devry busn420 full
course latest 2015 august [ all discussions all assignment and quiz 4,5 and 6
only and no final ]
Click Link Below To Buy:
http://hwcampus.com/shop/busn420-full-course/
Contact Us:
Hwcoursehelp@gmail.com
week 1
May I
Call You? (graded)
|
Congress also enacted the CAN SPAM Act, prohibiting certain kinds of spam e-mail nationwide. The CAN SPAM Act also states that, “This act supersedes any statute, regulation or rule of a state that expressly regulates the use of electronic mail to send commercial messages, except to the extent that the state rule prohibits deception in any portion of a commercial electronic mail message or information attached thereto.” Subsequently, California enacted a new anti-SPAM law that applies to spam e-mail either sent from a server in California or sent to a California e-mail address.
What constitutional law issues do these statutes raise, and who should prevail? How, specifically, should the courts resolve these constitutional issues according to the current state of the law? What substantial government interest is Congress attempting to protect with the National DNC List? Where is that found in U.S. Constitution? What other strategies could the government employ to reach the same result?
diss 2
A
Sobering Lawsuit (graded)
|
The company offered a free taxi ride home to any employee who had a bit too much to drink, but Larry and Linda declined the free cab ride, and attempted to drive home in their own car. En route, Larry, who was driving, struck another vehicle, injuring Veronica, the driver of that car. Larry has limited assets, and his insurance had just expired, as well as his driver's license. Veronica wants to sue Fun Products, Inc. and the Milton Hotel chain for her injuries, which include medical bills, lost wages, property repair costs (her car), and pain and suffering. She also wants to obtain a court order prohibiting Fun Products, Inc. from ever serving alcohol at a company function again.
Without trying to decide who will win if Veronica sues Fun Products, Inc. and the Milton Hotel chain, analyze the following. Who are the parties to this lawsuit, and what are they called (trial level and appeal level)? What types of law will Veronica's lawsuit involve? What type of remedies is she seeking, and are these remedies (or some of them) appropriate to this type of case? What legal sources will the court consider in deciding if Fun Products, Inc. and the Milton Hotel chain (or either of them) are liable for Veronica's injuries? What types of liability does Larry face as a result of this scenario? What burden of proof will apply? What issues in this dispute would a jury decide (if the case went to trial), and what issues would a judge decide? What if the person(s) with liability here doesn't have the money to pay Veronica's damages?
WEEK 2
Wendy
Wanderer (graded)
|
Derek Dirt operates a home-based
business selling herbs and supplements. He frequently receives new samples and
is constantly discarding unwanted samples, as well as packaging, old files, and
other junk on a back yard trash heap that accumulates between trash pick-ups.
Little Wendy Wanderer, age five, who lives next door, sees what, to her,
promises to be a nice toy among Derek's trash. Upon coming closer to the trash
heap, Wendy is bitten by a rat. She screams and then faints. Her nearby mother
calls an ambulance, which, on the way to the scene, jumps a curb and strikes
Paul Pedestrian, seriously injuring him. Wendy requires a series of rabies
shots. Except for some bad dreams, Wendy apparently recovers. Derek and Wendy
are both citizens and residents of Ohio. Paul, who is a citizen and resident of
Texas, was visiting friends in Ohio when the ambulance struck him.
- Does Wendy have
a solid basis for suing Derek for her injuries?
- Who might be
liable to Paul Pedestrian?
- What types of
damages could Wendy recover?
- If Wendy sues
Derek, in what state(s) could she sue, and in what court (federal or
state) could she properly file the suit?
- If Paul sues
Derek, in what state(s) could he sue, and in what court (federal or state)
could he properly file the suit?
diss 2
Bad
Bar-B-Q (graded)
|
Two years ago, in reliance on an audit of the company's books prepared by Hambones, Inc.'s accounting firm, Able & Henderson, First State Bank made a loan to Hambones, Inc. It now appears that the audit failed to disclose financial improprieties in Hambones, Inc.'s maintenance of its books: Certain liabilities were being carried off the books, causing Hambones, Inc.'s bottom line to appear more favorable than it really was. The decision to carry the liabilities off the books was made by Jake and Jo Bob, but there is now an argument as to whether a more careful audit would have uncovered the liabilities. Jake told the accounting firm that the audit was being done at the bank's request in order for the loan to be approved, and that it was really important that the company receive a clean bill of health from the audit. Able & Henderson didn't want to lose Hambones, Inc. as a client.
Sauce Supply also knew that Hambones, Inc. had been audited and heard from Jake and Jo Bob that the auditors were very satisfied with Hambones, Inc.’s financial position. Jake gave Sauce Supply's president, Sandy Saucy, a copy of the audit report. Able & Henderson had no knowledge of these statements, or that Sauce Supply had received a copy of the audit report.
- What standard
of care applies to Able & Henderson's accounting work for Hambones,
Inc.?
- Does Able &
Henderson face any negligence liability to First State Bank or Sauce
Supply in a state that has adopted the Ultramares rule?
- In a state that
has adopted the Restatement rule?
- In a state that
has adopted the Reasonably Foreseeable User rule?
week 3
Fine
Dining (graded)
|
- What type of
contract (obligation) do you have, if any?
- What factors
and contractual elements will you consider in assessing whether a contract
was formed?
- What if,
instead, you read the menu and place an order, but say nothing about
agreement to pay. Is there a contract?
- If you ordered
dinner but didn't see the fine print, what is the effect?
- Does this
change in the facts alter your conclusion regarding the scenario above?
Why or why not?
- What key
factors and elements are at play?
This section lists options that can
be used to view responses.
diss 2
diss 2
Distant
Deal Making (graded)
|
Maria's letter was mailed on Monday. When she didn't hear from Koji by Wednesday, she sent an e-mail on Wednesday afternoon with the same message, and asked whether he received her letter. Koji received Maria's letter on Wednesday, but did not receive the e-mail until Friday afternoon, due to server problems. In the meantime, Koji sent a fax late on Friday stating, "Are you sure you still want to buy my car for $20,000? I accept your offer."
On Saturday, after some research, Maria decided the Ford SUV was not worth what she thought. To make certain Koji would know this fact, she sent Koji a letter via Federal Express stating, "Your SUV is not really worth $20,000." On Monday morning, Koji received the Federal Express letter from Maria. Also on Monday morning, an hour later, Maria received Koji's fax at work.
- Has a contract
been formed here? Why or why not?
- Identify and
explain the stages of contract formation as they occurred in this scenario
and analyze them in this context from a contract formation standpoint.
week 4
Dream
House (graded)
|
- In a contract
dated June 15, 2006, Bobby agrees to build your dream house on a lot you
own near Naples, Florida. The contract price is $500,000. The house is to
be completed and ready for occupancy by March 1, 2007. Bobby is paid a
progress payment of $100,000, for labor and materials, in October, 2006.
In November, 2006, a hurricane strikes the Naples area and floods the work
site. Bobby claims he had completed 50% of the job before the hurricane
struck. Thereafter, Bobby performs no further work and walks off the job.
- On January 1,
2007, you declare Bobby to be in breach of contract and sign a contract
with Sheila to complete the job for $350,000.
- Was your
contract with Bobby a unilateral or bilateral contract; if unilateral, at
what time did Bobby substantially undertake performance?
- What remedies
and/or damages are available to you and to Bobby?
- Since Sheila’s
cost to complete the house is more than half the cost, who sees a loss
from the hurricane?
diss 2\
Nightmare
House (graded)
|
- After months of
combing the real estate ads for a vacation property, you find an ad for a
lovely Victorian cottage in a scenic small town about three hours away.
After viewing the house, you decide it is the perfect weekend place; and
amazingly, the price is in your budget. In fact, you're amazed that the
house is so affordable and has been on the market for a while. You sign a
real estate purchase contract to buy the house from the current owners,
who have lived there for over 20 years. You make the sale contingent upon an
inspection of the property by a licensed construction engineer. The
engineer inspects the house over the course of two days and gives the
house a clean bill of health. You proceed to closing, and buy the house.
- After moving
in, you learn for the first time from the neighbors that many actively
claim this house is possessed by poltergeists, which the prior residents
of the house had reportedly seen. In fact, the house is listed in a
national guide to haunted houses, and had previously been included in a walking
tour of the town as the haunted house. A newspaper article once described
it as a charming Victorian (with ghost). You now jump at every creak and
noise the house makes. You want the seller of the house to take it back
for failing to inform you that the house is haunted.
- Do you have a
good basis for rescinding the sale?
- What duties
will you claim were owed to you by the seller?
- What
responsibilities did you have as a buyer that may affect your ability to
recover?
- What damages
can you claim stem from the alleged failure to disclose by the seller?
week 5
Battle
of the Forms (graded)
|
The order form also stated that payment would be made as follows: 50% upon receipt of the goods, and 50% within 30 days of the receipt of goods. AB Can (the seller) sent a signed letter confirming the order, but the letter stated: "Any objection to goods shipped must be in writing within five (5) days of receipt of goods." AB Can's letter specified the same payment schedule as Fast Color's purchase order, but stated, in addition, "Interest at the rate of 12% per year will be charged on late payments." Fast Color's purchase order said nothing about interest on late payments.
AB Can delivered the cans (100,000) and Fast Color sought to object to 10,000 of the cans as defective on the seventh day after receipt of the cans. Fast Color paid 50% of the order’s purchase price upon delivery but paid the balance (minus the 10,000 cans it rejected) 40 days after delivery.
- Did Fast Color
have the right to reject 10,000 cans, seven days after delivery?
- Does Fast Color
owe interest on the portion of its payment that was not paid within 30
days of receipt of the paint order?
- Did the
provision for interest on late payments materially alter the contract?
- What terms in
AB Can’s purchase confirmation are additional terms, not mentioned at all
in Fast Color’s order? (Explain your rationale, and also state whether you
believe the outcome is fair.)
\
diss 2
diss 2
Want
to Lose Weight? (graded)
|
- What is the
basis of the FTC's power to regulate ads for diet products? What standards
has the FTC established to determine if a diet product claim is unfair and
deceptive?
- If the company
tries to challenge the FTC's ruling by appealing to a court, what test
will the appellate court use to determine if the FTC's ruling was
justified? How do you think the court should decide this case?
- If the company
wants to comply with the FTC’s regulations on diet product claims, what
language would it need to change in the ads mentioned above?
week 6
TraderRon.com
(graded)
|
TraderRon's website and advertising use a black and grey symbol to represent its swapping service. It has used this symbol consistently and registered it with the U.S. Patent and Trademark Office. The symbol is very similar to the Nike swoosh symbol, except it fades from black to grey from left to right. TraderRon.com uses a multimedia presentation to explain its operation to users. The multimedia presentation was created by a friend of Dana's as his senior portfolio project at school, where he was majoring in website design and multimedia. Dana paid him with a free trip to the Caribbean, which she had won in a contest. No copyright was registered in connection with the multimedia presentation.
TraderRon.com sends a weekly e-mail update to customers who have registered on the site. The e-mail is sent via an e-mail address Ronnie established at Yahoo.com. TraderRon.com's customers are located throughout the U.S. and some are overseas.
- What
intellectual property and Internet law issues are raised by
TraderRon.com's business model?
- What sort of
liability is the business risking?
- What legal
implications could arise from using the Yahoo.com e-mail account for
swap.com’s mass e-mailings?
diss 2
Modern
Problems (graded)
|
Joel also wanted revenge against a former NetworkBank employee, Gwen, who he believed to be responsible for his firing. She left the bank and was working elsewhere. Using Internet search engines, he found postings that Gwen had made to chat rooms on various Internet sites. Using this information, Joel contacted PrivateI.com, an Internet based information and investigation service. He paid the fee required for an investigation on Gwen, and obtained her home and work addresses and telephone numbers. PrivateI.com did not inquire why Joel wanted the information about Gwen. Joel followed Gwen as she exited her workplace one night and attacked her, injuring her severely. Joel is now under arrest.
- What remedies
do Elle and Pet Products, Inc. have against NetworkBank for the
unauthorized fund transfers? What law applies?
- What is the
extent of liability for the consumers in this scenario? May Gwen hold
PrivateI.com liable for her injuries? Why or why not?
- What
preventative actions should the businesses mentioned in this scenario have
undertaken to prevent what occurred here?
week 7
Rocking
the Boat (graded)
|
·
Initial
Text:Duchess Cruise Lines, Inc. dry-docked a ship, intending to have
maintenance done. Melinda, the ship's supply manager, decided to purchase some
needed supplies from Marine Equipment Services, Inc., on the ship's behalf
while it was in dry-dock. She charged the supplies to her personal credit card.
The supplies were delivered and used, but the cruise line refused to reimburse
Melinda for the cost of the supplies because she hadn't obtained the required
approvals before making the purchase. Melinda takes the position that doing so
would have delayed the purchase of the materials, because the person who normally
grants approvals was on leave for several weeks. The cruise line takes the
position that someone else would have handled the matter promptly if Melinda
had simply followed company procedure. Melinda is threatening to sue to obtain
reimbursement.
·
Meanwhile,
Steve, a member of the ship's maintenance crew, on shore leave for a day, came
back to the ship late, after drinking to excess. Before retiring for the night,
Steve turned several wheels on the dry-dock's wall, which resulted in a
flooding of the tanks on one side of the dry-dock. The ship listed, slid off
the blocks holding it up, then crashed against the dry-dock wall, ruining much
of the dry-dock. The dry-dock owner is suing Duchess Cruise Lines, Inc., for
reimbursement of the damages to the dry-dock.
·
Paul
was hired by Duchess Cruise Lines, Inc. as an independent project manager to
coordinate the dry-dock maintenance project. He was not an employee of Duchess
Cruise Lines, Inc. and was not authorized to make any purchases or enter into
any contracts on the cruise line's behalf. All of his proposals were to be
submitted to a management team for approval. After Steve caused the ship to
slide off the blocks and crash into the dry-dock wall, Paul met on the site
with a crane company owner, Al, telling Al that he was Duchess' project manager
and requesting a bid from Al's company to move the ship to a new dry-dock
facility for repair. At the time, Paul was wearing a Duchess Cruise Lines, Inc.
jacket and directing various employees on the dock. Al provided a bid, Paul
accepted it, and Paul signed a services contract with Al's company, signing his
name followed by the words, "Project Manager, Duchess Cruise Lines,
Inc." Duchess Cruise Lines, Inc. did not approve the hiring of Al's
company and refuses to pay Al's company on the contract. Paul claims he has no
personal liability because he was acting on Duchess' behalf in an emergency.
- What agency
law issues does this scenario raise?
- How should the
courts decide these disputes? Why?
- How could all
of this have been handled to prevent some of these issues?
diss 2
A
Sweet Business Idea (graded)
|
Initial
Text:Dan and Carla met as employees at a candy company and later married. Carla
went on to study accounting and Dan earned a business degree. After working for
various businesses and raising $10,000 to open their own business one day, Dan
and Carla have settled on opening a business that makes custom centerpieces
that look like floral arrangements but are made entirely of chocolates,
marzipan, and other candy. They want to call their business "Edible
Expressions," and they have prepared a business plan. They are now faced
with the decision of what form of business organization makes the most sense: a
sole proprietorship, a partnership of some sort, or incorporating in some form.
Dan
and Carla both plan to do design work in the business, while hiring
confectionery employees to prepare and assemble the company's products. Carla
will keep the books, and Dan will do the hiring. Carla and Dan are considering
whether it makes more sense for them to co-own the business, or if one should
be the owner and the other an employee. They anticipate hiring just one other
employee in the beginning, and grow as demand requires. Carla's brother and
sister-in-law also want to invest in the business, but do not want to be
involved in its operations. Dan and Carla also want to give their daughter,
Alissa, age 12, some ownership in the business at some point.
Dan
and Carla want to establish their business with a minimum of paperwork and
expense, but they also want to avoid high taxation of their business profits.
They want to run the business jointly, without the need for a Board of
Directors or other advisory group, though they don't mind the idea of having an
annual event to honor family members who have invested in their business.
Consider
the types of business organizations in this week's reading (sole
proprietorship, general partnership, limited partnership, LLP, and corporation,
LLC).
- What are the
pros and cons of each as they apply to Dan and Carla's business goals?
- If Dan and
Carla were operating in your state, what form of business organization
appears most desirable? Why?
assignment
1
- Case 4.2:
Supremacy Clause on page 79
- Case 4.7: Equal
Protection Clause on page 80
For full credit, you need to use the material from this week's lectures, text, and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment.
For each question, you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus). Each answer should be double-spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length.
Submit this assignment as a single Word document covering both cases.
Note: Please be sure you refer to the numbers that appear on the printed pages in your electronic readings, not the numbers that appear with the navigation icons. Be sure to submit your work to the Week 1: Assignment Dropbox.
2
Assignment
Prepare
answers to the following chapter-end Critical Legal Thinking Cases from this
week's reading.· Case 5.2: Negligence on page 101
· Case 6.1: Strict Liability on page 117
Your responses should be well-rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice.
For full credit, you need to use the material from the week's lectures, text, and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment.
For each question, you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus). Each answer should be double-spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length.
Submit this assignment as a single Word document covering both cases.
5.2 Negligence Curtis R. Wilhelm owned beehives and kept the hives on property he owned. John Black, who operated a honeybee business, contracted to purchase some beehives from Wilhelm. Black employed Santos Flores, Sr. to help him pick up the beehives from
101
102
Wilhelm. Black provided Flores with a protective suit to wear while picking up the beehives. Neither Wilhelm nor Black informed Flores of the danger of working with bees. After picking up beehives from Wilhelm’s home, Black and Flores drove to remote property owned by Wilhelm to pick up other beehives. Flores opened the veil on his protective suit. After loading one beehive onto the truck, Flores started staggering and yelling for help. Flores sustained several bee stings, suffered anaphylactic shock reaction, and died before an ambulance could reach him. Flores’s wife and children sued Wilhelm and Black for negligence for failing to warn Flores of the dangers of working with beehives and the possibility of dying of anaphylactic shock if stung by a bee. Did Wilhelm act negligently by failing to warn Flores of the dangers of working with beehives? Wilhelm v. Flores, 133 S.W.3d 726, Web 2003 Tex. App. Lexis 9335 (Court of Appeals of Texas)
6.1 Strict Liability Senco Products, Inc. (Senco), manufactures and markets a variety of pneumatic nail guns, including the SN325 nail gun, which discharges 3.25-inch nails. The SN325 uses special nails designed and sold by Senco. The SN325 will discharge a nail only if two trigger mechanisms are activated; that is, the user must both squeeze the nail gun’s finger trigger and press the nail gun’s muzzle against a surface, activating the bottom trigger, or safety. The SN325 can fire up to nine nails per second if the trigger is continuously depressed and the gun is bounced along the work surface, constantly reactivating the muzzle safety/trigger.
The evidence disclosed that the SN325 double-fired once in every 15 firings. Senco rushed the SN325’s production in order to maintain its position in the market, modifying an existing nail gun model so that the SN325 could shoot longer nails, without engaging in additional testing to determine whether the use of longer nails in that model would increase the prevalence of double-fire.
John Lakin was using a Senco SN325 nail gun to help build a new home. When attempting to nail two-by-fours under the eaves of his garage, Lakin stood on tiptoe and raised a two-by-four over his head. As he held the board in position with his left hand and the nail gun in his right hand, he pressed the nose of the SN325 up against the board, depressed the safety, and pulled the finger trigger to fire the nail into the board. The gun fired the first nail and then double-fired, immediately discharging an unintended second nail that struck the first nail. The gun recoiled violently backward toward Lakin and, with Lakin’s finger still on the trigger, came into contact with his cheek. That contact activated the safety/trigger, causing the nail gun to fire a third nail. This third nail went through Lakin’s cheekbone and into his brain.
The nail penetrated the frontal lobe of the right hemisphere of Lakin’s brain, blocked a major artery, and caused extensive tissue damage. Lakin was unconscious for several days and ultimately underwent multiple surgeries. He suffers permanent brain damage and is unable to perceive information from the left hemisphere of the brain. He also suffers partial paralysis of the left side of his body. Lakin has undergone a radical personality change and is prone to violent outbursts. He is unable to obtain employment. Lakin’s previously warm and loving relationship with his wife and four children has been permanently altered. He can no longer live with his family and instead resides in a supervised group home for brain-injured persons. Lakin and his wife sued Senco for strict liability based on design defect. Is Senco liable to Lakin for strict liability based on a design defect in the SN325 that allowed it to double-fire? Lakin v. Senco Products, Inc., 144 Ore.App. 52, 925 P.2d 107,Web 1996 Ore. App. Lexis 1466 (Court of Appeals of Oregon)
6.2 Design Defect Lorenzo Peterson was swimming in a swimming pool with a friend at an apartment complex. Lorenzo watched his friend swim to the bottom of the pool, slide an unattached drain cover away, and then slide it back. Lorenzo thought his friend had hidden something inside the drain, so he swam to the bottom of the pool. Lorenzo slid the drain cover aside and stuck his arm inside the drain. The 300 to 400 pounds of pull of the drain pump held Lorenzo trapped underwater. At least seven people tried to free Lorenzo to no avail. When the police arrived, they broke down the door to the pool equipment room and turned off the drain pump.
Top of Form
3
Assignment
Prepare
answers to the following chapter-end Critical Legal Thinking Cases from this
week's reading.- Case 9.2:
Bilateral or Unilateral Contract on page 179
- Case 10.2:
Agreement on page 194
For full credit, you need to use the material from the week's lectures, text, and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment.
For each question you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus). Each answer should be double-spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length.
Submit this assignment as a single Word document covering both cases.
Note: Please be sure you refer to the numbers that appear on the printed pages in your electronic readings, not the numbers that appear with the navigation icons. Be sure to submit your work to the Week 3: Assignment Dropbox.
No comments:
Post a Comment