National Electronics sold goods at a contract price of $160,000 to H.docx
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National sold $160,000 worth of goods to Hydro Corp. but was not paid after Hydro filed for bankruptcy. National discovered evidence that Hydro's sole shareholder and CEO, Hunt, received over $2.8 million in undocumented loans from Hydro and did not pay interest. Hydro also paid Hunt's personal expenses like boat fees and his wife's car lease. This document provides facts for a potential claim by National against Hunt to recover unpaid debts if National can prove the required elements for piercing the corporate veil.
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CASE NAME CATAMOUNT SLATE PRODUCTS INC. V. SHELDON1. Legal Cogn.docx
CASE NAME: CATAMOUNT SLATE PRODUCTS INC. V. SHELDON
1. Legal Cognizance
2. Facts:
3. Briefly describe the facts: Catamount Slate Products Inc. is owned by the Reed family In Vermont, their neighbors the Sheldons share an access road leading into the two properties. Both parties agreed to mediation to determine whether or not the Reeds could use the road for business purposes. The mediation terms where only to be legal by way of signature, the Reeds agreed to pay a monthly fee and signed both a Lease & Settlement Agreement. Documents were drafted but never agreed to, and the Reeds began paying into an escrow account before anything was signed, to be paid to the Sheldons upon signature, unless the settlement did not occur. Months later a deed was discovered showing the land was a town highway. Further payments ceased and no documents were ever signed.
4.
5. Which facts were key to the outcome?
The mediation was set up as “offers” only, not intended to be legally binding until signing takes place. Additionally, the Reed family made it clear both verbally and in writing that they did not agree to the initial documentation and thus never signed.
2. Legal issue:
3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?
Execution of an offered & written contract requires an offer, a promise for a promise (along with its completion, and acceptance or indication of acceptance. This case exemplifies the first element but fails to complete the other two, thus it is not binding. Secondly, the contract falls within the rules of termination (land was not owned by Sheldons).
1. What are all of the elements of the main legal rule that this case illustrates?
· Reservations not to bound without a written contract.
· Partial performance (completion) of the contract.
· All terms must be agreed upon.
· Land contracts are “subject to the statue of frauds” and needs to be in writing.
3. Prevailing party’s point of view:
4. What legal arguments were made by the prevailing party?
5. The Reeds argued that not only was the road not owned by the Sheldons, but that by disagreeing with the terms, and never entering verbally or in writing into an agreed upon contract, no settlement ever occurred and was therefore not binding.
6. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?
7. Contracts were never signed; The disputed land was owned be neither parties; Agreement to terms never occurred.
8. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?
9. The road was a shared road & thus the Reeds were entitled to use it to an extent. No contractual signatures or verbal agreements were ever made to bind the deal. The initial ruling ruled unjustly in Sheldons favor.
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1. Legal Cognizance
2. Facts:
3. Briefly describe the facts: Catamount Slate Products Inc. is owned by the Reed family In Vermont, their neighbors the Sheldons share an access road leading into the two properties. Both parties agreed to mediation to determine whether or not the Reeds could use the road for business purposes. The mediation terms where only to be legal by way of signature, the Reeds agreed to pay a monthly fee and signed both a Lease & Settlement Agreement. Documents were drafted but never agreed to, and the Reeds began paying into an escrow account before anything was signed, to be paid to the Sheldons upon signature, unless the settlement did not occur. Months later a deed was discovered showing the land was a town highway. Further payments ceased and no documents were ever signed.
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2. Legal issue:
3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?
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ETH 321 Final Exam1. Civil enforcement powers regarding federal .docx
ETH 321 Final Exam
1. Civil enforcement powers regarding federal antitrust matters belong to _______.
the Treasury Department
the Department of Revenue and Taxation
the FTC and the Department of Justice
the Department of Labor
2. Which of the following is true of tort law?
It protects people from being tried twice for the same crime.
Tort law typically deals with breach of contract.
It provides compensation to those workers who have been injured on the job.
It sets limits on how people can act and use their resources.
3. Fred takes Betty to dinner at a very expensive and exclusive restaurant The menu does not mention prices The server takes their order and both Betty and Fred enjoy the meal immensely. When the bill comes, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating and offer and acceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the server merely asked “What may I get you tonight?” Which of the following is true?
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The seller is liable for any damages incurred to the goods during shipment.
The buyer is liable for any damages incurred to the goods during shipment.
The seller is always responsible for shipping the goods to the buyer.
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USE PARAGRAPH (1.1) TO ANSWER QUESTIONS 1 – 61.1 Big Time Toy.docx
USE PARAGRAPH (1.1) TO ANSWER QUESTIONS 1 – 6:
1.1 Big Time Toymaker (BTT) develops, manufactures, and distributes board games and other toys to the United States, Mexico, and Canada. Chou is the inventor of a new strategy game he named Strat. BTT was interested in distributing Strat and entered into an agreement with Chou whereby BTT paid him $25,000 in exchange for exclusive negotiation rights for a 90-day period. The exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing. Just three days before the expiration of the 90-day period, the parties reached an oral distribution agreement at a meeting. Chou offered to draft the contract that would memorialize their agreement. Before Chou drafted the agreement, a BTT manager sent Chou an e-mail with the subject line “Strat Deal” that repeated the key terms of the distribution agreement including price, time frames, and obligations of both parties. Although the e-mail never used the word contract, it stated that all of the terms had been agreed upon. Chou believed that this e-mail was meant to replace the earlier notion that he should draft a contract, and one month passed. BTT then sent Chou a fax requesting that he send a draft for a distribution agreement contract. Despite the fact that Chou did so immediately after receiving the BTT fax, several more months passed without response from BTT. BTT had a change in management and informed Chou they were not interested in distributing Strat.
READ ENTIRE DOCUMENT BELOW (2.1) FOR SUPPORTING EVIDENCE:
2.1 The law provides certain relief for aggrieved parties that suffer losses as a result of another party’s breach of contract. These relief mechanisms are collectively referred to as remedies. Recall the distinction discussed in Chapter 1 between remedies at law and remedies in equity. For many contracts, the remedy at law will be money damages awarded by the court to the non-breaching party. This is simply a legal mechanism for compelling the breaching party to compensate the innocent party for losses related to the breach. In a contract claim, money damages are primarily limited to (1) compensatory (also called direct ) damages, (2) consequential damages, (3) restitution, and (4) liquidated damages. 15
Compensatory Damages
Compensatory damages cover a broad spectrum of losses for recovery of actual damages suffered by the non-breaching party. These damages are an attempt to put the non-breaching party in the same position she would have been in if the other party had performed as agreed. This includes such sums as out-of-pocket damages and even potential profits that would have been earned if performance had occurred. For example, BigCo. hires LowPrice to prepare BigCo.’s tax returns and financial statements in time for BigCo.’s shareholders meeting on March 1 for a fee of $5,000. On February 15, the principal of LowPrice notifiesBigCo. that she cannot prepare the returns because she decided to switch ...
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Student Project There is no extension of the due date for t.docx
Student Project
There is no extension of the due date for the project. Late projects will not be accepted. A grade of zero will be given if the project is not turned in on time. Hard copy of the paper must be turned in to this instructor on or before the due date . No electronic submission
Paper Requirements
Use the DSM V to identify a coded disorder and use the symptoms of that disorder to create a client and case vignette. The client you create should meet all the criteria for the diagnosis you select. See following page
Student project paper organization and points distribution:
· 2 pts APA cover (page 1)
· 3 pts APA format entire paper (running heads and citations etc.)
· 20pts Accurately completed Multiaxial sheet (page2)
· 50 pts Create a client and present your client in a narrative using clinical language and terminology to describe symptoms of a DSM disorder. DSM V guidelines and criteria. This section must be at least 4 pages long and no longer than 5 pages (pages 3, 4, 5, 6) you will be penalized 5 points for each ½ page short of the 4 page narrative.
Make this person real…
· What do you observe when you meet and speak with this client
· What does this client say and how do they say it
· Describe symptoms of your client that represent indicators for an Axis I diagnosis
· Include medical issues. You must include at least one medical from Axis III
· Describe background and environmental contributors to the diagnosis at least three Axis IV factors Also provide demographics, age, race, sex etc…
· Discussion of the GAF explains criteria as it relates to your client (a paragraph 5pts.)
· You must give your client at least one assessment/ inventory/test relevant to confirming your diagnosis (depression inventory, substance abuse, OCD, bipolar or anxiety inventory etc...)
· Discuss and explain the results of the inventory ( a paragraph 5pts)
· Justify your diagnosis using DSM V criteria, terms and rule outs.( a paragraph 5pts)
· Use information secured from your two peer reviewed journal articles on the subject of the diagnosis to support your diagnosis,(a paragraph for each article 10pts)
· 10pts APA Resource/ reference page (page 7or 8) you must use and document the following:
· DSM V
· You must use, document and cite in text, at least two peer review journal articles on the topic of your diagnosis.
· The articles appear in reputable psychological research journals.
· Articles must have a publication date of 2001 to present.
· Document where you secured your assessment
· 10pts Appendix Place a copy of the inventory/assessment you used with your client in the appendix
Multiaxial Assessment
Multiaxial Evaluation Report Form
AXIS I: Clinical Disorders
Other Conditions That May Be a Focus of Clinical Attention
Diagnostic code DSM-IV name
___________ ___________________________________________
AXIS II: Personality Disorders Mental Re.
BackgroundIn Week 3, Donny Woods, Jamaica Johnson and Gerald S.docx
Background
In Week 3, Donny Woods, Jamaica Johnson and Gerald Smith opened a new restaurant and bar in Tampa, Florida. You determined the type of business organization and gave the business a name. You also evaluated some of the legal issues faced by the business. This week, you will continue to assess the legal and ethical issues facing the restaurant.
Part 1 – Accountants’ Liability
Garnett Food Service, Inc. owned the building and land that Woods, Johnson and Smith planned to purchase. Prior to putting the property on the market, Garnett hired Lindsey Silver, of the accounting firm of Stevens, Silver and Winters to conduct an audit of the current business located on the property. Silver knew that potential buyers would use the audit report in making their decision to purchase the property. Silver’s audit report showed the current restaurant to be profitable. Woods, Johnson and Smith relied on the accountant’s report in agreeing to purchase the property. It was later discovered that Silver made a number of mistakes that overstated the profitability and value of the property. Woods, Johnson and Smith sued Silver and her accounting firm for damages based on negligent misrepresentation of fact. Silver used lack of privity of contract as her defense.
• Analyze the arguments for each party. Be sure to include a discussion of the various approaches to the duty of care a public accountant owes to third parties.
Part 2 – Sureties and Guarantees
Fifth Third Bank loaned $100,000 to Woods, Johnson and Smith to purchase the restaurant. Since the three parties did not have much cash or other assets, the bank required assurance of payment from another party. Chuck Wagon agreed to be a surety for the loan.
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• Explain why the bank prefers the surety to a guaranty.
Part 3 – Secured Transactions and Bankruptcy
Harrell Restaurant Supplies agreed to sell two new commercial refrigerators to [Restaurant Name] for$17,500. Harrell retained a security interest in the equipment. [Restaurant Name] agreed to pay for the equipment in equal installments over 48 months.
• Evaluate Harrell’s rights as a creditor if [Restaurant Name] files bankruptcy 18 months after purchasing the equipment.
• Discuss Harrell’s rights as a creditor if [Restaurant Name] sold the two refrigerators for $750 approximately 30 days prior to filing bankruptcy.
• Explain how a failure by Harrell to file a financing statement might impact the outcome of both scenarios.
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BOOK BUSINESS LAW TEXT&EXERCISES 8TH EDITIONChapter 153. .docx
BOOK "BUSINESS LAW TEXT&EXERCISES 8TH EDITION
Chapter 15
3.
Promises made in conspirator of marriage.
After twenty-nine years of marriage, Robert and Mary Lou Tuttle were divorced. They admitted in court that before they were married, they had signed a prenuptial agreement and had agreed on its general term that each would keep his or her own property and anything derived from that property. But a copy of the prenuptial agreement could not be found. Can the court enforce the agreement without a writing? Why or why not? (see the statues of frauds- writing requirements).
5.
The parol evidence rule.
Evangel Temple Assembly of God leased a facility from Wood Care Centers, Inc., to house evacuees who had lost their home in a hurricane. The lease agreement stated that Evangel could end the least at any time by giving notice and paying 10 percent of the rent that would otherwise have been paid over the rest of the term. The lease agreement also stated that if the facility did not retain its tax exemption which was granted to it on Evangel’s behalf as
a church Evangel could end the lease without making the 10 present payment. Is parol evidence admissible to interpret this lease? Why or why not? ( see the parol evidence rule).
Chapter 16
3.
Third Party beneficiary.
David and Sandra Dess contracted with Sirva Relocation, LLC, to assist in selling their home. In the contract, the Desses agreed to disclose all information about the property on which Sirva “and other prospective buyers may rely in deciding whether and on what terms to purchase the Property.” The Kincaids contracted with Sirva to buy the house. After closing, they discovered dampness in the walls, defective and rotten windows, mold, and other undisclosed problems. Can the Kincaids bring action against the Desses for breach of their contract with Sirva? Why or why not? ( see third party beneficiaries)
5.
Duties that cannot be delegated.
Bruce Albea Contracting, Inc., the contractor on a highway project, subcontracted the asphalt work to APAC-Southeast, Inc. the contract prohibited delegation without Albea’s consent. In mid-project, APAC delegated its duties to Matthews Contracting Co. Albea allowed Matthews to finish the work. But Alea did not pay APAC for its work on the projects, arguing that APAC had violated the anti-delegation clause, rendering their contract void. Is Albea correct? Explain. (see assignments and delegations).
Chapter 17
3.
Specific performance.
Russ Wyant owned Humble Ranch in South Dakota. Edward Humble was Wyant’s uncle and held a two-year option to buy a ranch from Wyant. The option included specific conditions. Once it was exercised, for instance, the parties had thirty days to enter into a purchase agreement and the seller could become the buyer’s lender by matching the terms of the proposed financing. After the option was exercised, Wyant and Humble engaged in a lengthy negotiations. Humble, however, did not respond to Wyant’s proposed purchase .
Show Me My Money (Reisenfeld & Company v. The Network Group Inc..docx
Show Me My Money (Reisenfeld & Company v. The Network Group Inc., p. 313)
Why does the court see this case as involving a quasi-contract as opposed to an actual contract? What other case law does the court rely on in finding precedent/support for compensating Reisenfeld? Does this decision appear to follow the golden rule guideline set forth in Chapter 2 (pp. 27 and 28)? Describe another example of an implied-in-fact or quasi-contract that you have experienced or is mentioned in the text.
Note: please read all the information correctly before you begin the assignment I have also copy and paste pages 27 and 28 that you would need to complete the assignment.
CASE
13-3
REISENFELD & CO. v. THE NETWORK GROUP, INC.;
BUILDERS SQUARE, INC.; KMART CORP. U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT 277 F.3d 856 U.S. App. (2002)
Network Group (“Network”) was contracted by BSI to assist in selling or subleasing closed Kmart stores in Ohio. A few years later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick's Clothing and Sporting Goods (“Dicks”). Dicks then subleased two stores from BSI. According to executed assignment and assumption agreements signed in November of 1994, BSI was to pay a commission to Network. Network was then responsible, pursuant to the commission agreement with Reisenfeld, to pay a commission of $1 per square foot to Reisenfeld. There was no direct agreement made between BSI and Reisenfeld.
During this time, Network's sole shareholder was defrauding BSI. This shareholder was convicted of several criminal charges stemming from his fraudulent acts. Network was ordered by the district court to disgorge any commissions received from BSI, and BSI was relieved of any duty to pay additional commissions to Network. As such, Reisenfeld never received his commission related to the Dicks sublease.
Reisenfeld sued in state court for the $160,320 in commissions he had not been paid. In addition to suing Network, Reisenfeld also named BSI as a defendant. The suit alleged, among other things, that based on a theory of quasi-contracts, BSI was jointly and severally liable for the commission.
JUDGE BOOGS: . . .
A contract implied-in-law, or “quasi-contract,” is not a true contract, but instead a liability imposed by courts in order to prevent unjust enrichment. … Under Ohio law, there are three elements for a quasi-contract claim. There must be: (1) a benefit conferred by the plaintiff upon the defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be unjust to do so without payment. …
There is no disagreement as to the first two requirements. It is clear that Reisenfeld's work as broker benefited BSI and that BSI was aware of the work Reisenfeld was doing. The disagreement rests on the third requirement—whether it would be unjust for BSI to retain the benefit it received without paying Reisenfeld for it. … U.
Need help answering this questions. Thanks.1-Why is it importa.docx
Need help answering this questions. Thanks.
1-
Why is it important to study nonverbal communication? How are nonverbal messages communicated in the online environment?
-
2-
How does culture affect word selection? Have you ever been in a situation where communication was taken out of context and caused a cultural misunderstanding? What was the situation? How did you handle it? What are the potential ramifications in business and personal settings?
.
Need help answering these questions. Thanks.1-Watch Underst.docx
Need help answering these questions. Thanks.
1-
Watch
"Understanding Body Language."
Prepare
a list of reflective thoughts from the video that you can share in a class discussion that will assist you in developing nonverbal professional communication skills.
Discuss
how nonverbal communication may affect your professional life and how you can develop your professional nonverbal communication skills.
Unders
tanding
Bo
dy
Language
.
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1. Civil enforcement powers regarding federal antitrust matters belong to _______.
the Treasury Department
the Department of Revenue and Taxation
the FTC and the Department of Justice
the Department of Labor
2. Which of the following is true of tort law?
It protects people from being tried twice for the same crime.
Tort law typically deals with breach of contract.
It provides compensation to those workers who have been injured on the job.
It sets limits on how people can act and use their resources.
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Fred must pay based on an implied-in-fact contract theory.
Fred must pay based on a promissory estoppel theory.
Fred must pay based on expressed contract theory.
Fred is correct because no contract was formed.
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It requires employers to give notice to an “at will” employee that he/she is being fired.
It requires employers to give notice to employees that they are being subjected to polygraph tests.
It requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees.
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The buyer is responsible for damages to goods when the seller is about to transfer for shipment.
The seller is liable for any damages incurred to the goods during shipment.
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The seller is always responsible for shipping the goods to the buyer.
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inculpatory evidence
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USE PARAGRAPH (1.1) TO ANSWER QUESTIONS 1 – 61.1 Big Time Toy.docx
USE PARAGRAPH (1.1) TO ANSWER QUESTIONS 1 – 6:
1.1 Big Time Toymaker (BTT) develops, manufactures, and distributes board games and other toys to the United States, Mexico, and Canada. Chou is the inventor of a new strategy game he named Strat. BTT was interested in distributing Strat and entered into an agreement with Chou whereby BTT paid him $25,000 in exchange for exclusive negotiation rights for a 90-day period. The exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing. Just three days before the expiration of the 90-day period, the parties reached an oral distribution agreement at a meeting. Chou offered to draft the contract that would memorialize their agreement. Before Chou drafted the agreement, a BTT manager sent Chou an e-mail with the subject line “Strat Deal” that repeated the key terms of the distribution agreement including price, time frames, and obligations of both parties. Although the e-mail never used the word contract, it stated that all of the terms had been agreed upon. Chou believed that this e-mail was meant to replace the earlier notion that he should draft a contract, and one month passed. BTT then sent Chou a fax requesting that he send a draft for a distribution agreement contract. Despite the fact that Chou did so immediately after receiving the BTT fax, several more months passed without response from BTT. BTT had a change in management and informed Chou they were not interested in distributing Strat.
READ ENTIRE DOCUMENT BELOW (2.1) FOR SUPPORTING EVIDENCE:
2.1 The law provides certain relief for aggrieved parties that suffer losses as a result of another party’s breach of contract. These relief mechanisms are collectively referred to as remedies. Recall the distinction discussed in Chapter 1 between remedies at law and remedies in equity. For many contracts, the remedy at law will be money damages awarded by the court to the non-breaching party. This is simply a legal mechanism for compelling the breaching party to compensate the innocent party for losses related to the breach. In a contract claim, money damages are primarily limited to (1) compensatory (also called direct ) damages, (2) consequential damages, (3) restitution, and (4) liquidated damages. 15
Compensatory Damages
Compensatory damages cover a broad spectrum of losses for recovery of actual damages suffered by the non-breaching party. These damages are an attempt to put the non-breaching party in the same position she would have been in if the other party had performed as agreed. This includes such sums as out-of-pocket damages and even potential profits that would have been earned if performance had occurred. For example, BigCo. hires LowPrice to prepare BigCo.’s tax returns and financial statements in time for BigCo.’s shareholders meeting on March 1 for a fee of $5,000. On February 15, the principal of LowPrice notifiesBigCo. that she cannot prepare the returns because she decided to switch ...
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Student Project There is no extension of the due date for t.docx
Student Project
There is no extension of the due date for the project. Late projects will not be accepted. A grade of zero will be given if the project is not turned in on time. Hard copy of the paper must be turned in to this instructor on or before the due date . No electronic submission
Paper Requirements
Use the DSM V to identify a coded disorder and use the symptoms of that disorder to create a client and case vignette. The client you create should meet all the criteria for the diagnosis you select. See following page
Student project paper organization and points distribution:
· 2 pts APA cover (page 1)
· 3 pts APA format entire paper (running heads and citations etc.)
· 20pts Accurately completed Multiaxial sheet (page2)
· 50 pts Create a client and present your client in a narrative using clinical language and terminology to describe symptoms of a DSM disorder. DSM V guidelines and criteria. This section must be at least 4 pages long and no longer than 5 pages (pages 3, 4, 5, 6) you will be penalized 5 points for each ½ page short of the 4 page narrative.
Make this person real…
· What do you observe when you meet and speak with this client
· What does this client say and how do they say it
· Describe symptoms of your client that represent indicators for an Axis I diagnosis
· Include medical issues. You must include at least one medical from Axis III
· Describe background and environmental contributors to the diagnosis at least three Axis IV factors Also provide demographics, age, race, sex etc…
· Discussion of the GAF explains criteria as it relates to your client (a paragraph 5pts.)
· You must give your client at least one assessment/ inventory/test relevant to confirming your diagnosis (depression inventory, substance abuse, OCD, bipolar or anxiety inventory etc...)
· Discuss and explain the results of the inventory ( a paragraph 5pts)
· Justify your diagnosis using DSM V criteria, terms and rule outs.( a paragraph 5pts)
· Use information secured from your two peer reviewed journal articles on the subject of the diagnosis to support your diagnosis,(a paragraph for each article 10pts)
· 10pts APA Resource/ reference page (page 7or 8) you must use and document the following:
· DSM V
· You must use, document and cite in text, at least two peer review journal articles on the topic of your diagnosis.
· The articles appear in reputable psychological research journals.
· Articles must have a publication date of 2001 to present.
· Document where you secured your assessment
· 10pts Appendix Place a copy of the inventory/assessment you used with your client in the appendix
Multiaxial Assessment
Multiaxial Evaluation Report Form
AXIS I: Clinical Disorders
Other Conditions That May Be a Focus of Clinical Attention
Diagnostic code DSM-IV name
___________ ___________________________________________
AXIS II: Personality Disorders Mental Re.
BackgroundIn Week 3, Donny Woods, Jamaica Johnson and Gerald S.docx
Background
In Week 3, Donny Woods, Jamaica Johnson and Gerald Smith opened a new restaurant and bar in Tampa, Florida. You determined the type of business organization and gave the business a name. You also evaluated some of the legal issues faced by the business. This week, you will continue to assess the legal and ethical issues facing the restaurant.
Part 1 – Accountants’ Liability
Garnett Food Service, Inc. owned the building and land that Woods, Johnson and Smith planned to purchase. Prior to putting the property on the market, Garnett hired Lindsey Silver, of the accounting firm of Stevens, Silver and Winters to conduct an audit of the current business located on the property. Silver knew that potential buyers would use the audit report in making their decision to purchase the property. Silver’s audit report showed the current restaurant to be profitable. Woods, Johnson and Smith relied on the accountant’s report in agreeing to purchase the property. It was later discovered that Silver made a number of mistakes that overstated the profitability and value of the property. Woods, Johnson and Smith sued Silver and her accounting firm for damages based on negligent misrepresentation of fact. Silver used lack of privity of contract as her defense.
• Analyze the arguments for each party. Be sure to include a discussion of the various approaches to the duty of care a public accountant owes to third parties.
Part 2 – Sureties and Guarantees
Fifth Third Bank loaned $100,000 to Woods, Johnson and Smith to purchase the restaurant. Since the three parties did not have much cash or other assets, the bank required assurance of payment from another party. Chuck Wagon agreed to be a surety for the loan.
• Evaluate the bank’s options if the restaurant defaults on the loan. Be sure to identify the amount Wagon is responsible for paying, if any.
• Explain why the bank prefers the surety to a guaranty.
Part 3 – Secured Transactions and Bankruptcy
Harrell Restaurant Supplies agreed to sell two new commercial refrigerators to [Restaurant Name] for$17,500. Harrell retained a security interest in the equipment. [Restaurant Name] agreed to pay for the equipment in equal installments over 48 months.
• Evaluate Harrell’s rights as a creditor if [Restaurant Name] files bankruptcy 18 months after purchasing the equipment.
• Discuss Harrell’s rights as a creditor if [Restaurant Name] sold the two refrigerators for $750 approximately 30 days prior to filing bankruptcy.
• Explain how a failure by Harrell to file a financing statement might impact the outcome of both scenarios.
Part 4 – Employment Discrimination
Born in 1970, Florita Lopez immigrated from Mexico in 2001 and became a U.S. citizen in 2005. Lopez speaks fluent English with a strong Hispanic accent. Her accent does not interfere with her ability to communicate with others. Lopez worked as a cook and waitress for 20 years. Although she did not have any formal management experience, Lopez applied for a sh ...
BOOK BUSINESS LAW TEXT&EXERCISES 8TH EDITIONChapter 153. .docx
BOOK "BUSINESS LAW TEXT&EXERCISES 8TH EDITION
Chapter 15
3.
Promises made in conspirator of marriage.
After twenty-nine years of marriage, Robert and Mary Lou Tuttle were divorced. They admitted in court that before they were married, they had signed a prenuptial agreement and had agreed on its general term that each would keep his or her own property and anything derived from that property. But a copy of the prenuptial agreement could not be found. Can the court enforce the agreement without a writing? Why or why not? (see the statues of frauds- writing requirements).
5.
The parol evidence rule.
Evangel Temple Assembly of God leased a facility from Wood Care Centers, Inc., to house evacuees who had lost their home in a hurricane. The lease agreement stated that Evangel could end the least at any time by giving notice and paying 10 percent of the rent that would otherwise have been paid over the rest of the term. The lease agreement also stated that if the facility did not retain its tax exemption which was granted to it on Evangel’s behalf as
a church Evangel could end the lease without making the 10 present payment. Is parol evidence admissible to interpret this lease? Why or why not? ( see the parol evidence rule).
Chapter 16
3.
Third Party beneficiary.
David and Sandra Dess contracted with Sirva Relocation, LLC, to assist in selling their home. In the contract, the Desses agreed to disclose all information about the property on which Sirva “and other prospective buyers may rely in deciding whether and on what terms to purchase the Property.” The Kincaids contracted with Sirva to buy the house. After closing, they discovered dampness in the walls, defective and rotten windows, mold, and other undisclosed problems. Can the Kincaids bring action against the Desses for breach of their contract with Sirva? Why or why not? ( see third party beneficiaries)
5.
Duties that cannot be delegated.
Bruce Albea Contracting, Inc., the contractor on a highway project, subcontracted the asphalt work to APAC-Southeast, Inc. the contract prohibited delegation without Albea’s consent. In mid-project, APAC delegated its duties to Matthews Contracting Co. Albea allowed Matthews to finish the work. But Alea did not pay APAC for its work on the projects, arguing that APAC had violated the anti-delegation clause, rendering their contract void. Is Albea correct? Explain. (see assignments and delegations).
Chapter 17
3.
Specific performance.
Russ Wyant owned Humble Ranch in South Dakota. Edward Humble was Wyant’s uncle and held a two-year option to buy a ranch from Wyant. The option included specific conditions. Once it was exercised, for instance, the parties had thirty days to enter into a purchase agreement and the seller could become the buyer’s lender by matching the terms of the proposed financing. After the option was exercised, Wyant and Humble engaged in a lengthy negotiations. Humble, however, did not respond to Wyant’s proposed purchase .
Show Me My Money (Reisenfeld & Company v. The Network Group Inc..docx
Show Me My Money (Reisenfeld & Company v. The Network Group Inc., p. 313)
Why does the court see this case as involving a quasi-contract as opposed to an actual contract? What other case law does the court rely on in finding precedent/support for compensating Reisenfeld? Does this decision appear to follow the golden rule guideline set forth in Chapter 2 (pp. 27 and 28)? Describe another example of an implied-in-fact or quasi-contract that you have experienced or is mentioned in the text.
Note: please read all the information correctly before you begin the assignment I have also copy and paste pages 27 and 28 that you would need to complete the assignment.
CASE
13-3
REISENFELD & CO. v. THE NETWORK GROUP, INC.;
BUILDERS SQUARE, INC.; KMART CORP. U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT 277 F.3d 856 U.S. App. (2002)
Network Group (“Network”) was contracted by BSI to assist in selling or subleasing closed Kmart stores in Ohio. A few years later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick's Clothing and Sporting Goods (“Dicks”). Dicks then subleased two stores from BSI. According to executed assignment and assumption agreements signed in November of 1994, BSI was to pay a commission to Network. Network was then responsible, pursuant to the commission agreement with Reisenfeld, to pay a commission of $1 per square foot to Reisenfeld. There was no direct agreement made between BSI and Reisenfeld.
During this time, Network's sole shareholder was defrauding BSI. This shareholder was convicted of several criminal charges stemming from his fraudulent acts. Network was ordered by the district court to disgorge any commissions received from BSI, and BSI was relieved of any duty to pay additional commissions to Network. As such, Reisenfeld never received his commission related to the Dicks sublease.
Reisenfeld sued in state court for the $160,320 in commissions he had not been paid. In addition to suing Network, Reisenfeld also named BSI as a defendant. The suit alleged, among other things, that based on a theory of quasi-contracts, BSI was jointly and severally liable for the commission.
JUDGE BOOGS: . . .
A contract implied-in-law, or “quasi-contract,” is not a true contract, but instead a liability imposed by courts in order to prevent unjust enrichment. … Under Ohio law, there are three elements for a quasi-contract claim. There must be: (1) a benefit conferred by the plaintiff upon the defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be unjust to do so without payment. …
There is no disagreement as to the first two requirements. It is clear that Reisenfeld's work as broker benefited BSI and that BSI was aware of the work Reisenfeld was doing. The disagreement rests on the third requirement—whether it would be unjust for BSI to retain the benefit it received without paying Reisenfeld for it. … U.
Similar to National Electronics sold goods at a contract price of $160,000 to H.docx (20)
ETH 321 Final Exam1. Civil enforcement powers regarding federal .docx
ETH 321 Final Exam1. Civil enforcement powers regarding federal .docx
Countdown to 2021: 60 Important Supreme Court Decisions for Rhode Island Civ...
Countdown to 2021: 60 Important Supreme Court Decisions for Rhode Island Civ...
Florida Homeowner\'s Construction Recovery Fund - A Homeowner\'s Last Resort
Florida Homeowner\'s Construction Recovery Fund - A Homeowner\'s Last Resort
USE PARAGRAPH (1.1) TO ANSWER QUESTIONS 1 – 61.1 Big Time Toy.docx
USE PARAGRAPH (1.1) TO ANSWER QUESTIONS 1 – 61.1 Big Time Toy.docx
PHH - Consumer Financial Services Alert 22 June 2015 FINAL
PHH - Consumer Financial Services Alert 22 June 2015 FINAL
City Water International Inc. v. 816580 Ontario Inc.
City Water International Inc. v. 816580 Ontario Inc.
Student Project There is no extension of the due date for t.docx
Student Project There is no extension of the due date for t.docx
BackgroundIn Week 3, Donny Woods, Jamaica Johnson and Gerald S.docx
BackgroundIn Week 3, Donny Woods, Jamaica Johnson and Gerald S.docx
BOOK BUSINESS LAW TEXT&EXERCISES 8TH EDITIONChapter 153. .docx
BOOK BUSINESS LAW TEXT&EXERCISES 8TH EDITIONChapter 153. .docx
Show Me My Money (Reisenfeld & Company v. The Network Group Inc..docx
Show Me My Money (Reisenfeld & Company v. The Network Group Inc..docx
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Need help answering four discussion topics related to Information Technology. See attachment for the details.
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POST 1:
The National Labor Relations Act of 1935 established that employees have the right to join a union, collectively bargain through chosen representatives, go on strike, and also refrain from union activity (Seaquist, 2015). What this means is that employees now had the ability to negotiate wages that would allow them to cover their expenses. They could also negotiate working conditions and benefits. The NLRA also gave workers traction. They now had the ability to have leverage in negotiations. If terms could not be met, employees could strike to apply pressure to the organization to meet its terms or at least come back with a better offer. Previously all of this leverage only rested with employers. If you did not like your working conditions, or maybe started trying to get employees to join together, employers could get rid of you. By its nature, the NLRA protected people in these situations. Most of the things we enjoy as far as safety, competitive wages, and benefits can be drawn directly back to the NLRA.
POST 2:
Federal legislation was and has been a huge part of union and employer regulating. “Congress amended the Sherman Antitrust Act with the Clayton Antitrust Act of 1914, a federal statute that added language specifically excluding labor unions from being deemed a combination or conspiracy. Unions and labor leaders alike heralded the Clayton Act. Gompers declared it the “industrial Magna Carta upon which the working people will rear their construction of industrial freedom” (Seaquist, 2015). I do think that labor groups would have evolved, but it would have taken longer and they probably wouldn’t have had much of the protection that they had with big government coming in to help regulate how organizations had/have to treat employees. Establishing and maintaining strength the way they have over the years couldn’t have happened by themselves. “The National Labor Relations Act set up a framework of protection for labor unions, only to be tempered by Taft-Hartley, which outlawed closed shops, and Landrum-Griffin, which held unions more accountable. Public unions were recognized but then saw much of their power diminished when Reagan fired all of the striking air traffic controllers and replaced them. The many strikes in the private sector led to greater negative opinion among the American public about unions in general” (Seaquist, 2015).
PST 3:
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Coyne and Messina Articles, Part 2 Statistical Assessment
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1) Write a paper of 1,000-1,250 words regarding the statistical significance of outcomes as presented in Messina's, et al. article "The Relationship between Patient Satisfaction and Inpatient Admissions Across Teaching and Nonteaching Hospitals."
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Types of Statistics
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Need a 4 page APA format paper based on the case study below. Need by 2/3/16 @13:00 EST
Read the case study titled “GE Healthcare (A): Innovating for Emerging Markets” located in the XanEdu case pack (Below)
Write a four (4) page paper in which you:
1.
Determine two (2) emerging trends in the external environment that prompted General Electric (GE) Healthcare to develop a new strategy for the production and marketing of a low cost
Electroencephalography (
EEG) machine in bottom of the pyramid markets (BOP).
2.
Examine two (2) internal barriers GE Healthcare faced when developing its BOP market in India and determine the manner in which they hindered GE Healthcare’s growth in this market segment.
3.
Analyze two (2) of the significant external barriers that GE Healthcare faced when trying to meet its marketing goals in the Indian market. Propose two (2) ways to address these barriers.
4.
Analyze the specific steps GE took in developing its strategy to grow its BOP market. Determine the manner in which those actions apply to the principles of strategic thinking and strategic planning.
5.
Determine the manner in which GE Healthcare’s strategy to improve its position in BOP markets contributed to the organization’s value chain in both emerging and developed markets.
Your assignment must follow these formatting requirements:
·
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
·
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
GE Healthcare
As of 2010, GE Healthcare was a $17 billion division of the $180 billion giant General Electric, employing over 46,000 people worldwide. It was created in 2004 after GE Medical Systems was merged with British bioscience/medical imaging firm Amersham and several healthcare IT firms as a part of CEO Jeffrey Immelt’s increased emphasis on R&D.
2
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Describe the legal and ethical dilemma discussed in the case study. Analyze the key ways in which a patient’s right to die relates to this specific case.
2.
From your research, specify the potential repercussions for failure to comply with the wishes of a patient who has requested to withhold a life-sustaining procedure. Next, take a position on whether the patient’s right to die or the patient’s right to be protected from harm should take precedence in this case. Provide a rationale for your position.
3.
Imagine that you are a part of the ethics committee investigating this case. Determine the main facts pertaining to the issue that the committee should consider. Suggest one (1) step that the facility should take next in order to resolve the dilemma. Provide a rationale for your response.
4.
Use at least three (3) quality academic resources.
Note:
Wikipedia and other similar websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
·
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.
Case Study: A legal and Ethical Dilemma:
Background
Mary Evelyn Greene, who has memory impairment, lives in a private room at Shady Brook Skilled Nursing Facility located in a beautiful suburb of a major metropolitan city. She has resided at Shady Brook for the past 18 months. Before moving into Shady Brook, Mrs. Greene lived independently in her own home with assistance from a private-duty nursing assistant and a housekeeper. She and her husband had resided together in this home for more than 50 years. Mrs. Greene is 89 years old and suffers from several health problems associated with aging.
Mrs. Greene has one son, David Greene. David has the power of attorney to handle his mother’s health care and other personal affairs. David works as a trial attorney in one of the city’s largest and most prestigious law firms. He owns a large home in an upscale neighborhood and works hard to put two of his children through college and another one through medical school. His home is about an hour’s drive from his workplace and about 20 minutes from Shady Brook. David’s wife Barbara has ne.
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2-4 pages, double space, need some music vocaulary such as forte, tempo, timbre etc.
MLA format.
These are the basic requirement, for more information please see attachment.
If doing great job will find YOU next time a couple weeks later! Thanks again!
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without development.”
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Create and submit for evaluation on February 17
th
, a paper version of a double-spaced single-sided report comprising at least 5 pages of double spaced 12pt text. In addition, create an elegant flamboyant sixth page; the cover-page. Append a seventh page that presents a list citing the sources that were used to develop the report. Your report will chronicle the evolution over a couple of centuries and it will discuss a very broad range of industries. Append a list citing the sources that were used to develop the report.
Please consider the period from over 500 years ago to the current time. Include the names of companies, cities and numerous
diverse
industries, as you deem appropriate.
If no use is made of past ages, the world must remain always in the infancy of knowledge.
Marcus Tullius Cicero
(106 – 46BC)
.
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