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Contract Law

Copyright and Property Rights

1. Analyze the arguments surrounding fair use discussed in Sony BMG Music Entertainment v. Tenenbaum and discuss how the finding in this case either supports or contradicts your own views in relation to fair use. Provide specific examples to support your response. 2. Assess the issues surrounding downloading music from the In

Staying Competitive, Long Term Marketing Strategies

1. What would be a good set of 5 best practices specific for Boeing for conducting market research? 2. How would I determine what steps Boeing could take in the immediate future to be more competitive in the federal acquisition market? 3. What would be considered a long term (5+ years) strategy for Boeing to be more compet


You recently retired from government contracting work and established a consulting company (fully consistent with government ethics laws and rules, of course) with the primary focus of advising potential government contractors and subcontractors. Mr. Johnny Jones, of The Johnny Jones Flooring and Construction Company has approac

Medicare Issues for Competitive Bidding

1. What would be your arguement as to whether or not competitive bidding will, in fact, provide long-term cost savings when Medicare patients are being limited to the use of the lowest bidders for durable medical equipment? 2. Elaborate on whether or not competitive bidding will remain a viable alternative if Universal Health

Faces of Acquisition Planning

Civilian agencies have obligated over $135 billion in the fiscal year 2010 for services 805 of total civilian spending on contracts. Services acquisitions have suffered from inadequate planning, which puts the budget, schedule, and quality at risk. If reviewing the GAO Report titled "Acquisition Planning: Opportunities to build

Contracting & Ethics

1. What is your opinion of the GAO analysis to determine whether Aetna Government Health Plans, LLC (AGHP), should be excluded from the competitive bid based on an alleged unfair competitive advantage stemming from AGHP's hiring of a former TMA (TRICARE Management Activity) employee (the TMA Chief of Staff) to prepare AGHP's pro

Contract Administration and Change Issues

Contract administration involves those activities performed by government officals after a contract has been awarded to determine how well the government and the contractor performed to meet the requirements of the contract. Review the GAO Testimony: "Contract and Project Management Concerns at the National Nuclear Security Adm

Uniform Commercial Code Warranty Stipulations

A consumer purchased a pre-owned car described as a "2007 Cadillac with 20,000 original miles" on it. The seller is a Cadillac dealership. Like every other 2007 Cadillac, this car has a motor designed and built by Chevrolet and also used in 2007 Chevrolets and Pontiacs. As well, and unknown to the dealer, the original owner has

Property and taxes

Text used: Halbert, T., & Ingulli, E. (2009). Law & ethics in the business environment: 2010 custom edition (6th ed.). Mason, OH: South-Western Cengage Learning. Review "Second Treatise of Government" in Chapter 6. Question asked: Identify any limitation on the right to own property? Is there a need to form gov

Law Definitions Contracts

A simple one paragraph factual scenario to illustrate an example of a contract rendered void by each of the following doctrines. - Fraud - Misrepresentation - Mutual Mistake - Unilateral Mistake - One form of Duress - Undue Influence - Unconscionability

Art and Betty are neighbors and live in an agricultural area. Art just recently had built a new red barn. In late January 2004, Betty asked Art on what terms he would build a barn on her property. Art said that because he had never built a barn for hire, he would charge Betty only $100 per square foot, about $10 more than his expected cost. Art said that he would build a barn 50' by 50'. Betty said, "OK, if you guarantee January 1, 2005 completion." Art agreed and asked for $10,500 in advance to purchase supplies, with any additional further payment made on completion. Betty said, "OK," and paid Art $10,500. On March 10, 2004, Art started to purchase the lumber and found out that the price had increased 150% from the date of his original bid to Betty. On March 12, 2004, he notified Betty that he could not afford to build the barn for the agreed price. He said he would have to charge $30.00 more per square foot because of the increase in lumber prices. Betty orally agreed to the price increase. On May 1, 2004, Art notified Betty that he would not build the barn because he had just contracted to sell his farm to Ted and would be moving out of the area. Betty then contacted her uncle John, explained her circumstances with Art and asked John if he would build the barn on the same terms as she agreed with Art. John said that since Betty was his favorite niece, he would build the barn for her at no charge. Betty thanked John for his generosity and accepted. Betty was able to stop looking for someone to build the barn. John died before he started work on the barn. Betty, annoyed by Art's failure, sued Art seeking to recover her $10,500, plus damages. Further, Betty is seeking damages from John's estate for John's failure to build the barn. 1.In her suit against Art, what are Betty's rights and what damages, if any, and will she recover? Discuss. 2.In her suit against John's estate, what are Betty's rights and what damages, if any, and will she recover? Discuss.

Art and Betty are neighbors and live in an agricultural area. Art just recently had built a new red barn. In late January 2004, Betty asked Art on what terms he would build a barn on her property. Art said that because he had never built a barn for hire, he would charge Betty only $100 per square foot, about $10 more than his ex

Contract Differences

Create a contract scenario that requires both an offer and acceptance letter between the parties involved An example of an offer with a single specified form of acceptance by the offeree. An example of a simple and effective acceptance of the offer that is within the offered means of acceptance. An example of a simple

contract law - specific performance - breach of contract

General Equity Corporation enters into a contract with Honi, who agrees to create artwork for General's main office building. Honi delays and eventually refuses to perform. Meanwhile, General contracts to sell the building to Ideal Investments, Inc., but before the transaction is complete, Jewel Funds Company offers to pay a hig

Anticipatory Repudiation

12-3. Anticipatory Repudiation: Moore contracted in writing to sell her 2002 Ford Taurus to Hammer for $8500. More agreed to deliver the car on Wednesday, and Hammer promised to pay the $8500 on the following Friday. On Tuesday, Hammer informed Moore that he would not be buying the car after all. By Friday, Hammer had changed


Carrie offered to sell a set of legal encyclopedias to Antonio for $300. Antonio said that he would think about her offer and let her know his decision the next day.Norvel, who had overheard the conversation between Carrie and Antonio, said to Carrie, "I accept your offer" an gave her $300. Carrie gave Norvel the books. The n

The Benefits of Litigation

Please help answer the following law questions. Provide at least 300 words in the solution. What benefits would counsel provide in helping a victim to decide whether to take a settlement offer or pursue litigation? At what point would you need to have counsel available?

Scenario of Identity Use

(This is a fictional fact pattern.) Lisa Bonet is an actress who used to play on the Cosby Show, a hit series back in the 80's. Her role on the show was of the smart, but somewhat spoiled daughter who came back and lived with her parents after marrying a soldier with a young daughter. Later, she was invited back for a Cosby R

Evaluate samples of contracts

9. On Monday, Sam's Computer Company wires Bob's Computer Mart, "I have two IBM XT's for sale for $1700 each. You pay cost of shipping." Bob received the offer on Monday afternoon and wired back, "You have a deal. 30 days same as cash." On Tuesday morning Sam called to revoke the offer. On Tuesday afternoon Sam received the wire

Health care administration towards malpractice insurance

You are the Manager/CEO of a hospital and you just hired a new OB/GYN physician/surgeon. Your facility may need to provide malpractice insurance for this doctor with MD credentials. Obtain two quotes from two different malpractice insurance companies specializing in physician malpractice policies for a ten year practicing OB/G

For Understanding Of These Terms

1. What is social contract theory 2. What is rational ethics 3. What are the arguments supporting social responsibility 4. How does the principle of stare decisis provide stability to our legal system 5. What is the role of statutory law in the legal system. 6. What is the difference between a tort and a crime 7. Wh

On The Questions of Law

1. What is the difference between law and morality. 2. What is the general function of the articles and amendments of the U.S. Constitution. 3. What is vicarious liability. 4. What are the six elements of a contract. 5. What is the purpose of the UCC in contract law. 6. What is the difference between a unilaterial and

Legal Studies/First year law school

The solution provides the essential elements required for formation of valid contract with some relevant case law included. The difference between the torts of public nuisance and private nuisance is also covered, with some case law provided. Finally, the tort of negligence is discussed with a description of what is meant by a

Case Analysis

Daniel and Sondra Estelle hired Allenâ??s firm to renovate a home they owned in Ladoga, Indiana. To finance the cost, they obtained a line of credit from Banc One, Indiana, which required periodic inspections to disburse funds. Allen was on the job every day and supervised all of the work. He designed all of the structural chan

Elements for a valid contract

Gerard, an events promoter and coordinator, promises to stage a concert for the benefit of Kids Care, a charitable organization dedicated to helping disadvantaged youth. In reliance on the anticipated receipts, Kids Care contracts for the construction of a residence for homeless teens. After the concert, Gerard tells Kids Care t

Contract basics

What are the four elements of a valid contract? Describe the objective theory of contracts. How does that theory apply to this case? Why do you think the court held that there was not a valid agreement here? Are advertisements generally considered offers? Why or why not? How does this case differ from a reward si

Laws relating to offer and acceptance are summarized.

David manufactures office equipment. Earlier this year he developed a revolutionary new scanner. On 20th May he wrote to Robert and Jenny, both wholesalers whom he had dealt with previously, asking each of them whether they would be interested in becoming the sole distributor for the scanner. On 22nd May Robert and Jenny each

Theoretical Background on Alternative Dispute Resolution

In what situation amicable resolution of problems is greatly preferred by your company. Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution?

Three Types of Contract Performance

There are 3 types of contract performance: complete, substantial and material breach. Describe the differences (and similarities) among the three, and explain some of the legal ramifications for one or more of these types of performances. (For example, what happens if one party performs completely but the other party performs on

Incorporation of a newly established home health agency.

Elaine and Roy are registerd nurses. They want to start a home health agency, taking referrals from physicians and providing health care to homebound patients. They plan to be in business for 10 years. Identify the reasons why incorporation is an effective idea for their business, the steps they must take to incorporate their