Business Law
DIRECTIONS:
There are 10 essay questions. You may use your text, notes, class papers, and outside legal sources to assist you in your work.
Be sure to identify legal issues & theories, legal remedies, and cite how you would approach this business problem as a business consultant to address the legal question. The paper should be typed. Do your own work and draw on discussions we have had.
Use proper grammar, punctuation, and whole sentences. Remember this is a college level writing assignments.
Jacob just won the state lottery. Discuss his right to privacy and how the lottery business views the issue. Remember to include your business law legal theory in your answer.
• Billy has a dispute with Bump and Tumble Bedspring Company over a bed Billy recently purchased from Bump and Tumble for use in his hotel. Billy needs to decide whether to pursue litigation or employ an alternative dispute resolution mechanism. What are the types of ADR available to Billy? What advantages are associated most often with using alternative dispute resolution mechanisms? Which choice would be most appropriate in this case?
• Sharon works in an office with five other women. All six are supervised by Martin, a corporate vice president. Sharon sees that one of the women is being sexually harassed by Martin. Sharon is thinking about reporting the offensive conduct. First consider what legal theory sexual harassment falls under if filing suit. Then consider if Sharon would be a plaintiff or defendant in this scenario. Finally, what categories of ethical behavior might be impacted by this dilemma?
• Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15-minute monologue for his upcoming appearance on Comedy Hour and that Wessel would pay Gregory $250. All performers on Comedy Hour make $500 per appearance. As Gregory knows, the last time Wessel appeared on Comedy Hour he was asked to make special guest appearances at three local comedy clubs using the same monologue. He earned a total of $750 for the three performances. Shortly before Wessel was scheduled to appear on Comedy Hour, Gregory informed him that she was unable to provide the monologue. As a result, Wessel was forced to cancel his appearance. Wessel sued Gregory for breach of contract and requested damages of $1,250. What will result?
• Janet Durham agreed to purchase approximately $10,000 worth of computer hardware from Ted Snuff. The sale of the hardware also included a one-time setup service visit estimated at $100 in value. Durham is a professional computer consultant who evaluates and purchases computers for clients. Snuff is the owner of Compland, Inc. Snuff had offered to sell the hardware and provide the setup for $11,000. Durham felt that $11,000 was too much, but she stated that the contract was acceptable if the price were lowered to $10,000. Snuff did not object to the new price. The computer hardware was delivered and set up, and Durham paid $10,000. Snuff argues that an additional $1,000 still is owed on the account. If the payment of $1,000 is not immediately forthcoming, then Snuff threatens to declare the contract unenforceable because it was entirely an oral agreement. Discuss Snuff’s argument under contract theory, and whether this contract is governed by the UCC.
• Smarts and Then Some, Inc. developed a software program after several years of research and development. The particular software program was then test marketed. At this time a competitor filed suit claiming that the Smarts and Then Some program violated the competitor’s copyright on a program they too were test marketing. What is the legal test to determine whether a copyright has been violated? What are the elements to proving this legal test for copyright infringement?
• The American president has decided to fulfill a campaign promise and make sure every child in the United States and its territories has a computer with which to be educated. Discuss the type of enabling legislation needed by which branch of government, and then how the presidential powers may be used to enforce such a directive with what appropriate agency in this example as part of the president’s cabinet. Discuss separation of powers and the dynamics involved in such a situation. Finally, also consider what opportunities to businesses in providing computers to every student.
• Identify the three types of tort actions. What are the elements of negligence? How do torts affect businesses? Give examples from the Keuhn, Sloane & Atwell case to illustrate various parts of your answer.
• What are the elements of contract formation? Give examples from the Langdon case and your discussion boards to illustrate various parts of your answer.
• List the main types of business organizations in the USA. Give the pros and cons of each type of organization to a new entrepreneur, and what types of organization types have really grown in the past 20 years. Explain why there is growth in these specific types of business organization and why entrepreneurs have chosen these forms of business organization.
