Skip to content
What are the general provisions of the United Nations Convention on Contracts for the international sale of goods?
Describe 3 clauses generally found in a agency or distributorship agreement.
What are the differences between mediation and arbitration? How do they differ from a proceeding in s court of law?
Answer the following: A commercial exporter in the US, attempts to create a contract with a Mexican buyer for the sale of a container load of house wares.
The exporters pro forma invoice is dated and sent August 20th.
The Mexican acceptance is mailed on August 30th, and received by the exporter on September 9th.
The exporter, however, mailed a revocation of its offer on September 3rd, which was received by the Mexican party on September 10th.
Answer the following questions and ensure you provide any URL’s from the internet to support your answer.
Considering the value of intellectual property to multinational enterprises, what additional procedural or enforcement mechanisms would you propose?
SCENARIO: Jim and Laura Buyer visit the local car dealership because they are interested in buying a new car. The car they currently have is aging and is starting to have mechanical problems. Jim and Laura would share the new car, and use it to go back and forth to work and school. Before going to the dealership, Jim and Laura decide that they can only afford $400.00 a month in car payments.
Once at the car dealership, Jim and Laura meet Stan Salesman. Stan shows them several vehicles and Jim and Laura test-drive several of the cars. Jim and Laura particularly like the blue 4-door sedan. Therefore, they agree to give Stan Salesman a $100.00 deposit to hold the car for a day. Stan Salesman does not give them the receipt but guarantees that the $100.00 is refundable. No documents were signed.
The next day, Stan Salesman calls Jim and Laura to ask them when they would like to take delivery of the car. Jim and Laura, on the way home from the dealership, decided that they were not going to buy the car because they did not want to spend that money each month. Therefore, Jim and Laura tell Stan Salesman that they have decided not to buy the car and request their $100.00 deposit back.
Stan insists that the $100.00 was a deposit on the car and was meant to be part of the contract to buy the car. Stan is very persistent and insistent that Jim and Laura have contracted to buy the car; therefore, the $100.00 will be applied to the purchase price of the car. Jim and Laura are shocked and angry as not only do they not want to spend the money, but now feel as though they are being duped by Stan Salesman.
Jim and Laura have an appointment to see a lawyer in a few days, but know you are a student taking a business law class and come to you for advice. They are very frazzled, and understandably upset that they may have just purchased a car. Since you have been taking business law, you have read and understand the elements of a contract and the defenses to a contract. Therefore, although you are not a lawyer, you provide some basic advice from what you’ve learned in your business law class.
ASSIGNMENT: In three to five (3-5) pages, advise Jim and Laura based on the above facts as presented and the material covered in the lessons. In your paper, be sure to address the following:
Define the elements of a legal contract using examples from the scenario where applicable.
Decide whether or not there was a contract for the purchase of the automobile.
Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.
Use at least two (2) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as quality academic resources.
The EEOC filed a suit against NEA-Alaska, a labor union representing teachers and other public school employees, alleging that the union had created a sex-based hostile work environment for three female employees. The female employees testified that repeated and severe instances had occurred during which Thomas Harvey, the union’s assistant executive director, shouted, used foul language, invaded their space (including grabbing a female employee from behind), and made threatening physical gestures. NEA-Alaska responded that Harvey treated male and female employees the same way and there was no evidence that Harvey made sexual overtures or lewd comments, or that he referred to women in gender-specific terms, or that he imposed gender-specific requirements on the female employees. In other words, that Harvey treated female and male employees the same way. Who should prevail? If you were Harvey’s supervisor, what would you do?
Provide sound reasoning for your stance and back it up with references, if possible. Your logic should be factual, not emotional.
Lynne Meyer, on her way to a business meeting and in a hurry, stopped by a Buy-Mart store for a new car charger for her smartphone. There was a long line at one of the checkout counters, but a cashier, Valerie Watts, opened another counter and began loading the cash drawer. Meyer told Watts that she was in a hurry and asked Watts to work faster. Watts, however, only slowed her pace. At this point, Meyer hit Watts. It is not clear whether Meyer hit Watts intentionally or, in an attempt to retrieve the car charger, hit her inadvertently. In response, Watts grabbed Meyer by the hair and hit her repeatedly in the back of the head, while Meyer screamed for help. Management personnel separated the two women and questioned them about the incident. Watts was immediately fired for violating the store’s no-fighting policy. Meyer subsequently sued Buy-Mart, alleging that the store was liable for the tort (assault and battery) committed by its employee. Using the information presented in the chapter, answer the following questions.
Under what doctrine discussed in this chapter might Buy-Mart be held liable for the tort committed by Watts?
What is the key factor in determining whether Buy-Mart is liable under this doctrine?
Did Watts’s behavior constitute an intentional tort or a tort of negligence? How would this differ-ence affect Buy-Mart’s potential liability
Suppose that when Watts applied for the job at Buy-Mart, she disclosed in her application that she had previously been convicted of felony assault and battery. Nevertheless, Buy-Mart hired Watts as a cashier. How might this fact affect Buy-Mart’s liability for Watts’s actions
Debate This:
The doctrine of respondeat superior should be modified to make agents solely liable for some of their own tortious (wrongful) acts
question
Do you feel that the court’s decision was right in both cases? Use the course textbook or any other credible resources to support your views.
What are your personal feelings about sharing intellectual property over the Internet?
Choose an area of business law, such as employment law, contract law, finance law, or environmental law. Name the area of business law you selected, describe what value you think these types of law have from the perspective of running a business, and explain any disadvantages you think these types of law have for businesses.
In your response posts, describe the impact you think the area of law your peers selected has on society as a whole.
What is smuggling from a legal perspective? What is smuggled and why is it smuggled? Who benefits from smuggling and who is hurt by smuggling and how? Besides smuggling, what other land and maritime border violations threaten the facilitation of legitimate trade? What has the globalization of organized crime meant to international smuggling?
You represent a dentist who is accused of performing an unnecessary root canal which went bad, resulting in the patient losing the tooth and having to get an implant.
During settlement discussions, the dentist tells you he wants you to use certain information he claims he gleaned from the patient while he was under the anesthetic during the root canal procedure concerning the patient’s marital infidelity. The dentist believes if you make it known to the other attorney, the plaintiff will end his case because he is a public figure with much to lose if the infidelity were to become known. You have serious concerns the dentist is lying to you about what this claim.