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...
Introduction 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 Court ordered the selling News-Journal...
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...
Business does not exist separately from the state legislation because any company that wants to succeed cannot ignore the country’s laws. Hence, lawyers and business people should collaborate to ensure a positive customer experience, the non-violation of employees’ rights, and a firm’s prosperity. This essay aims to describe and analyze...
Introduction The case of the Blue Shield Blue Cross Association trial evolved the issue related to the violation of the antitrust laws. The central claim associated with the organizational attempts to control the competition and establish the particular settlement in varied regions of the US. The company and its units...
Introduction The presented case involves two companies, Cookie Heaven and Universal Studios, which faced the challenge of negotiating contract terms, leading to their misinterpretation by one of the parties. The defendant in this case, Universal Studios, stands here falsely accused of violating the agreement with Cookie Heaven, which is a...
Introduction Arbitration is an alternative method of dispute resolution which is usually conducted outside judiciary courts. The conflicting parties must first agree to resolve their conflicts through this method, and the arbitrator is usually neutral regarding the issue of contention. Although the arbitrator could be a member of the judiciary,...
Torts are detrimental to society because they not only harm consumers but they raise the overall cost of products when the company inevitably passes on the costs of the lawsuit to these consumers. In the end, it should be admitted that the latter ones pay for corporate malfeasance. Unlike many...
Introduction A contract, in its simplest, is a promise or written instructions enforceable by law that guide an agreement between two parties. Usually, the underlying instructions under the contracts allow the parties involved to do what is expected to keep the contract alive. Just from the start, making a contract...
Many legal issues affecting commercial industries apply to non-profit organizations regarding the law. While these institutions are founded on good intentions, a lapse in the protocol is non-justified, and board members have every right to consider meticulous care to research the regulations that might impact their operations. Any breach of...
There are many advantages compared to a few disadvantages of mediating a dispute. Due to the numerous benefits, a mediation process is most likely to be successful because it allows all the parties involved to be in control of the conflict (Riskin, 1982). Undoubtedly, this is a better mechanism of...
Introduction In a business partnership, two or more people combine their resources to create a business and accept to share profits, losses, and risks. In such a business, parties enter into a contract that with legally binding terms protects their agreement. The legal provisions or clauses accepted by all partners...
The first activity would be to engage in problem recognition in order to ensure that the correct need is addressed. In the case of administering contracts for 12-cell computer batteries, the responsible agent would have to specify if the trigger is an internal or an external need (Adams & Kramer,...
Background Information and Opinions As of Thursday, Johnson & Johnson had filed for Chapter 11 bankruptcy defense via a company it had fashioned to handle indictments that its talc-based goods were cancerous. In a way that is fair to all stakeholders, the firm stated after filing its Chapter 11 petition...
Introduction The complexity of the business world today means that actors might face numerous issues or challenges during their cooperation. For this reason, business relations are regulated by the fundamental laws that create the framework for successful collaboration and help to resolve all problems that might emerge. These are the...
Introduction The Sarbanes-Oxley Act (SOX) is a US federal law administered by the Securities and Exchange Commission and adopted to protect investors from fraud. Its primary purpose is to improve the reliability of financial reporting and audit quality. SOX requirements relate to internal customer controls for the preparation and review...
Starting Your Business The first step is to form a company name that should not include words that are prohibited by law and should not be borrowed from other titles. Once the name Sky Blue Bed & Breakfast passes all the criteria, it is necessary to appoint a director of...
With the rising concern for environmental issues and climate change, global consumers are more worried about the packaging industry. In response, new regulations regarding packaging sustainability, encouraging the redundancy of packaging waste, have emerged on a worldwide basis. However, these regulations vary considerably by region, rendering the packaging policies inequitable...
In the Olmstead v. U.S (1928) case, the defendants, Roy Olmstead and his employees were prosecuted for violating the Prohibition Act. They engaged in illegal smuggling, possessing, transporting, and selling of intoxicating alcohols (“Olmstead v. United States,” n.d.). Upon suspecting the illicit trade, the federal agents installed wiretaps to access...
Recently, a series of corporate scandals related to the problem of unequal pay enabled more companies to begin acknowledging such an issue in their organizations. Every year, thousands of women report gender-based discrimination in the workplace, and the majority of these complaints concern a considerable difference in the level of...
The Fair Credit Reporting Act (FCRA) violation is a widespread problem that clients face in multiple companies. The purpose of FCRA is to provide privacy and fairness and prevent violation of its rights and policies. It is necessary to have a client’s permission to access their private information (Johnston, 2021)....
There are several similarities between contracts and agreements, but there is also significant difference between them. An agreement can be defined as mutual understanding between several parties concerning their rights, obligations, or performance. A contract, in turn, is “a legally binding agreement between two or more parties which, if it...
Memo This document addresses the issue of the Condo sale contract between Jason Momoa and Tom Arnold. A contract happens to be a lawfully binding arrangement involving two entities or individuals to do or refrain from doing something. Contract law is the oldest field of rule that deals with business...
The warning letter by FDA has summarized and analyzed several of Prosana’s significant violations. One of the most interesting inspectional observations or violations of CFR21 part 211 is the fact that the company has failed to follow Quality Agreements under 21 CFR part 211.65 regulation. According to FDA’s policies, drug...
Issue: The contract agreement between Phar Lap Allevamento and Black Beauty Equestrian was created before the sudden imposing of additional 30% tariffs by the government on the Respondent’s side. The Responded made unlawful action when it rejected paying money to the seller. Rule: According to Lutz (2004), in 1964, a...
Introduction Companies must make decisions every day, from product creation to marketing to growth management plans, but most are based on solid business acumen and not on legal obligations. According to Shapira (2018), “law enforcement actions, such as litigation or regulatory investigations, extract information on the behavior of influential players...
Collective bargaining is an important tool in every setting where people need to formalize agreements. At work, organized groups come up with terms and conditions of engagements to make a deal that bind their discussions. Diamond Casino started its operations some five years ago. The company has a collective bargaining...
The Rome Convention (Convention on the Law Applicable to Contractual Obligations 1980) has been replaced by the Rome I Regulation (Regulation 593 / 2008 on the law applicable to contractual obligations). The paper critically evaluates the impact that this has had on the area of choice of law in contract,...
Introduction In the context of international commercial activities, it is worth noting that conflicts are inevitable. The manner through which disputes, which involve two or more business entities from different nations, are resolved depends on how they are perceived by the individual parties (Stanley & Algert, 2007; Thomas, Thomas &...
Introduction Business law entails various legislations that determine how to start and conduct a business. The choice of an enterprise dictates the kind of laws that apply to that particular entity. For instance, it determines if the business will be sole entrepreneurship or a partnership. When the business is determined,...
Factors Considered In Deciding the Form of Legal Business Entity When starting a new business, it is very important to decide the form of legal entity which may be appropriate based on a number of factors. The legal entity can be sole proprietorship, partnerships (general and limited liability partnerships), limited...
Introduction White-collar crimes encompass nonviolent felonies executed for fiscal gains. Most of them are conspired by highly-ranked personnel within their organizations (Gottschalk 52). Notably, such crimes are not easily avoidable; however, they are taken as serious crimes by the federal government. Besides, they are committed at various levels by people...
An agreement becomes a contract when all the required legal elements are met. Hence, not all agreements qualify as contracts. One of the most important conditions of a contract is that it must be between two or more parties. One of these parties makes an offer while the other accepts...
Introduction The area of corporate law focuses on the establishment of new business entities. This field addresses issues that emerge from the interaction of businesses with the government, other companies, and the public. The subject of business law is multidisciplinary since it covers the areas of intellectual property, tax law,...
The Issue The issue to be further analyzed in this paper is concerned with a breach of contract by one party, which led to the decrease of revenue incurred by the non-breaching party, Party A and Party B respectively. Party A purchased a car in a wholesale market for $15,000...
Introduction The duties of a director can be defined as “a series of statutory, common law and equitable obligations owed primarily by members of the board of directors to the corporation that employs them” (Bostock & Jaques 2000, pp. 5). The law stipulates that the directors should carry out their...
Introduction Public registered companies in Australia have regulations in terms of the payments to senior executives and directors. Shareholder regulations might be in the form of certain rules that are being used in the company such as the remuneration that is received by the important management people in the company....
Introduction Wealthy families usually place their money with private banks, wealth managers, and hedge funds. This move is meant to ensure that the wealth of these families keep on multiplying through the investments done by the private banks, wealth managers, and hedge funds. Once the money has been placed with...
Introduction Laws are a set of rules and guidelines that are used to promote fairness and justice in various settings. They are of great significance since they foster sanity and peace that are essential for development. Indeed, laws are fundamental regulations that are set with an aim of eradicating unethical...
Tanya Trucker owns a trucking company which is located in the state of Denial. Additionally, she resides in the State of Denial. She intends to challenge a legal statute in the state of Confusion requiring all truckers to install a B-type truck hitch. This is because the statute will lead...
