Business Law Essay Questions

Unit 2 Business Law Essay
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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...show more content...
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

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
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 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

Case Study : Business Law I Essay
Eider I. Espinosa
ACCT 261 – Business Law I
Prof R. Stein
Fact Pattern 1
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state
of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due
to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue
against the neglectful driver and the company associated with the ownership of the vehicle.
Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the
corporation responsible for the damages caused by their staff and property; reason being that they are
protected under the Constitution's diversity of citizenship, and the privileges and immunities clause.
Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court
that the matter needs to be brought to.
The diversity of citizenship clause stipulates that matters that involves two or more parties of
varying citizenship, such as state of residency or country of origin, and who's legal dispute is greater
than seventy–five thousand dollars, will be protected and served by the United States law under the
jurisdiction of the federal court. The privileges and immunities clause prohibits states from
discriminating against one another's citizens, they are not to be unprivileged from any legal
protection, access to courts, or travel and property rights. Lastly the commerce clause permits

Business Law Case Study Essay
Please answer the questions posed at the end of each case study in essay form. Each essay will be
judged on your capacity to present strong, logical discussions that support your conclusions. Case
study 1 Members of Students for Fair Tuition (SFT) decide to protest rising tuition costs at Gigantic
State University (GSU) by taking over Dunfee Hall, the location of GSU president Dalton Chandler's
office. As they storm into the reception area of Chandler's office suite, shouting "Down with fascist
tuition increases," Chandler's faithful secretary, Prudence Pimply, picks up a phone to call the
campus police. Steve Steel, radical leader of the SFT, slaps the phone knocking it from Prudence's
hand without ever touching her. He then...show more content...
The tort of intentional infliction of emotional distress has four elements: 1. the defendant must
act intentionally or recklessly; 2. the defendant's conduct must be extreme and outrageous; and 3.
the conduct must be the cause 4. of severe emotional distress. This is exactly what happened din
this case. Steve Steel not only knocked the phone out of Prudence's hand but also broke down the
door and threatened Prudence with force and made her scared for her life. I do believe that
negligence is a part of this case. A person who engages in activities that pose an unreasonable risk
toward others and their property that actually results in harm, breaches their duty of reasonable
care. Steve Steel did not show a proper care of duty with Prudence. I think that Steve Steel should
also be responsible for all of the physical and mental damages since he did not show reasonable
care. I think the tort liability in this case would be assault and battery. An assault involves three
things that we see in this case. An assault occurs when an intentional, unlawful threat or "offer" to
cause bodily injury to another by force; under circumstances which create in the other person a
well–founded fear of imminent peril; where there exists the apparent present ability to carry out the
act if not prevented. A battery is the willful or intentional touching of a person against that person's
will by another person, or by an object or

Corporate Law Essay
THE UNIVERSITY OF ADELAIDECOMMLAW 7011 CORPORATE LAW (M)
BUSINESS SCHOOL
Week 3, Semester 1, 2012
TUTORIAL QUESTIONS
WEEK 3 (Commencing Monday 12 March)
Acknowledgement: These Tutorial Questions were originally devised by Martin Markovic, Senior
Lecturer, Business School, University of Adelaide.
Question 1
A, B and C are long time friends from University days. They share common interests especially with
respect to making money. A is acomputer programmer for a bank, B is a chartered accountant and
C a corporate lawyer. While having drinks after work one evening in May, A indicated that he had
become disenchanted with the lack of challenge at his work. He...show more content...
In July, A, B and C entered into a joint venture agreement with D whereby:
(i)A, B and C were granted the sole distribution rights for the products in South Australia for a fee
of 20% of the annual net profits of A, B and C's business;
(ii)A, B and C agreed to comply with any marketing instructions issued by D;
(iii)A, B and C agreed to purchase all their computing products exclusively from D. This was most
unusual as all their competitors purchased products from a range of computing companies.
(iv)D had a right to inspect the business venture's books of accounts and a right to receive quarterly
statements.
In December, at a computing trade exhibition, A is overcome by an exciting range of new products
being offered by IBN Computers Ltd. He immediately attempted to phone B and C on his mobile
phone but was unsuccessful. A, being the impetuous person he was, couldn't wait and ordered
$250,000 of computing products from IBN.
Provide advice with respect to:
(i)the nature of the relationship between A, B and C;
(ii)the nature of the relationship between A, B and C and D;

(iii)The legal consequences of the $250,000 order with

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
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

Principles of Business Law
DIPLOMA IN BUSINESS ADMINISTRATION PRINCIPLES OF BUSINESS LAW (BA333)
ASSIGNMENT TERM ONE 2006 Instruction: Answer ALL questions. Marks will be awarded for
good presentation and thoroughness in your approach. NO marks will be awarded for the entire
assignment if any part of it is found to be copied directly from printed materials or from another
student. Complete this cover sheet and attach it to your assignment. Student declaration: I declare
that: п‚§I understand what is meant by plagiarism. п‚§The implications of plagiarism have been
explained to me by my institution. п‚§This assignment is all my own work and I have
acknowledged any use of the published or unpublished works of other people. Student's...show more
content...
Thus, the sales of the prescribed drugs were made under the supervision of a registered
pharmacist as required by the Act at the appropriate moment in time. Therefore, there was no
breach of the Act. Questions of common sense and of commerce were applied in this case where
if the picking up of an item from the shelf constituted a sale, it would mean that ownership of the
item would immediately pass to the customer. The customer would not be able to have a change
of mind and return the item to the shelf; the supermarket would not be able to prevent the
customer from taking the item, as it might be the last in stock, which the supermarket wanted to
keep it as display on the shelf. Fisher v. Bell [1961] The Restriction of Offensive Weapons Act 1959,
prohibited persons from offering weapons for sales. A shopkeeper was prosecuted for displaying an
offensive weapon, which is a flick–knife in his shop–window. It is held that he shopkeeper was not
convicted, as the exhibition in the shop window was not an offer for sale; it was merely an invitation
to treat. Advertisement As a general rule, a public advertisement does not amount to an offer. The
courts have

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 Essay Questions

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