prove that he is equivalent to a 20-year-old (at least in spirit,) Mythos plans to climb Mount Zeus, the highest peak in his ancestor's

Contracts and validity

the following is true regarding the defense of Sally and her parents that the car was a necessary? The claim will have no effect because the law does not recognize the concept of necessaries when minors are involved. Social status is always irrelevant in addressing a claim that an item was a necessary. Whether or not paren

Bait and Switch according to the Federal Trade Commission

Mike Plasma is in the market for a new "big screen" flat-panel television. While reviewing the Sunday newspaper, he notices a full-page advertisement from "TV Town." The advertisement includes a 45-inch flat-panel television for $299. Surprised by the remarkably low price, and eager to purchase his new luxury item, Plasma make

Congressional Questions

7. Which of the following is true regarding the privileges and immunities clause of the U.S. Constitution? a. Under the clause, a state cannot prohibit nonresidents from opening restaurants in the state. b. Under the clause, a state can allow state universities to charge higher tuition to out-of-state students because re

Commercial Impracticability

Should Linde be discharged on the grounds of commercial impracticability? United Aluminum Corporation (UAC) manufactured aluminum coil. For many years, Linde supplied UAC with the nitrogen it needed for its manufacturing processes. The companies signed a long-term contract in 1997, which said, in part: Linde agrees that at U

The UCC's Rules on Cure Sensible

Are the UCC'S rules related to cure sensible? If a seller ships goods that are not what you ordered, should you (in many circumstances) be required to give them a chance to make it right?

Different Aspects of Government Contracting

1. When a federal agency receives a notice of protest filed directly with the General Accountability Office (GAO), a contract may be award under the following circumstances except...: a. Untimely award would delay project completion date b. Authorized in accordance with agency procedures c. Head of contracting activity conse

Bakalar V. Vavra Case

Facts: Franz Grunbaum was a Jewish man who lived In Vienna before World War 11. In 1938, the Nazis imprisoned him in the Dachau concentration camp, where he died three years later. The Nazis also confiscated his property, which included a valuable drawing. This drawing changed hands several times until it was eventually sold to

Performance Service Agreements

Can someone help with "outlining the protocol for performance service agreements greater than 1 Million projects" for contractors? Please outline all the points in the protocol and provide some new ideas. It should include what is required before developing a performance service agreement for contractor greater than a 1 Mill

Boy Scouts of America vs. James Dale

Please answer the questions related to the case Boy Scouts of America vs. James Dale. 1. Do you agree with the court's decision? 2. Do you believe the dissenting opinion has any validity? 3. Some people do not acknowledge their homosexuality. However, Dale did. Should a screening process be allowed to discover who is a ho

The Doctrine of Apparent Authority

- Discuss apparent authority, generally. - Include an understanding of risk management. - Discuss the relationship between physician and hospital (or other authority/agency). - What conclusions would you as a health administrator make about the relationship between physician and agency? - How can health administrators help t

Gifts versus bribes

The line between accepting gifts and taking bribes may not always be clear. For instance, if a data processing manager decides to purchase mainframe computers for his or her company, it is unethical or illegal for him or her to accept a percentage of the sales as a gift from the seller. Some data processing managers may accept m

Types of Intellectual Property and Their Protections

Types of Intellectual Property and Their Protections Today's legally astute managers recognize the need to protect their rights in intellectual property. Intellectual property is any property resulting from intellectual, creative processes—the products of an individual's mind. The information contained in books and computer

Corporate Operating Agreements

Limited Liability Companies. John, Lesa, and Trevor form a limited liability company. John contributes 60% of the capital, and Lesa and Trevor each contribute 20%. Nothing is decided about how profits will be divided. John assumes that he will be entitled to 60% of the profits, in accordance with his contribution. Lesa and Trevo

Different Types of Contracts

What are the types of contracts? How are contracts formed? What contracts must be in writing? Are oral contracts as binding as written contracts? Why are some contracts required to be in writing. What is the statute of frauds? What problems occur with enforcement of oral contracts?

Liquidated Damages and Punitive Damages

Carnack contracts to sell his house and lot to Willard for $100,000. The terms of the contract call for Willard to pay 10% of the purchase price as a deposit toward the purchase price as a down payment. The terms further stipulate that should the buyer breach the contract, Carnack will retain the deposit as liquidated damages. W

Zimpfer v Palm Beach County Case Study

Read the attached case study documents and answer the following questions in 650 words or more about Zimpfer v Palm Beach County: 1. Was Mr. Zimpfer a victim of illegal age discrimination according to the ADEA and case law? Why or why not? You may use other court cases to support your position. 2. What action do you recommend

Employment Law: A Case Study from a Legal Perspective

The employer is a small, nonunion furniture manufacturer with 15 employees engaged in interstate commerce. Both of the employees involved in this case worked in the machine shop building as band-saw operators. Because the band saws were located near the shop's large overhead door, to facilitate the disposal of sawdust, the band-

Assignment of Contract Rights

You are a designer of children's clothing and decide to open a children's clothing store. You find a nice place in a local mall and agree to sign a one-year lease agreement that runs from September 1 to August 31. The lease agreement specifies that the lease cannot be assigned without the mall's consent. In late May, you decide

Charter Golf Case

Charter Golf, Inc. manufactures and sells golf apparel and supplies. Ken worked as a charter sales representative for 6 months when he was offered a position with a competing firm. Charter's president, Jerry, offered Ken a 10% commission "for the rest of his life" if Ken would turn down the offer and stay on with Charter. He als

Business Law: Pagan v. Glendale

What is the holding in Pagan v. Fruchey and Village of Glendale, 492 F.3d 766 (6th Cir. 2007) and why is it important to business law?

Solid Waste Agency v. United States Army Corps of Engineers

Refer to the law case Solid Waste Agency of North Cook County v. United States Army Corps of Engineers and answer the following question. What's your opinion on whether or not the U. S. Army Corps of Engineers should protect the habitat of migratory birds?

Reinstatement and Back Pay Remedy for Illegal Discharge

Following a representation election campaign in which the union was elected by a majority vote to represent a group of company employees, the employer was found guilty of unlawfully discharging 20 employees during the election campaign for engaging in lawful union organizing activities. The employer entered into a voluntary sett