BUS205 Business Law Case 1-4 and SLP 1-4Answers 1Bids 1Other questions 10.
CASE 1Before starting your Case Assignment, make sure to thoroughly review the Pearson tutorial and the three required textbook chapters. You will need to cite at least three of the required sources for your assignment. Make sure you fully understand the main elements of a contract and all of the conditions required for a contract to be valid. Then go through the five scenarios below, keeping the concepts from the module in mind.For each scenario, answer the questions. Make sure to support each answer with at least one reference to the required background materials. Be clear about how the reading supports your answer. Your paper should be 4- to 5-pages in length:You are at a bar, watching a football game. You run into your friend Bob and make a bet for $1000 on the game. You have ten witnesses to the bet, but you have Bob sign a short statement on a napkin regarding the bet, just in case. You win the bet, but Bob refuses to pay even though you have sworn statements from all of your witnesses and have a handwriting expert who can prove that it is Bob’s handwriting on the napkin. Will you be able to legally collect your money from Bob? Why or why not?Suppose you are selling your house and receiving bids from potential buyers. Your largest offer for your house comes from someone who is 80 years old, but is very wealthy and has more than enough money to buy your house. He signs an agreement to purchase your house for $500,000. A few months later, he has not yet paid you and you are unable to reach him by phone or email. You later find out he is living in a home for senior citizens with Alzheimer’s disease. Will you be able to force him to pay you the $500,000?You sign an agreement to provide consulting services for a friend of yours. The agreement is that you provide a business report for him on how he can improve the profitability of his small company. The agreement is simple and only includes the following: A) Your name and the name of your friend, B) an agreement that you will complete your report within one month, C) your report will be 50 pages and provide at least five recommendations on how to increase profits, and D) your friend will pay you $50,000 when your report is completed. When you complete your report, your friend is not satisfied and says none of your five recommendations will work and refuses to pay. Neither of you wants to go to court. What went wrong with this contract – the offer, the acceptance, the consideration, or other? What additional clauses do you think should have been included in the contract to prevent this disagreement?You own a small construction business and run into your father-in-law, who wants to hire you for a $10,000 project. He is adamant about not signing a contract, and says, “We are family! No need to get lawyers involved; we trust each other.” Being familiar with contract law, you know that since you are providing a service, rather than selling physical goods, an oral contract will be valid for amounts over $500. However, you know that your father-in-law is a bit absent-minded and might forget the terms of your oral agreement. What step or steps might you take to protect yourself from a future disagreement without a formal written contract?Suppose you own a furniture manufacturing company. You have an oral agreement with a local furniture store to sell your products at a set price of $200 per couch and $25 per chair for a period of two years, with the store agreeing to buy at least five pieces of furniture per month during these two years. There are numerous witnesses to this contract but nothing is in writing. If the furniture store decides to stop purchasing your furniture after one year, is this oral contract enforceable? Explain your reasoning.Assignment ExpectationsAnswer the assignment questions directly.Stay focused on the precise assignment questions. Don’t go off on tangents or devote a lot of space to summarizing general background materials.Make sure to use reliable and credible sources as your references. Articles published in established newspapers or business journals/magazines are preferred. If you find articles on the Internet, make sure they are from a credible source.Reference your sources of information with both a bibliography and in-text citations. See the Student Guide to Writing a High-Quality Academic Paper, including pages 13 and 14 on in-text citations. Another resource is the “Writing Style Guide,” which is found under “My Resources” in the TLC Portal.SLP 1Suppose your 18-year-old brother is a bit confused about what to do after graduating from high school. He has come to stay with you for a while, and in his boredom has recently opened up a lemonade stand in front of your house as he was a very successful lemonade stand operator when he was a child. You are skeptical, as this seems like something a child, rather than a young adult, should run. However, he has actually been making some significant money with his small business.One of the reasons for his success is that he purchases very fresh lemons from his friend Peter down the street, who has three lemon trees in his back yard. Your brother is good friends with Peter, but sometimes they fight. So you want to make sure your brother has a steady supply of lemons, in case he gets in another fight with Peter.For this assignment, carefully review the background readings and the Pearson tutorial on the main elements of a contract. Then, write a short 1- to 2-page contract, specifying an agreement between your brother and Peter regarding the purchase of lemons. Make sure to include the main elements of a simple contract specified in the background readings. In addition to the short contract, include a few paragraphs at the end, explaining which background readings you consulted for your contract and how you used these readings to decide on what to include in your contract.SLP Assignment ExpectationsAnswer the assignment questions directly.Stay focused on the precise assignment questions. Don’t go off on tangents or devote a lot of space to summarizing general background materials.Make sure to use reliable and credible sources as your references. Articles published in established newspapers or business journals/magazines are preferred. If you find articles on the Internet, make sure they are from a credible source.Reference your sources of information with both a bibliography and in-text citations. See the Student Guide to Writing a High-Quality Academic Paper, including pages 13 and 14 on in-text citations. Another resource is the “Writing Style Guide,” which is found under “My Resources” in the TLC Portal.CASE 2As with all of your Case Assignments, make sure to thoroughly review the Pearson tutorials and all of the required textbook chapters before you start on this paper. You need to cite at least three different sources from the background materials in your paper. Make sure you fully understand the main types of legal structures for a business, as well as the main principles of tort law.Then, go through the scenarios below. For each scenario, answer the questions and make sure to support each answer with, at least, one reference to one of the readings in the background materials. Be clear about how your reading supports your answer. Your paper should be 4- to 5-pages total in length:You are the sole proprietor of a small business that is rapidly growing, but you need to raise additional money to fund your expansion. You talk to several friends and family members about making them partners in your business in exchange for investing in your business. However, they tell you that even though they have confidence in your business, they are too busy to be your business partners. They also don’t want to be liable for your debts if you go bankrupt or for any lawsuit that you face. What kind of legal structure do you think you should switch to in order to help persuade your friends and family members to invest in your business?The CEO of a major company gets into an argument with his neighbor for playing music too loud. The CEO gets very angry and ends up punch
ing his neighbor. The neighbor considers a lawsuit, but finds out that the CEO’s company is a corporation and that corporations have limited liability. The neighbor also finds out that this corporation is close to bankruptcy, with zero net assets. Is there anything the neighbor can do? Or is the CEO of a corporation with zero net assets protected from a lawsuit for his act against his neighbor?You and your friend each own 10% of a corporation, but the main founder and CEO of the company owns 80% of the company. You and your friend are each serving on the board of directors of this corporation. But the CEO has appointed eight other board members, including his parents, his grandparents, his wife, and his brother-in-law. You and your friend think this is unfair because most of the board always takes the CEO’s side whenever you have a disagreement. Is the CEO within his rights to appoint a board that consists of his close family members that always outvotes you and your friend?You own a bicycle rental service and you provide a bicycle helmet to each renter. One of your renters returns with their bike after two hours and points out that the helmet that you gave him was defective and, if he had gotten in an accident, he would have been severely injured. This renter threatens to file a lawsuit. After some investigation, you find out that the helmet was a little bit older than some of the other helmets and, perhaps, should no longer be giving this one to customers. Did you commit an intentional tort, an unintentional tort, or neither? Are you liable for any money to this customer?You have are a co-owner of a limited liability company that manufacturers clothes. One of your main products are shirts that are labelled as being made of 100% polyester. However, you are now facing lawsuits because it is later found out that, due to some errors at the factory, the shirts are actually 5% cotton and 95% polyester, and some customers have had allergic reactions to cotton. Furthermore, if the lawsuit is successful, the company will likely go bankrupt with a $300,000 debt to the bank. Did the company commit an intentional tort, an unintentional tort, or neither? If the lawsuit is successful, will you be personally liable for either the claims of the people suing the company or the debts to the bank?Assignment ExpectationsAnswer the assignment questions directly.Stay focused on the precise assignment questions. Don’t go off on tangents or devote a lot of space to summarizing general background materials.Make sure to use reliable and credible sources as your references. Articles published in established newspapers or business journals/magazines are preferred. If you find articles on the Internet, make sure they are from a credible source.Reference your sources of information with both a bibliography and in-text citations. See the Student Guide to Writing a High-Quality Academic Paper, including pages 13 and 14 on in-text citations. Another resource is the “Writing Style Guide,” which is found under “My Resources” in the TLC Portal.SLP 2Building upon your Module 1 SLP, suppose that your brother’s lemonade stand business has grown substantially. After signing the agreement with Peter, your brother’s lemonade has become so popular it is being sold at lemonade stands all over the neighborhood. Your brother has named himself “CEO” of the lemonade business, Peter has become his business partner and “Chief Operating Officer,” and they have five of their friends working for them. While their business is booming, they sometimes argue about the share of profits. You are also concerned that, now that their business is rapidly growing, they may face problems of potential lawsuits and liability, and you wish for your brother to come up with a formal legal structure for his business.Carefully review the background materials on business organization and tort law. Then, write a 2- to 3-page paper discussing what kind of legal structure your brother’s business should adopt and potential liability risks that he faces. Specific issues to be covered in this paper include:What kind of liability might your brother’s business face? Refer to the Pearson tutorial on business torts and Kelley (2012) in your answer. The optional chapter on product liability in Duboff (2004) might also be helpful.What kind of legal structure should your brother adopt for his business, and why? Will this structure you recommend reduce his liability? Refer to Fater (2010), DuBoff (2004), or Pinson and Jinnett (2006) in your answer.SLP Assignment ExpectationsAnswer the assignment questions directly.Stay focused on the precise assignment questions. Don’t go off on tangents or devote a lot of space to summarizing general background materials.Make sure to use reliable and credible sources as your references. Articles published in established newspapers or business journals/magazines are preferred. If you find articles on the Internet, make sure they are from a credible source.Reference your sources of information with both a bibliography and in-text citations. See the Student Guide to Writing a High-Quality Academic Paper, including pages 13 and 14 on in-text citations. Another resource is the “Writing Style Guide,” which is found under “My Resources” in the TLC Portal.CASE 3There are no additional readings for this assignment, beyond the Pearson tutorial and the three textbook readings. However, some of the concepts in this module are tough, so make sure to read the materials carefully before starting on this assignment.Again, we will be going through a variety of hypothetical scenarios. For each scenario, you need to explain the reasoning behind your answer and use at least one reference from the background materials to support your answer. Overall you need to have a minimum of three references from the background materials cited in your paper. In addition to three sources from the background materials, feel free to cite additional sources that are not included in the background materials. However, any citation should be from credible sources such as articles from ProQuest or textbooks from Ebrary rather than random webpages. Your paper should be 4- to 5-pages total in length:Suppose you own a shipping business and have your own fleet of trucks. When you hired your truck drivers you did a thorough background check and made sure they all had clean driving records. However, recently you had more business than you could handle with your existing fleet and used an independent contractor for some of your shipping. This independent contractor ends up getting in a huge accident and destroying some of your client’s merchandise in the process. Your client finds out that this independent contractor, unlike your own employees, does not have a good driving record and has had his driving license revoked or suspended on several occasions. Are you liable for the damages your client faced?Now suppose as owner of your business you have been generally satisfied with the performance of all of your employees. But one of your employees begins to slip a bit in their performance and has also gotten on your nerves a bit recently. One day when you are in a bad mood you decide to fire this employee without any kind of warning. However, a few days later you begin to worry about legal consequences even though none of your employees have contracts and your employee handbook states that anyone can be terminated at your own discretion. What kind of legal risks, if any, do you face for terminating this employee?You are the owner of an Italian restaurant famous for your very tasty pesto sauce that no other restaurant in the city can beat. As a result of your tasty recipes, you are the only successful Italian restaurant in town. To protect your business from potential competitors, you make all new chefs that you hire sign a noncompetition agreement that forbids them from opening up an Italian restaurant anywhere in the U.S. for five years if they leave. Would such an agreement be likely to hold up in court if one of your chefs violates it?Now suppose you are the owner of a company and have desi
gnated your personal assistant as your purchasing agent for the purchase of all office supply orders of less than $500. Your assistant makes a purchase of some discount office supplies for a total price of $450. You are unhappy with the quality of these supplies but there is a no-return policy for these supplies since there were purchased in a special clearance sale. Are you obligated to pay the $450 even though you did not specifically approve this purchase?You are the owner of a retail business, and you have fallen behind for many months on your loan repayments to the bank (you owe a total of $100,000). The bank has become fed up and now wants you to hand them over all of your remaining company funds to pay back the loan. However, the holiday shopping season is coming up in a few months and this is where you typically do 60-70% of your business for the year. Without your company funds you will not be able to pay your rent and pay your staff, so you will not be able to pay back the bank until after the holiday season. If you end up needing to file for bankruptcy, what type do you think would be most appropriate for this situation – Chapter 7, Chapter 11, or Chapter 13?Assignment ExpectationsAnswer the assignment questions directly.Stay focused on the precise assignment questions. Don’t go off on tangents or devote a lot of space to summarizing general background materials.Make sure to use reliable and credible sources as your references. Articles published in established newspapers or business journals/magazines are preferred. If you find articles on the Internet, make sure they are from a credible source.Reference your sources of information with both a bibliography and in-text citations. See the Student Guide to Writing a High-Quality Academic Paper, including pages 13 and 14 on in-text citations. Another resource is the “Writing Style Guide,” which is found under “My Resources” in the TLC Portal.SLP 3After receiving excellent legal advice from you regarding contracts and legal structure, your brother’s lemonade stand business has become so successful that Peter’s lemon tree is not nearly adequate to supply all of the lemonade stands. This is good news, but also brings up a variety of legal issues now that additional labor and funds may be necessary to secure a wider supply of lemons.While the lemonade stand business is highly successful, your brother still cannot afford an attorney. And because of the excellent legal advice you have been giving him he has come back for more advice on the legal challenges involved in securing a new supply of lemons and expanding the business.Using references to the background materials including Kelly (2012), DuBoff (2004), and the Pearson tutorial, write a two to three page paper discussing the following legal issues involved in the efforts to increase the supply of lemons for your brother’s business. Make sure to cite at least one source from the required background materials for each of your three answers, and to use at least total references in your answer:While your brother is the CEO of the company, Peter as Chief Operating Officer has been running many of the day to day operations such as supervising employees and overseeing production of lemonade. However, he has also engaging in other actions not listed in his job description such as negotiating the purchase of lemon sales from other kids in the neighborhood with lemon trees in their yards. Your brother has so far allowed Peter to engage in these actions but is becoming concerned. What kind of agency relationship does Peter currently have with your brother? What kind of agency relationship would you recommend?Peter’s idea for securing more lemons is to utilize the skills of his employees, who have become quite expert in climbing trees and using ladders in order to pick the largest and freshest lemons from the top of the trees. He wishes to hire more lemon pickers and find neighbors with lemon trees who want to make some extra money in exchange for allowing their employees to pick some fresh lemons. Your brother sees some wisdom in this approach but also wants to consider purchasing lemons directly from a local farmer even these lemons will be a little more expensive and not as fresh. From an employment law perspective, which approach would be preferable?Your brother wants to get a small loan to finance the purchase of a large batch of lemons and hire some new employees. He visits several banks, but the loan officers all laugh and says there is no way a bank will give a loan to an 18-year-old with a lemonade stand. Your brother presents detailed financial statements showing that his company has very good financial prospects, but still no bank will loan to him. You personally don’t want to lend him your own money because you want him to learn to survive in business on his own, so what other measures could you or your brother use to convince the bank to lend the money?SLP Assignment ExpectationsAnswer the assignment questions directly.Stay focused on the precise assignment questions. Don’t go off on tangents or devote a lot of space to summarizing general background materials.Make sure to use reliable and credible sources as your references. Articles published in established newspapers or business journals/magazines are preferred. If you find articles on the Internet, make sure they are from a credible source.Reference your sources of information with both a bibliography and in-text citations. See the Student Guide to Writing a High-Quality Academic Paper, including pages 13 and 14 on in-text citations. Another resource is the “Writing Style Guide,” which is found under “My Resources” in the TLC Portal.CASE 4To start on this assignment, first make sure that you understand the distinctions and legal issues involved in the four main types of intellectual property—patents, trade secrets, copyrights, and trademarks. Ambrozy (2012) and Bouchoux (2001) cover all four of these types of intellectual property, but if you are still unclear about any of these concepts there are several other sources in the “Optional Readings” list that will also be useful for this assignment. In addition, make sure to read DuBoff’s (2004) chapter on business insurance. You will need to cite at least one source from the background materials in each answer, and include at least three total references from the background materials in your paper.Once you have thoroughly reviewed the readings in the background materials and are comfortable with the concepts of intellectual property, write a four to five page paper addressing the questions regarding these five scenarios:Suppose you run into a friend who has a new idea for a business or product every time you see him. This time he is convinced he has invented a cutting-edge new management system called “Beverage-Based Management” whereby employees improve their performance by drinking high-caffeine energy drinks with a shot of vodka during their lunch breaks. Your friend provides a pile of research studies showing that caffeine can increase alertness and productivity while alcohol can reduce inhibitions and increase communication between employees. You are a bit skeptical of his idea but think at least some companies might buy his system (at least for comedy purposes). Your friend wants to get a patent on “Beverage-Based Management.” Would you advise that he seek a patent for this idea? If not, what other form of intellectual property protection might be a better choice for your friend?Your business owns a piece of heavy machinery that is worth $200,000. However, the cost of insuring the full $200,000 value of your machinery is more than your business can currently afford. So instead you tell the insurance company that the machinery is worth $100,000 and buy a cheaper policy. Then there is a fire at your factory and the $200,000 heavy machinery is completely destroyed. However you are at least slightly relieved since you hope the insurance company will at least pay the $100,000 that you told the insurance company the machinery was worth even though this will only cover half the
damage. But after reading up on business insurance in DuBoff (2004) can you really be certain the insurance company will pay up when they find out that you intentionally undervalued the machinery?You find some sheet music on a webpage, and you cannot find any copyright information on the webpage at all. You do a word search on the title of the song and also check a federal registry of copyrights and cannot find this song. You and some musician friends like this song and plan to record it. Since the song was not in any federal registry and no copyright information was given on the webpage where you found the song, are you legally free to record and perform the song for money, or are their legal liabilities you still may face for using this song?The An family owns a famous Vietnamese restaurant in Los Angeles called Crustacean which is famous for their garlic noodles. Unlike other dishes on the menu, the garlic noodles are cooked in a separate “Secret Kitchen” where only immediate members of the An family are allowed. Suppose one of the members of the An family goes on vacation to New York and eats at a restaurant and finds that this restaurant’s garlic noodles taste almost exactly the same as those served at Crustacean. They also recognize one of the waiters at this restaurant as one who used to work at Crustacean (but is not a member of the An family). Do trade secret laws give the An family any legal protection for their garlic noodle recipes? If so, what kind of information or evidence do you think the An family would need in order to successfully sue this New York restaurant for stealing their trade secrets?Suppose you are an engineer, and one day you decide to take apart your iPhone. After playing around with the wiring and circuits, you find a way to increase the amount of time the iPhone can operate before needing to be recharged. You try the same method with other smartphones such as Samsung, but your method only works for iPhones. You successfully obtain a patent from the U.S. Patent Office for your new method for improving the function of iPhones. Will this patent allow you to manufacture your own brand of smartphones identical to the iPhone but with extended time before needing to be recharged? If not, how else might you be able to make money from your iPhone?Assignment ExpectationsAnswer the assignment questions directly.Stay focused on the precise assignment questions. Don’t go off on tangents or devote a lot of space to summarizing general background materials.Make sure to use reliable and credible sources as your references. Articles published in established newspapers or business journals/magazines are preferred. If you find articles on the Internet, make sure they are from a credible source.Reference your sources of information with both a bibliography and in-text citations. See the Student Guide to Writing a High-Quality Academic Paper, including pages 13 and 14 on in-text citations. Another resource is the “Writing Style Guide,” which is found under “My Resources” in the TLC Portal.SLP 4After facing some initial problems in obtaining a new lemon supply, your brother’s lemonade business has really taken off. Some local grocery stores now want to sell his lemonade in bottles at their stores. While you previously were under the impression that the only ingredients in his lemonade were lemon juice and sugar, you recently find out that there is actually a secret blend of spices and natural sweeteners in his lemonade that give it a unique flavor.You are of course proud of your brother and happy you have been giving him some solid legal advice. But as you’ve problem come to realize at this point, the more a business grows the more legal challenges it may face. As protective older sibling you have become worried that others may take advantage of your brother’s success. More specifically, you want your brother to take steps to protect his valuable lemonade know-how from competitors. Furthermore, you also want your brother’s business to have some minimal level of insurance to protect against new risks that a larger size business may face.For this assignment, review the background materials carefully and then write a two to three page paper addressing the following issues:What kind of protection should your brother try to obtain for his lemonade recipe – a patent or some form of trade secret protection? How should your brother go about obtaining this protection? Refer to Ambrozy (2012) or to Chapter 10 of DuBoff (2004) in your answer.Your brother’s lemonade stands only have a sign saying “Lemonade Stand”, and he wants the lemonade bottles sold in grocery stores to have a label saying “Fresh Squeezed Lemonade” on them. In your opinion, will your brother be able to get trademark protection for “Lemonade Stand” or “Fresh Squeezed Lemonade”? Why or why not? If not, give some examples of alternative trademarks that he might be able to get protection for. Refer to Ambrozy (2012), Bouchoux (2001), or Chapter 11 of DuBoff (2004) in your answer.Your brother has enough income from his business to be able to afford one or two types of insurance. What kind of insurance do you think would offer him the best protection against lawsuits? Explain your reasoning, and support your answer with references to Chapter 18 of DuBoff (2004) or the article on small business insurance basics listed in the background materials.SLP Assignment ExpectationsAnswer the assignment questions directly.Stay focused on the precise assignment questions. Don’t go off on tangents or devote a lot of space to summarizing general background materials.Make sure to use reliable and credible sources as your references. Articles published in established newspapers or business journals/magazines are preferred. If you find articles on the Internet, make sure they are from a credible source.Reference your sources of information with both a bibliography and in-text citations. See the Student Guide to Writing a High-Quality Academic Paper, including pages 13 and 14 on in-text citations. Another resource is the “Writing Style Guide,” which is found under “My Resources” in the TLC Portal.
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BUS205 Business Law Case 1-4 and SLP 1-4Answers 1Bids 1Other questions 10
