Summary of Scenarios This essay examines two legal situations regarding shareholder rights and corporate wrongdoing. Billy Bryant, the CEO and chairman of Breakstone Capital Corporation, is involved in the first scenario. He lied about his educational background in SEC filings; because of this, stockholders sued, claiming that there had been...
Introduction Tender contracts have been a reliable and effective tool for facilitating mutually beneficial cooperation for many years. Tendering is attractive to businesses because it facilitates negotiations and transparency, which are crucial for government organizations. In most cases, the conclusion of tender contracts benefits both parties. However, difficulties and unforeseen...
Introduction A contract is the basis of performing every legal business in the world. Unlike an agreement, a contract is a voluntary agreement that creates mutual obligations for two or more parties. A contract can also be used by a court to make a judgment. On the other hand, an...
Overview of the Company and Summary of the Crime The chosen company is Enron, and the crime committed by the company’s executives, particularly by Enron’s former CFO Andy Fastow, was related to fraudulent accounting activities and the manipulation of financial statements. The CFOs were accused of hiding debts and engaging...
Missing Contractual Element Identified by Zehmer In Lucy v. Zehmer (1954), Zehmer insisted that the fact of alcohol intoxication was a solid reason to appeal to the lack of serious intent of the offerer to be bound by the contract. He insisted it could not be a legal agreement as...
Contract Modifications Contract modifications are a crucial part of any contract-based business. Modifications are changes to the existing agreement between two or more parties that can be utilized for various reasons, such as extending the contract, adding additional services, or changing the terms and conditions of the agreement. As such, businesses...
Case Summaries In this essay, corporate management and product responsibility are two legal scenarios that are analyzed. In the first scenario, Parker charges Phillips with wrongfully stealing a business opportunity from their closely held organization. In the second scenario, Simon’s mother files a lawsuit against Allan and Bradford Inc., claiming...
Introduction Over 90 nations have signed the UN Convention on Contracts for the International Sale of Goods (CISG), which was approved in 1980. International business transactions, particularly those involving the sale of products, are governed by the CISG, a unified law (Ay, 2022). The CISG establishes a framework for contract...
Introduction In the business world, price fixing refers to an agreement between rival businesses to coordinate pricing increases, decreases, or stability. Antitrust laws prohibit companies from cooperating to fix pricing or other competitive criteria. Customers expect prices to be determined by market forces, such as supply and demand, rather than...
Introduction The Buffalo Creek Disaster, as documented in Gerald Stern’s book, is an example of how a civil action works its way through the courts. This essay will look at some fundamental principles in civil litigation, including negligence, defenses to negligence, pleadings, and the theory of piercing the corporate veil. The...
Introduction Is Walmart liable for false imprisonment under the shopkeeper’s privilege statute? Based on the circumstances, Walmart officials were partially mandated to detain the suspect, but only if he consented. Karl Cockrell was willfully imprisoned without consent and harassed since none of the employees saw him steal anything, meaning they...
Scenario Summary A pet supply store owner expanded operations to sell live animals despite a lease restricting the business to supplies. Noise from dogs and parrots disrupted a neighboring yoga studio, and a snake escaped into the studio, causing the tenant a heart attack. The store owner withheld rent over...
Introduction The Uniform Commercial Code (UCC) is the general set of laws governing all United States transactions. Generally accepted legislation is vital because each participant can be convinced of the purity of the act. UCC’s allocated negotiable instruments include an order and a promise to pay money. Within the framework...
Introduction A law should prohibit the use of telemarketing to sell goods and services. Telemarketing uses automatic dialing systems to send outbound calls to potential clients. In recent years, telemarketing has spread more widely and has been discovered to cause annoyance, harassment, and probable privacy infringement. Understanding Standing and Eligible...
Introduction In commerce, the smooth and efficient transfer of obligations is vital. The Uniform Commercial Code (UCC), a detailed set of laws controlling commercial transactions in the United States, plays a significant role in providing a standardized approach to these transactions. Under the UCC, instruments have a unique definition and...
Introduction The Woburn Case is the main case considered in the famous legal drama film A Civil Action. The case provided concerns 12 tragic deaths of children from leukemia over the past 15 years in a small Massachusetts town. The spread of the disease occurred due to contamination of local water...
Case Scenario Ed contracted with Becky to build a house. Immediately prior to that meeting, Becky was so nervous that she drank an entire bottle of champagne, so she did not remember all of the details of the meeting. Shortly before the closing, Ed met with Becky, accused her of...
Introduction Disputes that take place within the judicial system have considerable consequences for all involved parties and future arguments. For instance, Intermountain Lumber Company v. Commissioner is a legal quarrel involving matters of depreciation, financial transfer, taxation, and control in business (Abrams & Leatherman, 2019; Cohen, 2021). Although the case...
Introduction White v. NCAA case concerns the organization’s limits on athletic scholarships. The prosecution’s main complaint was that the NCAA limits athletic scholarships to mandatory tuition fees, living, and other expenses (Ruddell et al., 2019). The prosecution argued that the NCAA’s determination of student-athlete subsidies was a violation of the...
Introduction When parties sign a contract, the mutual expectation is that both sides will respect their obligations. Yet, circumstances where agreements are not followed are frequent, necessitating legal action to make up for the harm they cause. The legal system provides several different remedies for contract breaches, each with a...
Introduction In recent times, two significant developments have emerged which hold the potential to reshape the relationship between employees and businesses. The first article discusses San Francisco voters’ approval of taxes on CEOs and large companies. On the flip side, the second article outlines the boost of Florida’s minimum wage...
Background Sports agent Norby Walters devised a plan in which he coerced student players into signing contracts, committing to be represented by them should they choose to pursue professional careers. In exchange, Walters gave the athletes cash and automobiles. These agreements were made to allow athletes to continue competing in...
Introduction The McDonald’s coffee case involving Stella Liebeck has been a source of public fascination and debate regarding tort law and corporate responsibility. In this essay, I will discuss my initial opinion of the case, how reading “And Now the Rest of the Story” altered my perspective, and provide a...
Introduction Contracts are a fundamental aspect of the American economy, as they provide a framework for parties to enter into agreements and ensure that promises are upheld. However, the principle of damages being limited to those that are predictable at the time of contract creation raises questions about the extent...
Introduction Understanding the legal environment of business is essential in the world of commerce. It involves a comprehensive understanding of the law, its origins, and its relationship to business. This understanding allows professionals to recognize legal situations, minimize liability exposure, and identify when it is necessary to consult an attorney....
Case Background Ed hired Becky to build a house, but before their meeting, Becky, feeling extremely nervous, drank a whole bottle of champagne and can’t remember much from it. Just before closing, Ed accused Becky of fraud and threatened to block the contract. His associate, a former stunt double for...
Introduction Orca Eventyr Kayaks, Inc. is a Norwegian producer of luxury glass bottom kayaks. Those kayaks were imported into the United States and were the “subject imports” in the proceeding. Orca Eventyr Kayaks, Inc. is the appellant in this court. On March 19, 2022, P.N.W. Kayaks, Inc. filed petitions to...
Introduction Defamation refers to damaging one’s reputation by spreading negative and false information. While defamation cases concerning printed media are complex, they can quickly establish the author of a defamatory article, its publisher, and the publication date. However, the authorship and original publication source are more challenging to determine online...
Introduction Since my large US online retail organization does business internationally, it should abide by various regulations that are effective in different countries. The new General Data Protection Regulation (GDPR) is one of them, and this guideline draws much attention to privacy and security and is effective in the European...
Introduction It is critical to research the local laws and regulations that apply to a business before its establishment. Understanding the various legal structures and the requirements set forth by the relevant statutes to operate a business legally is vital. The intellectual property of business owners in the United Arab...
Case Brief Boka Powell, LLC, a Kansas City-based architectural design business, represented by Herron and Baltimore Avenue Investors, LLC (BAI) represented by Barnard, have entered into a written lease contract for an office building. The opportunity to first reject the lease of this office was included in the two-year leasing...
Tasks and Performance Supervision The contract that is to be signed by both parties (the office and the service provider, namely, the office cleaning company) will contain details on the cooperation. On the one hand, aspects related to monetary reimbursements and similar elements will ensure that the services are remunerated...
Introduction The antitrust or competition law is an important regulation designed to protect consumers and businesses from unfair business practices, such as monopolies, price fixing, and other anti-competitive behavior. This law is essential in any country to promote fair competition and protect consumers from higher prices and reduced quality of...
Introduction The intention to generate a contract between the office and a cleaning company in regard to its permanent service provision requires in-depth analysis and consideration of the needs, opportunities, and circumstances linking the two entities. However, establishing and implementing the contract as evidence of the financial and other obligations...
Introduction Employment laws provide a framework for corporate interactions to ensure safety, justice and support. Examples include sexual harassment laws and other regulations. Violations can lead to sanctions, so clear recommendations must be established to prevent any legal issues (Jr et al., 2019). Some of the recommendations to maintain employment...
Introduction This case study discusses the contract Donna signed with Sweet-Ums Inc. concerning the timely delivery of pasteurized egg whites and toasted vanilla sugar. The issue is whether Sweet-Ums breached the contract and failed to deliver the products before the required date. The company’s inability to provide Donna with the...
Agency law and the Uniform Commercial Code (UCC) are two legal frameworks that complement each other in the context of contract disputes. Agency law deals with the relationship between a principal and an agent, while the UCC governs commercial transactions in the United States. Understanding both of these legal frameworks...
Introduction Employment laws are meant to protect people from being mistreated in the workplace. One example of a regulation that safeguards workers is the Americans with Disabilities Act (ADA) (Blanck, 2022; Brooks, 2019). In particular, ADA’s Title I forbids employment discrimination, and the ordinance bans discrimination against individuals with disabilities...
The First Legal Point Definition The Uniform Commercial Code was chosen as a civil law code for the first legal point. According to Eisenberg, the peculiarities of the Uniform Commercial Code highlight contract as “the fact [is that essential purpose of a contract between commercial actors] is actual performance” (264)....
Introduction It’s likely that the wounded worker would prevail in court if they filed a lawsuit against the business. While they were aware of several slide accidents occurring in similar circumstances at their other sites throughout the region, the corporation failed to maintain a safe working environment for their employees....
The case of Carter v. Tokai Financial Services, Inc. embodies the application of Article 2 of the Uniform Commercial Code (UCC). The critical issues in the case include determining whether the agreement was a valid lease of a security and what the remedies would be for a repudiation by either...
There are many contracts made and broken daily that society uses to achieve common results over time. Contracts are part of many sales and purchases, labor law, the land code, health insurance, and more. A contract is the most common form used when both parties agree. Contract law governs the...
Introduction Every industry and governmental domain involves specific rules and laws by which every person must abide. Among such laws is the federal equal time rule, which states that every candidate who runs for office must have equal opportunities in the context of broadcasting. That said, if the broadcaster sells...
Sue Ann Apolinar hired a guide with the help of a tour company that was required to accompany her throughout her river rafting trip. Apolinar was aware of the risks and the release of Arkansas Valley Adventures, LLC from liability for the risks and hazards. Nevertheless, her knowledge of the...
The 2008 financial crisis was a complicated issue that ended in a variety of ways. However, a lot of economists agree that the collapse of the investment firm Lehman Brothers was the catalyst for the global downturn that followed the financial crisis (Zengin, 2019). Therefore, when the bank’s management sought...
Introduction E-commerce is a large segment of the economy in which payment for services or goods is made online. These transactions are carried out using computer systems, but sometimes it is not entirely safe. To prevent various types of dangers for consumers on the Internet, the United States has developed...
Introduction It is no secret that opening a new catering subsidiary company is a qualitatively new stage of development for the hotel and resort corporation. Accordingly, implementing such a project from scratch requires thinking through several ideas. For instance, before creating a firm, one should carefully study a wide range...
Abstract This paper provides an analysis of the Indian regulatory framework as it pertains to the case of Rakesh Agrawal vs the Securities Exchange Board of India. This case involves the Securities and Exchange Board of India (SEBI), the Respondent herein, and its order passed on 10.6.2001. The facts of...
Tort Law Tort law is a subset of civil law that covers disagreements between private parties in their broadest sense. The law of torts is used to recompense persons who another has wronged, and this compensation typically takes the form of a monetary remedy. It emphasizes the idea of compensation...
Introduction The United States v. Morrison case is a good illustration of a multi-jurisdictional search. A federal jury explained that the Morrisons assisted clients in filing false company losses to get tax refunds rather than pay the taxes that were actually owed. When the Morrisons learned that the IRS was...
Contract Between the Friendly Dawg and Landlord Lou A legally binding agreement between two parties is spelt down in the form of rules or expectations. If one of the parties to a contract fails to uphold their end of the bargain, they may be liable for damages under the contract’s...
Legal systems have specific terminology that is reflected in the common law. Among such terms, we can distinguish the Black Letter Law, which reflects a decision on a particular case without question or controversy (Wright, 2018). It can be said that the Black Letter Law is an axiom of jurisprudence,...
Chapter 4 Negligence is behavior that puts another person in unreasonably great danger of damage. A duty is an obligation to conduct responsibly under the law arises from people’s relationships with others. The class plaintiff belongs to establishes the possessor’s duty of care under the legal system. Trespassers, licensees, and...
Introduction The United States prosecution sued Epsilon Data Management LLC on account of intentionally selling clients’ details to other entities engaging in fraudulent activities. The prosecution acclaimed that a significant percentage of Epsilon consumer baseline were victimized due to the negligence and lack of compliance with the safety measures protecting...
Abstract Limited liability partnership exist in many countries with varying degrees of deviation from the United Kingdom model. In most countries, the LLP is a tax stream entity designed for professionals with an active role in managing the partnership. Thus, the research paper will establish and analyze the main legal...
Introduction To execute a real estate deal in February 1991, the accused required a loan. In due diligence, Ms. Joan Williams ultimately agreed to finance the plaintiff the $6,000 needed to close the escrow because failing to do so would cause her to lose the active agreements (Pazarbasioglu, 2020). In...
Ensuring that contracts are enforceable is a crucial part of the legal aspects of business relationships. In turn, for a contract to be endorsable, it must meet several key criteria. Specifically, an enforceable contract must be based on mutual assent, consideration, capacity, and legality (Mendelson & Paul, 2022). By meeting...
Introduction The Family and Medical Leave Act (FMLA) in the U.S. entitles most employees to have job-protected leaves when necessary. It also forbids discrimination and retaliation against an employee who has exercised or sought to utilize the FMLA rights by the employer. Discussion Furthermore, employers are prohibited from using employee...
The Process of Marine Insurance Contract Formation Marine insurance contracts are designed to protect against risks associated with maritime transportation and commerce. These risks can include loss or damage to cargo, ships, and other property associated with maritime activities. Marine insurance can also provide coverage for liability arising from maritime...
Introduction The democratic republic of Timor-Leste, also known as East Timor, is an island country in the Pacific Ocean, south of Indonesia and north of Australia. Its capital is based in Dili and runs a semi-presidential system where the elected president shares power with a parliamentary-appointed minister. The insurance industry...
Introduction In this paper, the discussion will revolve around Victor Tremont, who intends to sell his car because he is in need of cash. His initial offer for the classic car is $4,900 or Best Offer. Three people appear interested in buying the classic car, with each presenting a different...
Introduction John Coomer was at Kaufman Stadium on September 8, 2009, watching the game between the Royals and Tiggers. The Royals team mascot hit Coomer in the eye with a hotdog during the “Hotdog launch”. Eight days later, Coomer told the Royals that he underwent surgery after being diagnosed with...
Introduction The main focus of this paper is on Google, which is facing a lawsuit from the Department of Justice. This case examines the company’s illegal activity, which consists of non-compliance with antitrust legislation. Google used various levers that contributed to limiting the development of competition in the field of...
Introduction The growth of e-commerce in the past few decades has been driven primarily by new technological developments that have necessitated the enactment of laws to direct electronic payment and e-contracts. In Kuwait, Law No. 20 of 2014 concerning electronic transactions governs e-commerce and its various aspects, including electronic records,...
Introduction The need for transparency, participation in local government and responsibility led to the enactment of the Brown Act in 1953. Prior to the Act, government officials would hold discrete meetings that were non-compliant with the public notice requirements. Discussion The Ralph Brown Act guarantees all members of the public...
Introduction Big data analytics entail digital forensics investigation, which involves locating, obtaining, and recording digital evidence using specific software tools to create evidence that can be used in court. Law enforcement uses digital forensics to gather evidence after a crime has been committed to prosecute a suspect or stop more...
Introduction A contract can be an oral or written document that creates legally enforceable obligations on all parties involved. The burden of proving that a business agreement is enforceable is usually placed on the person claiming the validity of the contract in the first place. In this essay, the primary...
Introduction In the Law of Contract, special predetermined agreements between the sides determine the existence of a contract. The importance of the contract refers to the necessity to identify both rights and obligation of the parties, which possibly allows detecting a breach of contract, if necessary. This paper discusses the...
The franchise agreement between J.C., Inc. and McDonald’s Corporation is the subject of this case study. In Lancaster, Ohio, businesses had a franchise arrangement to run McDonald’s restaurants. According to the terms of the agreement, J.C. had to give McDonald’s a set percentage of gross sales each month. The franchise...
Cox Enterprises, Inc. v. News-Journal Corp. In May 2004, Cox Corporation Inc, a minority shareholder of News-Journal, filed a lawsuit against News-Journal Corporation, Florida, seeking relief for misused corporate assets. The Court ordered News-Journal to repurchase Cox’s shares at $129.2, which News-Journal could not pay due to limited funds. The...
Introduction The six principles laid out by Professor Summers obligate unions to represent all employees in good faith and without discrimination. As an exclusive bargaining agent, the Union must appropriately represent all employees within the bargaining unit. As part of its duty of fair representation, a union must negotiate and...
The Graham County Elec. Cooperative, Inc. v. Local Union pertains to the award of attorney’s fees and other costs. The defendant is the union, while the plaintiff is the cooperative. In a previous case involving these two parties, the union represented a company employee named Curley. After Curley was charged...
The Facts of The Case In late 2007, Drake, a Delaware corporation, agreed with Polyflow to sell “couplings” that the agreement termed as products designed by Polyflex for Thermoflex Tubing. Drake’s plant is in Sheffield, Pennsylvania and the company shipped the products from the location to Polyflow’s business establishment in...
Abstract The report analyzes the Delaware restriction of Shine-It, the doctrine of “police powers” in the Tenth Amendment, and discusses the need for businesses to understand how Interstate Commerce Clause and state police powers. Clean is seeking to continue selling the surface cleaner in Delaware because of high returns but...
The parties to the case The parties to the case are Olympic Airways and Rubina Husain. The citation of the case 540 US 644 (2004) The basic facts of the case Abid Hanson and his wife, Rubina Husain, embarked on an Olympic Airways flight and sat in the non-smoking area...
Introduction The issue in this case is that a deal to Mr Martin occurred unfairly due to a unilateral error by the Wells Fargo agent that resulted in a misrepresentation of the property’s value. It leads to Wells Fargo going to court and hoping to have this erraneous sale nullified....
An implied warranty assures the buyer of product reliability based on the intended uses, usually expressed as commodity merchantability or fitness. There are legal exceptions to the implied warranty, especially when a sales contract comes with the “as is” clause which the merchant uses to disclaim a product’s fitness, such...
During the last decade, the officials have allocated a significant share of the budget to ensure equality and inclusion of all American citizens. Nonetheless, even though there is some progress in this field, the problem of inequality and lack of diversity and inclusion remains topical. One of the illustrations of...
A contract is an agreement between two or more parties that is enforceable by law. It generates an obligation or promise meant to be fulfilled according to the validity and capacity of the involved parties. Marcel Motors entered into a unilateral contract with its consumers, specifically Chenard Jr., upon promising...
Introduction Where a real estate project or any construction is concerned, a contract is an essential part of the process. It offers key protections for the parties to the contract and for both homeowners and contractors or project owners. In overall, it provides obligations and duties that the parties have...
Introduction Joseph Canada, an employee of Samuel Grossi & Sons, was fired upon discovering that he had used the company’s phone to solicit prostitution services during office hours. Gross behavior could affect work and destroy the reputation of the company because it was immoral and indecent (Hyman, 2022). Discussion However,...
Overview of the Case Starbucks is the leading global coffee selling brand for its unique and various products. For example, the Frappuccino brand served in different flavors is made of blended frozen beverages and is famous throughout America. In 2016, Starbucks Corp lodged a trademark lawsuit in the New York...
Introduction Obtaining commodities or services for commercial reasons is known as procurement. Procurement is most often connected with businesses due to the large-scale nature of the services and products that corporations need to procure. However, procurement has quickly become more than merely a need during the last few years. When...
Issues William owns a building and leases it out to Lester’s Machine Shop. Lester recommends that William rewire the building in preparation for the procurement of new equipment. The wiring would cost around $4,000, but as it is only used in conjunction with the specialized equipment, it would not raise...
For the company’s formation, Luke, David, Marcia, and Rosie need to undergo the registration of the company process, which entails the provision of crucial documents with the registrar of companies at Companies House. The company formation process is referred to as the incorporation process. Therefore, the four will have to...
Nowadays, many young people receive academic degrees which they cannot put to practice and thus become unable to find a proper job. In some instances, such individuals decide to sue their colleges for not providing them with an education capable of yielding career opportunities. Nevertheless, the act of suing a...
Introduction Exclusive Emerald Gems is an Australian company that went bankrupt due to the impossibility of fulfilling its obligations. The five directors of the company were unable to act together in the interests of the business; some of them were not competent enough. The company’s failure occurred due to two...
The tort law determines if a person or an organization is to be held liable for injuries caused to the other party and, if so, the amount of compensation that should be paid. This law is important since it forces businesses to act fairly, meaning the businesses will perform their...
The given case tackles the issue of fiduciary duties. The paper aims to examine the main aspects of fiduciary duties laws applicable in the given case. To help Roberto build his position against Gina, four cases taken before the High and Federal Court of Australia were examined to uncover legal...
Introduction A legally enforceable agreement between two or more parties is what constitutes a contract. In other words, it is a promise or collection of promises for which the law establishes a remedy and which the law acknowledges as requiring fulfillment. It is established when both parties have the necessary...
The case concerns the violation of terms of a separation agreement conducted between Crystal Scripps McKellar (McKellar) and the Mithril Capital Management LLC collective (Mithril). Specifically, McKellar is involved in three lawsuits in three different states with Mithril Capital Management LLC, Ajay Royan (its owner and general partner), and entity...
From a personal perspective, JUUL Labs has committed several illegal acts associated with its reckless business practices. First of all, the company deliberately downplayed the health-related risks caused by vaping, especially the danger of nicotine. According to North Carolina Attorney General Josh Stein, “typical JUUL pod is so strong and...
Covenant not to compete is an agreement in an employment contract when hiring and means that the employer restricts the employee from competing with him in any form after dismissal. However, an important caveat is the fact that a contract cannot restrict an employee from selling goods or services to...
Introduction of the Issue Kat saw a poster at Steaks Alive restaurant that invited customers to a challenge where they would not pay for ten steaks eaten within an hour. Although Kat signed up for the challenge and ate ten steaks in 59 minutes, Nikita, the restaurant manager, forfeits the...
Introduction of the Issue Liza agreed to stay in Julian’s house while the latter worked in New York for two years on the condition that Julian would leave her barbeque behind for Liza to use. However, Julian carried the barbeque with her, breaking the promise upon which Liza relied to...
Introduction of the Issue Gators Pty Ltd was contracted on June 7 to provide gate entry services to a concert by Lil’ Z for a sum of $100,000 on September 7. However, petrol prices skyrocketed; increasing transportation costs and labor shortages doubled the wage rates for Gator’s staff hiring. Gator’s...
Any organization resembles a living organism that requires various parts to function well individually and in concert. Senge’s (2006) eleven laws described in the chapter “The laws of the fifth discipline” of his book can help understand the nuances of relations in an institution. When I did my summer internship...
Creditors and purchasers are protected from monetary loss due to flaws in an estate’s title through title insurance, a type of indemnification insurance. Borrower’s title insurance, which the debtor acquires to safeguard the lender, is the most typical sort of title insurance. Lenders and homebuyers are covered by title insurance...
Introduction Morality and ethical practices create an avenue for developing sustainable behavior in the world’s economy. Laws govern rules that dictate right and wrong approaches to specific matters within society. Failure to adhere to the regulations results in penalties in fines, jailing, and many more. Laws are essential for the...
Valid and warranted are synonyms for justifiable under law or another principle. Inductive arguments can make use of the concept of validity because it denotes that something is justified by a rule or principle. The word warranted is used to convey assurance of something in deductive arguments. Conditional assertions, which...
