Business law

 

 

 

 

 

Widget’s, Inc., a fictional company, has a flourishing lawncare business. The business has two full-time employees who have been with the company for five years. All employees are trained on using the lawn equipment and have signed a waiver-of-liability contract limiting liability for the company. The owner, Brian, told his employees not to worry—that the company would protect them if they got hurt.

One employee, Lori, was on the job cutting a lawn. Lori was riding a mower, a Ferrari 2000, which was three years old and in good working condition. The step-up on the mower had writing on it with a warning sticker to replace the sandpaper liner for traction every three due to normal wear and tear. It was replaced every three years. Lori stepped down off the rider, slipped because of moisture from the grass, and severed her pinky toe on the mower blade.

When she fell to the ground, the mower continued through the grass and proceeded by itself to cut and mulch a neighbor’s prize roses. Peta, the neighbor, was preparing for a rose competition with a potential grand prize of $10,000.

Write a 1–2 page paper answering the questions below. Remember to identify and explain the law and then justify your answers to the questions pursuant to the scenario:

Pursuant to contract law, is the waiver of liability legal and do Brian’s verbal assurances become part of the contract? Why or why not?
Does Peta have a product liability case against the mower manufacturer Ferrari for a design defect, manufacturing defect, or failure-to-warn defect?
Does Lori have a claim for her injuries and can she recover pain and suffering damages or worker’s compensation?

 

Business law

 

 

 

 

 

 

 

 

In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from another series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.

Paula’s bad luck continues. Five days after the events detailed in your last assignment, Paula returns to work at Capstone Corporation. Unfortunately, she used her company e-mail to send her mom a personal note about her injuries, despite being aware that Capstone’s company policy prohibits use of company e-mail for personal communication. Paula’s supervisor, Mikey Manager, discovers Paula’s violation and Paula is reprimanded. When Paula goes home, she uses her personal computer to post disparaging comments about her boss and Capstone Corporation on social media. The next day, Paula is fired from her job.

After several days of bad luck, Paula believes her luck is about to change. She finds a new job in a nearby town. Paula had been using the bus to go to work at Capstone Corporation, but she will need to purchase a car to commute to her new job. Fortunately, her neighbor Freddy Ford has just purchased a new vehicle and is selling his old Mustang. Paula meets with Freddy and agrees to purchase the Mustang for $1000. The parties also agree that Paula will bring Freddy the money the next day when she picks up the car. The next day, Paula calls Freddy and says, “I have the money. I’d like to come pick up my car.” Freddy replies that Paula is too late. He sold the car earlier in the day.

Instructions
In a 6–10 paragraph paper, answer the following questions:

Does Paula have any legal claims against Capstone Corporation? What about Paula’s actions? Does Paula have a contract with Freddy to purchase the car? Consider the following:
Does Paula have a right to privacy when using Capstone Corporation’s e-mail system? Discuss one’s right to privacy and relate it to the facts in the scenario.
Can Paula be legally fired from her job for making negative comments about her boss and her company on social media? What about free speech? Discuss these issues and relate them to the facts of the scenario.
Do Paula and Freddy have a contract for the sale of the Mustang? Discuss the elements of a contract and relate those elements to the facts of the scenario.

Business law

 

 

 

 

 

 

Newmark & Co. Real Estate, Inc. contacted 2615 East 17 Street Realty, LLC to lease certain real property on behalf of a client. Newmark e-mailed the landlord a separate agreement for the payment of Newmark’s commission. The landlord sent an email back with a separate demand to pay the commission in installments. Newmark revised the agreement and e-mailed a final copy to the landlord. [Newmark & Co. Real Estate, Inc. v. 2615 East 17 Street Realty, LLC, 80 A.D.3d 476, 914 N.Y.S.2d 162 (1 Dept. 2011)]

Does the agreement qualify as a writing under the Statute of Frauds? Explain.

 

Business law

 

 

 

 

1. Which torts protect against the intentional interference with persons?

2. What is the concept of proximate cause which is found as an element in negligence? How does the definition of proximate cause compare to actual causation? Courts take different approaches and use different standards when applying the concept of proximate cause. How does foreseeability fit in the causation framework?

3. Please discuss the Black v. William Insulation Co. case excerpt in Chapter 7 beginning on page 7-22. Be sure to discuss the various approaches to proximate cause found in the case excerpt.

4. Should the application of the concept of proximate cause be expanded to allow recovery in more cases, or should it be limited to reduce the frequency and amounts of recovery? Why? Please explain and support your answer with reasoning, answering the question “Why?”.

Business law

 

 

Greta tells her friend, Jala, that in appreciation of the love and affection she has shown Greta over the past 5 years since her husband left her, she will give $20,000 when her bank term-deposit matures in 6 months. Six months later, when the term-deposit matures, Greta tells Jala she will take her out to dinner instead of paying her $20,000.

Ignoring the issue of intention, what will you advise Jala?

a) State the issue you need to consider.

b) State the relevant legal rule or rules relating to this problem.

c) State the main case or cases related to this problem.

d) Based on this information, if Jala sued Greta for a breach of contract would she win in court? What is your answer – yes? or no? Explain your answer.

 

 

 

Business law

 

 

 

 

 

You are fresh out of graduate school, and you take a management job with Cowtown Casino Management (CCM). CCM builds, manages, and sells rural casinos throughout America.

CCM has contracted with Big Builder (BB) to build a casino. CC and BB have done business for years, and the contract is done over the phone, with an agreement to reduce the contract to writing later. BB builds casinos quickly, often within a matter of months.

BB later emails you what it calls the written contract for the casino. You scan the document, and you see some things that concern you.

Among other things, the document states that if gambling becomes illegal, BB’s duties are deemed satisfied, and will still owe BB a minimum of half the contract price. The document further states that if BB is late finishing the casino, BB will owe CC 25% of the agreed-upon lost profits for every day the casino is late. These terms are different than prior contract terms between CCM and BB, and you don’t recall agreeing to change those terms.

You remember enough from this course to know you need to contact CCM’s attorney. Identify all the issues, and your perceived strengths and weaknesses of those issues, that you want to discuss with the attorney. Also, discuss any ethical issues raised in this scenario.

 

 

 

 

Business law

 

 

 

 

 

Claire is severely injured in a car accident. The local hospital cannot treat Claire’s injuries. In order to survive, Claire must be flown via Helicopter to a hospital in a bordering state. Prior to boarding the helicopter, Claire signs a contract obligating her to pay for the helicopter flight and all of its expenses. Claire lives and fully recovers. However, she is being sued by the helicopter company in the amount of $50,000 for the helicopter transportation and its accompanying expenses. What is argument Claire could make in order to rescind the agreement? Does it matter that the helicopter company performed its obligation under the contract?

 

 

Business Law

Peter S. Yung began working for Rio Rojo Publishing, Inc. pursuant to the agreement linked below. Rio Rojo is a publisher of industrial manuals and instructions.

For fiscal year 2019, the company’s year-end pre-tax net income was $1,140,000. For fiscal year 2020 the year-end pre-tax income was $3,427,110. Yung was paid a bonus in 2019 of $57,000. He received no bonus for 2020. Pursuant to the agreement, he purchased 50,000 shares of the company’s stock in 2019 for $20.00/share.

In November, 2020 Rio Rojo learned that Yung had been involved developing a database for industrial users. While Rio Rojo had not been involved in online publishing or database creation other than to post their industrial manuals and materials, they were angry that Yung had expanded on his own into this new area. Rio Rojo terminated Yung on Dec. 24, 2020.

Yung claimed that he had been wrongfully terminated. He demands the following:

Lost wages for the remainder of the contract
Bonuses of an additional $44,267 for fiscal year 2019 and for $171,356 for fiscal year 2020
The right to purchase an additional 50,000 shares of the Company’s stock at $20.00 for both 2020 and 2001 (for a total of 100,000 shares).
Rio Rojo claims that Yung breached the contract and wants the return of the salary that he has been paid for the entire time of his employment.

You’ll find their employment agreement here: Yung v. Rio Rojo down below in the file section

What conclusion? Be sure that you completely discuss the reasoning that each party would use, regardless of your conclusion.

Double-space, use a serif font, and begin your paper with the statement, “I verify that this work is entirely my own, with the exception of any materials from the assignment, which have been noted as quotations when appropriate,” followed by your typed name. There is no page limit; write enough to explore the issues in depth, not so long that it becomes repetitive.

 

 

Business Law

 

 

As was learned this week, the first step in setting up a new company is choosing among the different types of business ownership. The business structure one chooses influences everything from day-to-day operations, to taxes, to how much of one’s personal assets are at risk. One should choose a business structure that gives one the right balance of legal protections and benefits.
What questions should be asked in determining the appropriate forms of business ownership for a business?
Describe the sole proprietorship and partnership forms of an organization and specify the advantages and disadvantages.
Identify the different types of partnerships, and explain the importance of a partnership agreement. (Cite and reference).

Business Law

 

https://contracts.onecle.com/annies/solera-services-2011-04-27.shtml
Open the link to the Annies-Solera Contract. In APA writing style, write a one page essay that classifies each party to the contract, identifies each party’s
consideration, and explains the third parties that could benefit from this contract using the following key phrases:
negotiation
agreement
offer
acceptance
voluntary
consideration
capacity
writing required