This assignment is a continuation of the project started in Week 3. Read the scenarios and the questions that follow. Select
any four (4)
scenarios
and
the recommendations section, Scenario 8. Identify and analyze the legal issue(s). Apply legal concepts and make potential arguments as directed using laws, cases, examples, and/or other relevant materials. Consider using short headings (consult APA materials) to separate the topics. Summarize the facts; do not copy the scenarios into the paper. Support your answers with information from the textbook and at least four scholarly sources other than the text and course lectures. Sources must reference U.S. law.
By
the due date assigned, prepare a 4 to 7 page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Do not exceed the page length by more than two pages
Scenario 1: Accident or Arson
Peter Pablo , a shift supervisor in the distribution center, worked for Jabil Circuits for six years. Peter is experienced in operating all of the machinery. One day when Peter was upset with his boss, he did not turn off the package laminator, a machine used to seal packaging in plastic to reduce damage in transportation. The machine overheated, caught fire and part of the warehouse burned to the ground, resulting in over a million dollars in damage to the building and contents.
Peter shows up to the remains of what was once his promising career A slight smile forms as he realizes this whole incident is his fault for intentionally leaving on the laminator. Peter calls his manager to tell him that the warehouse burned to the ground and he doesn’t know what caused the fire. Fire marshals investigated and found out that the reason for the fire was the laminator was left on and either malfunctioned or overheated.
Should Peter Pablo be found guilty of arson in this scenario? Explain arguments for and against Peter Pablo.
Scenario 2: Contracts – Formation and Breach
As the purchasing manager, Russ looks for deals on office supplies and equipment. An office supply company offered to sell Jabil six new industrial copy machines and four packaging machines for $15,000. Russ thought the offer presented a great opportunity to replace the old equipment with new equipment. Russ and the seller entered into an oral contract whereby Russ would pay the seller $15,000 cash on delivery to Jabil’s distribution center in St. Petersburg, Florida. In the meantime, Russ lined up installers for the equipment. When time came for delivery of the goods, the seller said that half of the copy machines and packaging equipment had been sold to another company, but 3 copy machines and 2 packaging machines would be delivered.
What rights does Russ have related to the oral contract for the equipment? Is the seller in breach of contract? Discuss why or why not.
Scenario 3: Contracts and Capacity
Chet Gaines, the d ...
This assignment is a continuation of the project started in Week.docx
1. This assignment is a continuation of the project started in Week
3. Read the scenarios and the questions that follow. Select
any four (4)
scenarios
and
the recommendations section, Scenario 8. Identify and analyze
the legal issue(s). Apply legal concepts and make potential
arguments as directed using laws, cases, examples, and/or other
relevant materials. Consider using short headings (consult APA
materials) to separate the topics. Summarize the facts; do not
copy the scenarios into the paper. Support your answers with
information from the textbook and at least four scholarly
sources other than the text and course lectures. Sources must
reference U.S. law.
By
the due date assigned, prepare a 4 to 7 page paper that identifies
the legal issues and potential solutions and answers all
questions presented, supported by relevant legal authority. Do
not exceed the page length by more than two pages
Scenario 1: Accident or Arson
Peter Pablo , a shift supervisor in the distribution center,
worked for Jabil Circuits for six years. Peter is experienced in
operating all of the machinery. One day when Peter was upset
with his boss, he did not turn off the package laminator, a
machine used to seal packaging in plastic to reduce damage in
2. transportation. The machine overheated, caught fire and part of
the warehouse burned to the ground, resulting in over a million
dollars in damage to the building and contents.
Peter shows up to the remains of what was once his promising
career A slight smile forms as he realizes this whole incident
is his fault for intentionally leaving on the laminator. Peter
calls his manager to tell him that the warehouse burned to the
ground and he doesn’t know what caused the fire. Fire marshals
investigated and found out that the reason for the fire was the
laminator was left on and either malfunctioned or overheated.
Should Peter Pablo be found guilty of arson in this scenario?
Explain arguments for and against Peter Pablo.
Scenario 2: Contracts – Formation and Breach
As the purchasing manager, Russ looks for deals on office
supplies and equipment. An office supply company offered to
sell Jabil six new industrial copy machines and four packaging
machines for $15,000. Russ thought the offer presented a great
opportunity to replace the old equipment with new equipment.
Russ and the seller entered into an oral contract whereby Russ
would pay the seller $15,000 cash on delivery to Jabil’s
distribution center in St. Petersburg, Florida. In the meantime,
Russ lined up installers for the equipment. When time came for
delivery of the goods, the seller said that half of the copy
machines and packaging equipment had been sold to another
company, but 3 copy machines and 2 packaging machines would
be delivered.
What rights does Russ have related to the oral contract for the
equipment? Is the seller in breach of contract? Discuss why or
3. why not.
Scenario 3: Contracts and Capacity
Chet Gaines, the director in the real estate division of Jabil, met
with Mack Smith about purchasing a large tract of land owned
by Smith in Clearwater Florida. Gaines knew the company
planned to clear the property to create a new distribution center.
Gaines judged Smith to be 80 to 85 years old. During the
meeting, Gaines noticed several brochures about dementia and
assisted living facilities, as well as several prescription bottles
sitting on the table. After discussing the good old days for
several hours, Gaines and Smith agreed on the sale of the land
for $500,000. Since Gaines brought a blank copy of a contract
with him, he helped Smith complete the paperwork and both
parties signed. Unbeknownst to either party, the purchase price
was written as $50,000. On the day before the closing, Gaines
called Smith to remind him of the location of their meeting to
sign the remaining documents. Confused, Smith said he didn't
know anything about selling that land and he had no intention of
selling his land to some young shyster who was still wet behind
his ears and was trying to cheat him.
What are the basic requirements for contract formation?
What defects in the contract formation process may have
occurred?
Does Gaines, on behalf of Jabil, have a valid contract with
Smith?
Scenario 4: Intellectual Property
4. Jabil manufactures and sells electronics in the United States
and in foreign countries. It owns the federally registered Jabil
trademark and has registered this trademark in Mexico as well.
Juan Sanchez is a Mexican citizen residing in Tampa Florida,
with business offices there. Jabil believed that Sanchez was in
the business of selling counterfeit Jabil parts in Mexican border
towns, such as Tijuana, Mexico. The company sought an
injunction in a federal district court in Florida ordering Sanchez
to cease his counterfeiting activity and to refrain from
destroying certain documents. It also asked the court to freeze
Sanchez’s assets pending the outcome of a Lanham Act lawsuit.
Sanchez contended that a U.S. district court has no jurisdiction
or authority to enter the injunction for the activities allegedly
occurring in Mexico.
Analyze the arguments for Jabil and Sanchez. Determine the
outcome and support your selection.
Scenario 5: Contracts
Joy Martin was a nurse at Morton Plant Hospital when she was
approached by Teresa Dawson, who was in charge of human
resources at a competing medical facility, Bayfront Hospital.
Dawson offered Martin a substantial raise to leave Morton Plant
to work for Bayfront. When Martin’s boss heard about the
offer, he told her, “If you agree to stay with Morton Plant for at
three years, I promise that next year you will receive a
promotion with a 10% raise.” Martin turned down Dawson’s
offer and stayed with Morton Plant. Eight months later, Martin
was dismissed when Morton Plant was acquired by Bayfront.
Martin sued for breach of contract.
Can Martin enforce her boss’s promise?
What theory or theories would Martin use?
5. Provide arguments for both sides, determine which party wins
and provide support for your decision.
Scenario 6: Antitrust
Jabil Circuits sold electronic parts to manufacturers and
distributors. Jabil established quantity discount rates that were
published on the company’s customer portal and provided by
mail once per year to all buyers. A 25% discount was given to
buyers purchasing more than 50 container loads in a calendar
year. Only three buyers out of approximately 150 customers
purchased 50 or more containers; therefore, only three
companies received the best discount. A significant number of
customers complained that the purchasing requirements were set
too high and resulted in price discrimination.
Evaluate whether violations of price discrimination laws
occurred.
Scenario 7: T orts and Negligence
Ronnie was injured when a van driven by Toby slammed into
Ronnie’s car. The van belonged to Jabil and Toby was
authorized to drive the van to and from work. Toby was killed
in the accident. The results of the investigation showed that
Toby was traveling at a high rate of speed and his blood alcohol
content exceeded the legal limit. Ronnie sued Jabil Circuit and
Toby’s estate for gross negligence and asked for compensatory
and punitive damages.
Will Ronnie recover? Why or why not?
6. If Ronnie recovers, which party/parties will be responsible?
Provide examples, laws or other relevant information to support
your answer.
Scenario 8: Recommendations
Conclude your paper by identifying and discussing ethical
issues and providing recommendations for Jabil Circuit to help
prevent future occurrences of legal and ethical issues you
addressed. Be specific in your recommendations.
Submission Details:
Use APA format for the paper. Review the APA materials
located in the Library Research Guide.
Name your document
SU_BUS1038_W5_LastName_FirstInitial.doc
Submit the document to the
Submissions Area by
the due date assigned.