Could you please answer these three questions? First question : Under the UCC merchants are held to a higher standard than nonmerchants. Why does the Code do this? Is it fair to require a higher standard of merchants than of nonmerchants? Should additional protections be given to nonmerchants under the Code? Second q
Read the Battoni v. IBEW Local Union No. 102 Employee Pension Plan case and answer the following: 1. What were the legal issues in this case? What did the court decide? 2. Since the anti-cutback provisions of ERISA apply only to pensions and not welfare plans, what did changing the conditions under which retiree health care be
Read the following cases: IBP v. Alvarez (http://caselaw.findlaw.com/us-9th-circuit/1335503.html) and Tum v. Barbar Foods (http://caselaw.findlaw.com/us-1st-circuit/1158592.html). These cases were litigated all the way to the Supreme Court. What, if any, practical impact might these ruling have on businesses? Why do you think th
Suppose that you are an employer with 110 employees and a group health plan. How would the Patient Protection and Affordable Care Act affect your company? Is it worth your while to avoid making changes that affect the grandfathering status of your plan?
I have never written a memo before. If I can just get help getting it started. Thank you so much. Assume that the higher on the chart the case is the more expensive it is for all parties. Write a memo on a state (not federal) level business dispute. Describe as if you were writing a "white paper" for your boss who wants to k
1- Describe and analyze employment a labor law influences as the (fictional) Construction Company grows domestically and internationally. Used for information as we develop the company. 2- Describe and analyze essential economic and legal factors for the company's horizontal construction.
Health care professionals practice in an environment that is complex, with many regulations, laws, and standards of practice. Performing an abortion is legal but may not be considered ethical by other health care professionals or members of the public at large. Other ethical dilemmas arise at the end of life, when a decision mus
During the class - we have discussed a number of contractual remedies for contracts - including (in very limited cases) the remedy of Specific Performance. However - this begs the questions, if the law is promote "enforceable promises" in the form of a contract, why not make specific performance the primary remedy? Do you thi
By researching the results of SOX compliance surveys, assess the financial impact that SOX might have on your company if it decides to go public. Considering the impact of SOX compliance, take a position as to whether your company can overcome the challenges posed by SOX compliance if the decision is to go public. Based on your
Please leave a comment on these two paragraphs below : I believe the main reason you cannot make specific performance the main remedy is because the law cannot force someone to perform for another. This borders on and resembles involuntary servitude and can be seen as infringing on someone's personal liberties. We all have
Should an employer be allowed to terminate an employee for working during her lunch break even though the employer mandated that she take a lunch break? If yes, do you think the employer had just cause to terminate her? Google the story on Sharon Smiley and Equity Lifestyle Properties in Chicago, IL to find a plethora of informa
Calvin was working as a mechanic to repair some processing equipment at the United Megaworks Company. He fell off a ladder, broke his arm and was knocked unconscious. Following medical treatment, he returned to the company which transferred him to an inspector position due to his broken arm. Does United need to make a report to
When a company decides to go public, it can typically obtain capital by issuing stocks or bonds. Suggest four (4) leading financial ratios that will be evaluated and how each will impact the company's decision to obtain expansion funds. Determine whether the results of the ratios would alter the decision to go public.
Hines stored her furniture, including a grand piano,in Arnett's warehouse. Needing more space, Arnett stored Hines's piano in Butler's warehouse next door. As a result of a fire, which occurred without any fault of Arnett or Butler, both warehouses and their contents were destroyed. Is Arnett liable to Hines for the value of
1. Outline three (3) ways in which your medium-sized private company may benefit from going public, providing a rationale for each. 2. Create an argument that the same goals may be achieved if the company remains a privately held entity. Provide support for your argument.
I decided to create a business. I'm in need of some advice on how to start forming my business. I have a well-developed plan but I am not sure exactly how it will be financed and whether or not I want to take on partners. I am interested and willing to learn the intricacies of my options to determine how to best proceed with my
Bob agrees to buy 100 widgets from Sam. The contract provides that payment and pick up of the widgets shall be Tuesday. After repeated phone calls, Bob still has not picked up or paid for the widgets on Friday. The widgets are in a box with Bob's name on it. Sam has no insurance. His front office (with Bob's package burns t
I. Both Australia and Singapore are common law countries. Singatron and Semicontronics conclude their first round of negotiations with a Letter of Intent (LOI). If the deal falls through, will either party be bound to their commitments as detailed in the LOI? What can the parties do to limit the obligations to the terms of the L
A devoutly religious office coordinator used the phrase "Have a Blessed Day" in many of her workplace communications (conversations, e-mails, and phone calls) with co-workers, managers, and customers/vendors. Employees at one of her company's largest customers, Microsoft, objected to the practice. The company modified its policy
Compare and contrast the difference between FMLA interference and FMLA retaliation. Additionally, articulate the requirements for an employee to be covered under FMLA. Lastly, if an employer desires to provide FMLA protection for employees, but the employer does not have the requisite number of employees to qualify under the sta
Tammie contracted with Kristine to manufacture, sell, and deliver to Kristine and put in running order a certain machine. After Tammie set up the machine and put it in running order, Kristine found it unsatisfactory and notified Tammie tht she rejected the machine. She continued to use it for three months but continually compl
Malea sold a machine for $140,000. The machine originally cost $90,000 and $10,000 of MACRS depreciation had been allowable. The buyer assumed a lien of $40,000, paid $20,000 cash down and agreed to pay $10,000 per year for eight years plus interest. Selling expenses are $10,000. The contract price is: A. $40,000. B. $80,000
Demonstrate your understanding of the following terms by using them correctly in a paragraph you create. Creativity is encouraged, but not required; a realistic scenario would be best. Do not simply provide a definition for the terms. Terms: narrowly tailored, consent decree, reverse discrimination, strict scrutiny, reasonable b
Review the scenario presented as it relates to the case of Hoyle v. Freightliner. Were the actions of the co-workers towards the female employee sufficient to meet the severe and pervasive threshold? Also, was the job reassignment to janitorial work indicative of discrimination or retaliation towards her? In providing your opini
The issue of diversity is a major topic for government suppliers that have to supply census data about their workforce relative to the race of candidates that they hire for opportunities. While it is not quite as visible for private employers and those that do not perform government contractual services, it is still a hot topic.
a. Describe elements of culture that might affect how you would negotiate a contract with a business person from both countries and from your own country. Describe the following three countries: Australia, Libya, Canada b. Explain how misunderstanding or ignoring this element of culture might adversely affect contract negotiati
Look at Leonel v American Airlines, 400 F, 3d 702 (9TH Cir. 2005). Read the story of the flight attendants whose conditional job offer was rescinded for failure to disclose HIV-positive status on the medical questionnaire. What do you think the court should decide and why? Look up the case on the Internet. What did the court de
A truck driver was subjected to a random drug test and tested positive for marijuana use. After a confirmatory test verified the initial result, the driver was terminated. He denied having ever used marijuana. The driver passed a hair follicle test performed by an independent laboratory 84 days after the employer's urine test. T
An employee is upset because a co-worker has been spreading rumors about her. She is threatening to file a lawsuit. If she does, what type of allegation would she be making, and what are the elements of the claim that she will need to prove in order to be successful in her lawsuit?
A 350 pound man interviewed for a job as a sales counselor for a weight loss center. He was told by the interviewer that he was the "most qualified" applicant, but the regional manager had concerns about his weight. He was later informed that he would not be hired now because the company is "image conscious" and his weight would