Tag: business law

 

 

 

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.

 

 

 

 

 

 

 

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.

Apply relevant aspects of law to current business situations
Differentiate between matters of law and matters of ethics in business situations
Scenario
The Friendly Dawg is a retail pet supply store owned by Dave Dawgs. Dave has worked in the store since high school and took over running the store after his father died two years ago. Originally the store sold only pet food and supplies, such as animal food, bird cages, water bowls, pet beds, and so forth. Upon taking ownership, Dave added fish tanks with fish for sale. Recently he built a kennel and cages in a former storage area in the rear of the store in order to sell live animals, such as snakes, birds, dogs, and cats. Landlord Lou came by during renovations and asked what was going on. One of Dave’s employees told Lou that The Friendly Dawg was expanding its inventory and needed the space. Landlord Lou told the employee, “Very exciting! Good luck!”

A few weeks later, landlord Lou began receiving complaints from the neighboring tenant, the Sunshine Yoga studio, that the noise from the dogs and parrots was very disruptive.

The signed lease between Dave Dawg’s deceased father and Lou describes the business as a pet supply store only and does not mention selling live animals. The lease specifies a rent in the amount of $500 a month. Sunshine Yoga does not have a written lease. The owner of Sunshine Yoga, Jasmine, met Lou one night in a bar two years ago where he verbally offered to rent her the space for $300 a month. Jasmine claims that landlord Lou told her that night that she could rent from him forever and that he would never evict her.

Lou called Dave, asking him to quiet the animals. Dave said he would try, but the complaints from Jasmine continued. Dave also demanded that Lou improve the air-conditioning system, claiming it was too hot in the rear of the store for his animals and it was causing them to become agitated. Landlord Lou refused, claiming that air-conditioning was not meant to cool that area and it was not his job as landlord to take care of live animals.

Dave stopped paying his rent, claiming that he was not obligated to do so because Lou was breaching his obligation under the lease to maintain the property in good repair. The next day, a dangerous snake escaped through the air vents and slithered into the neighboring yoga studio, frightening Jasmine, the owner, such that she had a heart attack.

After recovering, Jasmine stopped paying her rent, claiming that the premises were unsafe due to the presence of wild animals. She also claimed that she has been very depressed and anxious as a result of the ongoing situation. And she contends that she has lost clients because of the noise coming from The Friendly Dawg.

The Friendly Dawg has been a good tenant, enjoys a strong customer base, and pays more in rent than Sunshine Yoga. Sunshine Yoga has always been late with rent, and Jasmine constantly bothers Lou over minor issues.

Directions
Write two short papers—one on contract law and one on tort law.

Contract Law
Evaluate the potential rights, claims, defenses, obligations, and remedies for each party from the perspective of contract law. Determine whether landlord Lou has a right to evict either party. Use reliable resources, such as the textbook and other course resources, to support your evaluation. Specifically, include the following components in your evaluation:

Contract between The Friendly Dawg and landlord Lou
Analyze the scenario to determine whether a valid contract still exists between The Friendly Dawg and landlord Lou.
Explain the elements of a valid contract, and identify which contract elements, if any, exist between The Friendly Dawg and landlord Lou.
Analyze the potential rights, claims, defenses, obligations, and remedies available to both landlord Lou and The Friendly Dawg in this scenario.
Support your analysis by referencing specific legal principles or laws.
Contract between Sunshine Yoga and landlord Lou
Analyze the scenario to determine whether a valid contract still exists between Sunshine Yoga and landlord Lou.
Explain the elements of a valid contract, and identify which contract elements, if any, exist between Sunshine Yoga and landlord Lou.
Analyze the potential rights, claims, defenses, obligations, and remedies available to both landlord Lou and Sunshine Yoga in this scenario.
Support your analysis by referencing specific legal principles or laws.
Grounds to evict
Describe whether, based on your analysis of each party’s rights and obligations, landlord Lou has the grounds to evict either The Friendly Dawg or Sunshine Yoga.

 

 

 

 

 

Contract Scenario
Calvin had been an avid coin collector for many years, and the most valuable coin in his collection was an uncirculated, mint condition, 1943 Lincoln penny made of copper (most pennies made during World War II were made of zinc because copper was needed in the war effort). That penny had a value of between $60,000 and $95,000.In August of 2017, Calvin had a serious stroke that left him unable to speak or walk, but his doctor assured his family that Calvin would recover over time with intensive therapy.Calvin was a widower and did not have any children, but he had several nephews who visited him from time to time as he recovered. None of the nephews had any real interest in Calvin’s coin collection. One of Calvin’s nephews, Billy, who visited Calvin more often than the other nephews, sometimes listened to Calvin talk (talking was a part of Calvin’s therapy) about his mounting medical bills and his coin collection, but Billy never showed much interest in the medical bills or the coin collection.In October, as Calvin’s recovery progressed slowly, Billy visited Calvin and told Calvin that he had been reading about coin collecting, and he realized that Calvin’s collection, especially the 1943 Lincoln copper penny, was valuable, and Billy suggested that Calvin should consider selling the 1943 Lincoln copper penny and use the proceeds to pay his medical bills. Calvin resisted the idea at first, but Billy continued to urge Calvin to sell the penny so that he would not have to worry about the medical bills. Finally, when Billy told Calvin that he would arrange the sale of the penny for a commission of just 5% of the sale price of the penny, Calvin began to think that selling the coin might be a good idea. He was still a little confused about how the sale would work and what Billy would do to make sure that the penny would be sold for the best price. Calvin told Billy that he thought that the penny was worth almost $100,000, but Billy assured Calvin that the market had changed recently, and that the penny was now worth $40,000 to $45,000. Eventually, Calvin allowed Billy to sell the penny for the best price he could get and to take a 5% commission for arranging the sale of the penny. Billy then sold the penny to a friend for $40,000, took his 5% commission, and paid the remainder of the sale price to Calvin.A few months later, as Calvin continued to recover, he read a story in a coin collecting magazine about how an uncirculated, mint condition, 1943 Lincoln penny made of copper had just sold at auction for more than $100,000, and Calvin began to wonder if Billy had taken advantage of him. Calvin consulted a lawyer and asked the two questions below.

Did he (Calvin) have the mental capacity to enter into the contract when he agreed to let Billy sell the penny? What would he (Calvin) have to prove to show a court that he did not have the necessary mental capacity when he authorized Billy to sell the penny?
Did Billy exert undue influence over Calvin to cause Calvin to enter into the contract that allowed Billy to sell the penny?
What do you think? Does Calvin have a case to set aside the contract with Billy on either of these theories?

 

 

 

 

 

 

 

 

Plaintiff Raymond Vadnais alleged that, in 1986, he visited [a physician] at Beth Israel Hospital’s ear, nose, and throat clinic complaining of ear pain. After antibiotics failed to relieve the pain, [the physician] recommended surgery. However, after [the physician] learned that the plaintiff was infected with HIV, he refused to perform the operation. Should the physician be required to perform the operation?

 

Case Study 1
Fred is well known in his town for his homeopathic cough syrup. After years of encouragement, he has decided to take his miracle cough remedy to market as “Fred’s Miracle Cough Syrup.” While his cough syrup is homeopathic, one of the key ingredients causes a severe reaction when taken in conjunction with aspirin. Fred plans to make and bottle his cough syrup in an outbuilding on the family farm. His son, Sam, has been raving to the locals about his father’s cough syrup for years, and the local drug store and grocer have contacted Fred to place orders as a result. Sam also intends to approach several national chains in an effort to secure supply contracts for Fred’s cough syrup. Fred has asked Sam to assist him with deliveries, as Sam has a van. Fred would like Sam to be involved with the business as an employee initially, with the option of making him a partial owner at a later time. Fred and his wife Sally have two children, Sam and Lilly. Both live in cabins on the family farm with their spouses and children. Fred and Sally engage you as their attorney to assist with the formation of the new business, including determining the appropriate business entity type, management issues, product liability issues, and estate planning for both the business and family property. After your initial meeting, you identify and research the following issues.

Specifically, the following critical elements must be addressed:

Describe the main types of business entities and their defining characteristics.
Apply product liability law and determine what issues are present. How would you advise your client to mitigate those issues?
Apply the elements and characteristics of an agency relationship to Sam’s actions. Does Sam’s involvement prior to the business formation, as well as his anticipated role once the business is formed, create an agency relationship? Why or why not?
Identify potential real property issues based on the location of the business on the family farm. Justify each potential issue
Does the manufacture of Fred’s Miracle Cough Syrup on the family farm necessitate a formal transfer of ownership or possessory rights? Defend your response.
Identify potential personal property issues based on the use of Sam’s personal vehicle to deliver the product. Justify each potential issue.
Does the use of Sam’s personal vehicle in the course of business expose Sam or the business to any liability issues? Defend your response.
Identify potential estate planning issues with regard to the business and the family farm. Justify each potential issue.
What estate planning vehicles are available to Fred and Sally should they desire to transfer ownership in the business and family farm, respectively, to Sam and Lilly equally? What are the advantages and disadvantages to each?
Applying your analysis of the issues above, which type of business entity do you recommend for Fred’s Miracle Cough Syrup and why?