Unit 2 Business Law Essay

Unit 2 Business Law Essay
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The Business Law Short Essay
MLC101 Business Law Short Essay
Yu Peng
YUPC1501
Word Count:1107
Introduction
Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 ()will affect from 12 November 2016. it has changed some
sections to the Australian consumer law. Last version of this law only applicable to the individual consumer, Act 2015 extend the scope to the small
business that employs fewer than 20 persons. This thesis will discuss the following questions;
пЃµWhat is an unfair term under the new law and when will it apply?
пЃµWhat is the legal effect if a court decides a contract term is unfair?
пЃµExplain the doctrine of freedom of contract and how the unfair contract terms provisions conflict with the doctrine.
пЃµExplain the relationship between legislation and common law and which prevails.
At last will conclude the essay with each point.
Unfair term
The government amended the consumer law to cover the small business that employs no more than 20 persons. An Act to amend legislation to extend
unfair contract protections to small business contracts.From 12 November 2016, the Act 2015 will affected to the standard form small business
contracts. All kinds of unfair terms will be void in standard form of contract of small business.
The law now effect unfair terms in small business.
The new meaning of unfair term is:
пЃ¬The contract is made for a supplier of goods and services, or sale or grant the interest of land rights;
пЃ¬When signing the contract , at

Business Law Essay
Business Law "The doctrine laid down in Salomon v Salomon & Co Ltd [1897] AC 22 has to be watched very carefully. It has often been
supposed to cast a veil on the personality of a limited company through which the courts cannot see. But that is not true. The courts can, and often do,
draw aside the veil. They can, and often do, pull off the mark. They look to see what really lies behind" – Lord Denning in Littlewoods Mail Order
Stores v Inland revenue Commissioners [1969] 3 All ER 422. Introduction "Law is order, and good law is good order" – Aristotle 343 BC
Incorporation is the act of a business achieving a separate corporate personality from that of its owners. When a company is a separate legal identity to
its owners it is...show more content...
(Marsh, Soulsby, 2002, P.232) The principles found in the Salomon v Salomon & Co Ltd [1897] AC 22 are similar to the Lee v Lee's Air
Farming Ltd [1961] AC 12 case. This shows the effects that the doctrine has had on future cases since 1897. Lee formed a company for the
purpose of aerial crop spraying of which he was both the controlling shareholder and governing director. After Lee died in 1956 during work, his
widow was entitled to compensation. This was due to the fact that the company had been incorporated, therefore Lee was a separate legal entity to
that of his company. The company's corporate personality meant that Lee was classed as an employee, as well as his other roles. (Rush, Otley,
2006, P.199) The case of Salomon v Salomon & Co Ltd [1897] AC 22 has had an effect on a large number of cases since 1897, helping owners
avoid costs by gaining a corporate personality for their business, thus distancing themselves from any debts and problems that may arise. Littlewoods
Mail Order Stores v Inland revenue Commissioners [1969] 3 All ER 422 Lord Denning states, "The courts can, and often do, draw aside the veil." The
'corporate veil' refers to the separation of legal identity between parent firms and their subsidiaries. Fearing that such liability protection would facilitate
illicit activity, early twentieth century courts would sometimes 'pierce' the corporate veil. (Tweedale,

Common Law Vs Civil Law Essay
Differences between Common Law
And Civil Law
This paper is aimed analysing the differences between common law and civil law in the UK and other European countries. It will also explore the
theory behind the development of these laws and the segments of society that they cater to.
Collin put forth a viewpoint that the increased collision between public law and contractual practices has led to a disintegration of the former, resulting
in the need to revise the private so that it is in tandem with the public and welfare legislation (Collins, 1999, Regulating Contracts). However, private
laws and public regulation are governed by doctrines that are very different in their basic nature and whom they are meant to protect....show more
content...
It was focused on protecting people from those who abused governmental power. However, both forms of laws are mutually acceptable and used in
society.
Countries around the globe place varied levels of importance to Common Law and Civil Law. In Europe, England, Ireland and Wales follow the
Common Law as jurisdiction although it is more codified here than it is traditionally. Other countries that are Common Law jurisdictions include the
United States of America, Canada, Australia, India, Malaysia, Jamaica and South Africa. The Common Law here is based on rules created by judges
during prominent cases. Conversely, European countries such as Germany and France follow Civil Law jurisdiction, wherein the law as a code is
given much more importance than judge–made rules (Jon and Michael, 2006, Business Law).
The most striking difference between Common Law and Civil Law can be noted on how each draws decisions to serve justice. Common Law
operates on a more 'case to case' basis, approaching each case separately. The principles governing the law are generally arrived at after learning for
every individual case. A judge would rely on historical records of similar cases, analyzes current case fact and arrives at conclusions without
following any set dogmatic conceptual construct. On the other hand, Civil Law relies mainly on a set of codes and abstract rules against which the
particulars of a case are checked. It is on the

Business Law
Question 1 A contract is an arrangement of a deal made between two or more person, which the law will enact. In formation of a contract, consent is
one of the important, crucial and essential elements. It stated in Section 13 of the Contracts Act 1950 saying that "two persons are said to consent
when they agree upon the same thing in the same sense." Any agreement arranged is become contract if they are made by the free consent of parties.
However, there are several occurrences or situations that if the contract was not made based on free consent will cause the contract to be voidable.
According to the Business Dictionary, voidable contract is a contract that has legal effect and force when it is made, but is accountable to be
successively...show more content...
But, he cannot be said to have been induced if the representation did not influence his mind at the time of entering into the contract he was aware that
the statement was not valid. Furthermore, the misrepresentation does not make the contract voidable if the misled party had the chance to investigate
and resolve the truth of the representation. In the case of Tan Chye Chew & Anor v. Eastern Mining Metals Co.Ltd ( 1965 ) 1 MLJ 201, the
respondent entered into two contracts, one with the 1st appellant for the assignment of rights to prospect certain mining land included in approved
application for prospecting permit, and another with the 2nd appellant, for the payment of commission for 2nd appellant's part in bringing about the
first contract. The respondent alleged that the 2nd appellant had shown some land to the respondent's geologist which was later found not to be
included in the approved application. As such, they claimed that there was misrepresentation by the 2nd appellant, which induced the respondent to
enter the first contract with the first appellant. There had been a misrepresentation by the second appellant. But, the court further held that the
respondent company had means of discovering the truth with ordinary diligence. The respondent had entered into the contract without checking the
true position at any time despite having the facilities to do so. Therefore, the contract was not voidable.

Business Law Essay
Victoria Brock Professor Martin S. Varon BLAW 2200
– Section 6 21 October 2014 To find your answers www.gabar.org/barrules
/ethicsandprofessionalism/index.cfm1– What types of rules are the Georgia Rules of Professional conduct? Rules of reason 2– Should a lawyer abide
by the client's decisions in all matters of representation? Yes, a lawyer shall abide by the clients decisions in all matters. 3– What client information
should a lawyer keep confidential and what is the maximum penalty for violating this rule? All information gained in the professional relationship with
a client, including requested information with a client, unless given consent by the client with exclusion to disclosures that are authorized or required
by these...show more content...
The maximum penalty for a violation of this Rule is disbarment. 7– Can a lawyer act as both advocate and witness in the same trial? A lawyer shall not
act as advocate at a trial in which the lawyer is likely to be a necessary witness except where the testimony relates to an uncontested issue, the
testimony relates to the nature and value of legal services rendered in the case, or disqualification of the lawyer would work substantial hardship on the
client. 8– Should a lawyer communicate with another party whom the lawyer knows is represented by counsel? A lawyer who is representing a client
in a matter shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the
matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order. 9– What are the duties of a partner in a
law firm? A partner should make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the
firm conform to the

Business Law Essay
REVIEW QUESTIONS
1. What impact does the Canadian Charter of Rights and Freedoms have on rights and freedoms not mentioned specifically in the Charter? Could these
"other rights and freedoms" be curtailed or extinguished by governments? Answer: The Charter recognizes the existence of other rights and permits
them to continue except where they conflict with Charter rights and freedoms. Rights outside the Charter do not have Charter protection, and may be
abolished or encroached upon by governments. 2. What is the difference between a "right" and a "privilege"? Answer: A right is an act that may be
done with impunity and with the support and recognition of the state. The state recognizes a right as something which neither it nor others may...show
more content...
Each type of social interaction usually requires some legislative control, hence, the more interaction, the more laws that are required.
© 2009 Copyright by McGraw–Hill Ryerson Limited
1–5
6. On what basis are Charter fundamental rights and freedoms open to restriction by Parliament or the provincial legislatures? Answer: Fundamental
rights and freedoms may be restricted under s. 1 if the restriction can be shown to "be demonstrably justified in a free and democratic society." Rights
and freedoms may be "temporarily" overridden by the "notwithstanding" clause (s. 33) as well. 7. Why is the doctrine of stare decisis an important part
of the Common Law system? Answer: The doctrine of stare decisis is the theory of precedent. Judges are expected to apply previous decisions to
similar cases which come before them in order to maintain a degree of consistency in the law. By following this doctrine, the law is not only
consistent, but others can predict how the law may be applied in similar. 8. How does the Common Law differ from the principles of equity? From
statute law? Answer: Common Law and equity have different roots. The common law was the product of the common law courts. The principles of
equity were originally principles or rules which the King applied in settling disputes which did not fall within the jurisdiction of the common law
courts. Later, the King's Court (Chancery) used

Business Law Essay
Business Law I.Explain with cases the essentials of a valid contract. Introduction Contract, in the simplest definition, a promise enforceable by law.
The promise may be to do something or to refrain from doing something. The making of a contract requires the mutual assent of two or more persons,
one of them ordinarily making an offer and another accepting. If one of the parties fails to keep the promise, the other is entitled to legal recourse. The
law of contracts considers such questions as whether a contract exists, what the meaning of it is, whether a contract has been broken, and what
compensation is due the injured party. The Essentials of a Valid Contract The essential elements of the formation of a
...show more content...
Offer: A proposal to enter into certain arrangements, usually accompanied by an expected acceptance. For example, an offer to purchase a house
for $50,000. It is a proposition to do a thing. An offer ought to contain a right, if accepted; compelling the fulfillment of the contract and this right
when not expressed is always implied. By virtue of his natural liberty, a man may change his will at any time, if it is not to the injury of another; he
may, therefore, revoke or recall his offers, at any time before they have been accepted; and in order to deprive him of this right the offer must have
been accepted on the terms in which it was made. Any qualification of, or departure from those terms, invalidates the offer unless the same be
agreed to by the party who made it. When the offer has been made, the party is presumed to be willing to enter into the contract for the time
limited, and if the time be not fixed by the offer, then until it be expressly revoked or rendered nugatory by a contrary presumption. Suppose Bob
puts up an ad in a Real Estate Magazine implying that he would like to sell his house for $28,500.00. Dole on the other hand offered to buy the
house within one week for $27,000.00. Bob declined from Doles offer. Though Dole made a valid offer. An offer must be distinguished from an
invitation to treat. For example, a Ralph Lauren sport shirt is displayed in a department store with a

Business Law
Table of ContentsIntroduction2 (3.1) Contrast liability in torts with contractual liability3 (3.2) Explain the nature of liability in negligence &
(3.3) Explain how a business can be vicariously liable4 (4.1) Apply the elements of the tort of negligence and defences in the above different business
situations for the legal officer who is assigned to VJSC & (4.2) Apply the elements of vicarious liability in above different business situations for
the legal officer who is assigned to VJSC8 Conclusion11 References12 Introduction Law plays important roles to protect benefits, obligations and
bringing fair for everybody in society. This report gives information about tortuous liability, contractual liability,
– Cannot measure clearly the damages.– Difficult to determine exactly compensation rate so the compensation will be based on the actual extent of
damage occurred.| – A violation of the contents which parties signed in the contract.– Parties have a close relationship because they have time for
agreements and sign the contract together. – If the breach of contract occurs that the person violated have a contractual liability to the other party of the
contract.– The damages can be quantitative because they are regulated in the contract.– The compensation under the liquidated damage that means
compensation which determined based on the formula and stipulations that the parties have agreed in the contract.| (3.2) Explain the nature of
liability in negligence & (3.3) Explain how a business can be vicariously liable A human who lives in society must follow the provisions of law
is having a duty of care by respecting and protecting the rights and benefit legal of others. Negligence is behaviour which infringes on the rights and
legal interests of others. However, these behaviours are not deliberate actions by an individual or entity who did not perform well their reasonable care
which bring the consequences of monetary damages or personal injury. To sue a person who violating behaviour of negligence, the

Business Law
HUTECH & OUM
MBAOUM0512 INTAKE : MAY 2012– OCTOBER SEMESTER 2012
STUDENT NAME: CHU THI HONG TUYEN ID No.: 2448481
BMLW5103 – BUSINESS LAW ASSIGNMENT
Question 1
Discuss the enforceability of an agreement which lacks consideration. Using legal authorities (relevant statutes and cases) to support your discussion.
Answer: A valid contract is an agreement made between two or more parties that creates rights and obligations that are enforced by law. What does the
consideration mean? And what does it effect to the agreement? Consideration is something of value exchanged for the promise. It is something given
by a promisee in return for something given by the promisor. According section 2(d), Contract Act provides "when at the desire of the...show more
content...
This is the exception provided in Section 26(b), contract Act 1950. The rule provides that an agreement without consideration is valid if " it is a
promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor
was legally compellable to do". Ex: Ms.Ann is the neighbor of Mr. Clive and Ms.Ann support Mr.Clive to take care his son during he has having a
meeting. Mr.Clive promise to pay Ms.Ann for this work.This is a contract and Ms.Ann can enforce Mr.Clive's promise. 3. Agreement to pay a statue–
barred debt. This is another exception provide in section 26(c), Contract Act 1950. The rule provides that an agreement without consideration is
valid if " it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that
behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. Means the debtor
makes a fresh promise to pay the statute–barred debt and the promise is made in writing and signed by the person to be charged or his authorized agent.
Ex:The Imperial group owes GTDV Company a debt is 130,000 USD for scope of work of so many contract. But the debt is barred by limitation.
GTDV made summarize of debt and The Imperial representative signed a written promise to pay GTDV 100,000 USD. This promise is fresh and
valid. This is a

Business Law Essay
Marina Trohin Business Law William A. Shelby 2/13/2013Introduction At the course of Business Law, we got the knowledge about the contract. In
addition we have an assignment that provides a contract analysis. This evaluation of the contract will be reviewed in accordance with the following
requirements: 1. What specifically makes this contract enforceable? 2. What are the responsibilities of both parties? 3. What are the possible damages
and liabilities? 4. What impact does a potential breach of contract have on the business? 5. Summarize, by reflecting in...show more content...
And it is, because this agreement refers just to providing of services and not illegal things. * The last element that should make enforceable this
contract is that both parties should be mentally competent. In special this contract, has all this requirements but it is still unenforceable because it
doesn't have so little elements that also make a contract enforceable. These are: the commencement date of the contract, party's rights written in and
not only the responsibilities, and party's signatures and stamps. 2. What are the responsibilities of both parties? The important responsibilities of the
contractor (therein as Pro DX) are: * To provide system design and programming services, including COBOL II, Easytrieve Plus, CICS, CA Intertest
and VSAM and DB2 file structures, and make corrections approved by DHS Project Manager. * To construct or modify and implement programs/ files
that will control the processing of rates on the JD/CBC system, based on DHS supplied Project Design document and criteria. * To perform design
changes, programming, acceptance testing or implementation to address unforeseen error(s), newly discovered bugs and/or interfacing issues. * To
demonstrate successful implementation of the production system content with the requirements of Statement of Work to DHS Project Manager. * All
these services should be provided in specific limit of time and cost.

Business Law Essay
In the case in the text where someone purchased a used safe at an auction for $50, but was later found by the buyers to contain more than $30,000 in
cash, how did the court rule? a. There was no contract because the buyer was unjustly enriched. b. There was no contract because the act of opening
the safe was not completed before the buyers took the safe. c. This was an implied–in–fact contract and the buyers were required to pay the fair value
for the safe and its contents. d. There was objective intent that the parties intended that the safe, and whatever might be in it, be sold for a price of
$50. D [moderate p. 196] 56. The doctrine that applies when one person confers a benefit on another who retains the benefit in a...show more content...
B [moderate p. 194] 65. Frank says to Mary, "If you wash every window in my house today, I'll pay you $200. I don't care if you do it, but there is $200
in it for you if you do." Mary washes 12 of the 20 windows in Frank's house by 2:00 p.m. At this point: a. Frank can revoke his offer to pay Mary
the $200 for washing the windows. 129 b. Mary is obligated to finish washing the windows. c. Mary has formed a contract by beginning to wash the
windows. d. There is no contract yet in this situation. D [difficult pp. 194–195] 66. Janet pulls her car into a line for a car wash. Janet says nothing and
her car is washed by the employees there. Janet then refuses to pay for the car wash, stating that there is no contract. What would the results be in a
lawsuit over this situation? a. Janet wins; because she said nothing, there can be no contract. b. Car wash wins; this is an express, unilateral contract
that has been accepted. c. Janet wins; because the car wash made no promise to wash her car, there is no contract. d. Car wash wins; this is an
implied–in–fact contract that has been accepted. D [moderate p. 195] 67. Lori just purchased a brand new lawnmower for $500. When she got
home and tried to use it, it would not work. She became angry and shouted, "I'd sell this thing for $50." Her neighbor heard her and said, "I'll take it,"
and offered Lori the $50 in cash. Which of the following best describes this situation? a. This is an enforceable bilateral

Business Law Essay
Business owners and managers familiar with the court litigation system understand that high litigation costs and long delays make it difficult and
expensive to resolve business disputes in court. They also understand that most civil cases that go to court are settled before trial. They are solved after
spending considerable amount of time and money in the complex pre–trial phase, but just in time to avoid the risk of trial. Mediation and commercial
arbitration provide superior solutions that help in resolving business disputes. Mediation puts the parties immediately in control of the situation and
helps them get desirable outcomes without expending vast resources on litigation procedures (Berg, Permanent Court of Arbitration. International
With increased regularity, businesses have chosen alternativedispute resolution (ADR) procedures of mediation and arbitration instead of the traditional
litigation system for resolving legal disputes. Businesses have brought in qualified mediators in the dispute resolution process, to help them come up
with preferable resolutions instead of spending excessive resources on pre–trial court litigation processes. In case businesses anticipate disputes that
might not be resolved through mediation, they agree at the time of contract signing, to present future disputes to private arbitration.
The most widely accepted reason favoring commercial arbitration or alternative dispute resolution is the favorable cost of the arbitral process in
comparison to traditional litigation costs. The cost of arbitration, when managed efficiently, can be a fraction of the cost of litigation. In a study that
compared litigation and arbitration of employment disputes, empirical data indicated that arbitrations were significantly more efficient than litigation,
in terms of time management. Several judges have spoken out about the court crisis, including Kevin S. Burke, Chief Judge of the Minnesota's Fourth
Judicial District (Antonio Buti, 2001).
Modern business dealings involve increasing multifaceted interactions coupled with many technical

Business Law: Case Study Questions And Answers
6/2/16 – a meeting was held with Shane, in the presence of his Union Representative, Tom Brice, to discuss the allegation that he violated DOT&PF's
Unauthorized Expenditures/Purchases P&P #10.01.022, when he purchased meals while traveling for work on May 16 – 17, 2016.
During the meeting Shane affirmed he occasionally travels for work. He stated that when he travels, sometimes things are included and sometimes
not. And he couldn't confirm with certainty he had always paid for meals at his expense, as he stated he guesses he has always paid for meals. He
mentioned that one time he stayed at a bed and breakfast, were meals were provided. Although for the latter, he couldn't remember what meals were
included, and stated that he was working most of the time.
Shane has a State credit card and he didn't recall the documents he signed when the card was assigned to him back in 2011. He also stated not being
familiar with the Unauthorized Expenditures/Purchases P&P. When asked what he thought the policy says, he stated "shouldn't use state credit card for
unauthorized purchases". We then asked what he thought were considered...show more content...
In addition, is concerning the fact that Shane didn't demonstrate responsibility or remorse for his actions when his reaction to Matt's questioning was to
become mad; and that there was no sense of wrongdoing. During the pre–determination meeting Shane stated he didn't recall the conversation with
Haynes in which he told Haynes he didn't have to use his personal credit card. In his written statement, Haynes indicated that Shane specifically told
him he didn't have to use his personal credit card, that he could use the State's credit card. Three members of the crew confirm this conversation

Business Law
Business Law Research Paper Business law is law that refers to law that is dealt with when dealing with people and certain matters that could be
commercial. When dealing with business law, the law is often dealing with a business of some sort, like the term name says. Certain problems you
could deal with are business formation, employment considerations, immigration law, sales of consumer goods, contract drafting and negotiations,
trust and antitrust, intellectual property, taxes, bankruptcy, and more. Business law also deals with issues that could arise with existing businesses that
interact with customers or the general public. This helps view businesses as entities separate from businesses and customers. Businesses can be formed
as corporations,...show more content...
Laws protect us from discrimination, from threats of other citizens or countries perhaps, and much more. Business law simply keeps the calm in
this country and it would be chaos without it. According to a quote from one of our past presidents, Theodore Roosevelt, he said, "Ours is a
government of liberty, by, through and under the law. No man is above it, and no man is below it." What he means is that business law sets a
foundation for our country and all organized matters and everything within it. So many people use business law. Business lawyers, attorneys,
judges, prosecutors, anyone who uses law in their hands for a career or for other circumstances. To use business law in a career that deals with
law, you must have a JD degree or something similar. But if you have a career that isn't professional, like a lawyer, and you're someone like a
police officer, you can use law to help citizens protect themselves and to take down criminals and felons using the law in a right way. One law that
interests me is criminal law. I've always been interested in criminal justice and law, and I feel like it would be a great use to me for many reasons.
Not only would it help me take down those who I know personally who need to be thrown in jail, but it would also help those who are in need to be
saved, not to be clichГ©, but citizens who genuinely need to be

Business Law
THE LAW OF BUSINESS ORGANIZATIONS
CHAPTER 4 – Piercing the Corporate Veil
Minne B Berkey v Third Avenue Railway Company
Overview:
This is a New York Court of Appeals decision in 1926 adjudicated by the legendary Justice Cardozo. In this seminal case on 'piercing the corporate
veil', the Court of Appeals finds in favor of the Defendant, Third Avenue Railway Company. The Court holds that Third Avenue, the parent company of
Forty–second Street Company, which operated a rail line upon which the Plaintiff was injured, was not liable for the torts of thesubsidiary. Even though
the defendant owned all the stock of the subsidiary and controlled its Board of Directors, the degree of domination over the subsidiary was not
considered...show more content...
The trial court affirmed the Appellate Division's refusal to pierce the corporate veil finding that Westerlea and Defendant acted as two separate
corporations at all times.
Issue:
Can a business be incorporated for the very purpose of escaping personal liability?
Held:
The Appellate and trial court decisions were affirmed and the Court found for the Defendant. The Court held that 'piercing the corporate veil' is
invoked to 'prevent fraud or to achieve equity'. In this case the Court found no evidence of fraud, misrepresentation nor illegality. Although the
defendant controlled Westerlea's affairs, Westerlea maintained an outward appearance of aDseparate corporate identity at all times. Further, the
creditors were not misled, there was no fraud, and Defendant performed no act to cause injury to the creditors of Westerlea by depletion of assets or
otherwise.
Discussion:
The dissent argued that the corporate veil should be pierced in this case. вЂЁThe argument was that Westerlea was organized solely to benefit
Defendant, not to operate as a separate entity. Westerlea did not have a separate corporate identity because it was Defendant's wholly owned subsidiary
that had the same directors and management as Defendant. Westerlea was undercapitalized because Defendant provided Westerlea with small capital
and Westerlea maintained insufficient funds to cover the cost of building the homes. Westerlea's purpose

Business Law and Ethics Essay
Business Law and ethics
Subject:
The objective of this report is to highlight the importance and need of ethics, ethical leadership and organisation behaviour. The report is based on the
speech of Michael Hackworth.
Leadership in fairness and honesty makes good business sense.
Organisation behaviours, culture, values, management style and ethics, all of them make a combination on which company success and failure depends.
Every company in the world start by stating the mission, objectives, values, belief and structure. Every part of it influences each other. It is very
difficult to maintain balance between them.
Michael Hackworth express that top management some time ignore the ethics and ethical boundaries which...show more content...
Normally companies and businessman's need a good quality business plan with good business strategies in order to cope this starving market, also
with ethics in order to be flourishing in this fast growing world.
Are profits too high and exploiting the customer?
Now a day, every company is trying its level best to maximize its profit either by hook or crook. And in reality it is the main agenda and goal of every
company to maximize its profit. Otherwise, there is no mean of doing any business. But the thing is either company are making and maximizing their
profits by adding value to its customers. Whatever they invest into the particular product, are customer is getting the same value of their investments.
But if we look around our surroundings then those companies either it is industrialist, businessman and entrepreneur all are trying their level best to
maximize their profit and increase their wealth by exploiting their customers. However, consumer of the product normally looking for extra and most
excellent services in order to get better their own working effectiveness by minimizing costs, decreasing capital investment and predetermined
spending. Exploitation of consumer from vendors is look like a never ending difficulty. There are lots of ways to exploit a customer. Sometimes
wholesalers and retailers charge a higher price then mentioned price on the product. They give to their lesser quantity then

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case. A federal court's power to
hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. В§
1332(a). Diversity jurisdiction is one of the two main types of subject–matter jurisdiction in federal court. Definition from Nolo's Plain–English Law
Dictionary The power of the federal courts to decide civil disputes between citizens of different states, provided the amount the plaintiff seeks in
damages exceeds an amount set by Congress (currently $75,000). The so–called citizens may include companies incorporated or doing business in
different...show more content...
At some stages, some appeals courts may hear oral arguments from the attorneys or even a hearing with witnesses, but most of it is on paper. Each
appeals court can refuse the appeal, send it back for retrial for verdict or sentence only, or back to the lower appeals court for rehearing. But once it's
into appeal, the State can also appeal the appeals court rulings before anything else happens, and that makes it different from the trial where the State
can't appeal a not guilty verdict. 4. Explain the process that takes place in the pleadings portion of the trial. Pleading Stage * Filing a Complaint – In
civil proceedings the complaint is the official engagement of the plaintiff with the defense regarding the proposed "injustice" caused by the defense.
This is a formal document submitted by the plaintiff to the court having jurisdiction over the complaint. * Summons – Notification by the court in
which the complaint is filed as an action being brought against the defense. Service of the summons typically requires a response from the defense
within a 30–day period. No response from the defense can trigger a default judgment for the plaintiff. * Motions to Dismiss – These are the defense's
response or answers to the plaintiffs complaint. The responses are typically filed as motions and are intended to dismiss the claims expressed in the
complaint. * Motion for Judgment – Following the defendants response to

Business Law Questions and Answers
QUESTION 1. Issues of this case: Could the offer acceptence by e–mail be capable of creating contractual relationships? Was there a breach of
cotract? The matter of the case is regulated by Contract Law. Contractual nature A contract can be difened as "an agreement containing promises
made between two or more parties with the intention of creating certain legal rights and obligations and enfoufceable in a court of law". (Andy &
Douglas, 2013, p.307). Though every contract involves an agreement, not every agreement is legally forceable and will result in contract. It is
necessary to find out weather the agreement between parties was inteded to be regarded by the law as valid and enfoceable (a contract) or just an
agreement and not enforceable. Definition also says that angreement first of all is a promise or commitment that something will or not will happen in
the fututre. However, to be a contract a promise must have a cantractual nature and therefore a promosor must have legal liability. In the given case
David (offeree) accepts offer via e–mail which was not legally recorded or officially sealed unless Charlie (offeror) and David had agreed to
communicate electronically. Thus, may only be (hypothetically) a simple contract. A simle contract must contain 3 constituents: 1.There must be an
agreement between parties. In other words, there must be a offer and acceptance. Charlie offers to sell his car to David, so it can be an offer. David
decides to buy Charlie`s car and

Unit 2 Business Law Essay

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Unit 2 Business Law Essay