The following paper is a research paper that requires that you research the case of JOYCE MCKIVER V. MURPHY-BROWN, LLC. I went ahead and provided some sources already so you only need together a couple of sources yourself. I also will provide the details as to what professors expect for the paper. I will also provide the beginning thesis of my argument as an attachment pls take all details into consideration I truly appreciate it!
Learning Goal: I’m working on a business law discussion question and need an explanation and answer to help me learn.BUS-225: Legal Environment of BusinessI will provide the book link. Getting StartedTo establish a cause of action for negligence, a plaintiff must first prove that the defendant owed a legal duty of care to the plaintiff. Next, the plaintiff must show that the defendant breached that duty of care and that the breach was the actual and proximate cause of the harm suffered by the plaintiff. Finally, the plaintiff must prove they suffered recognizable damages for which the court can provide recovery.Upon successful completion of the course material, you will be able to:Explain the elements of negligence.
ResourcesTextbook: Business Law and the Legal Environment
Radio broadcast: It’s a Duel: Do Violent Video Games Affect Kids?
Webpage: JAMES v. MEOW MEDIA INC
Background InformationConsider the following scenario:Best Herbals, Inc.Best Herbals, Inc., sells natural remedy medicines. Although the company is aware that its diet pills pose a risk of heart damage, the company decides not to update its product label warning because it is too costly and may damage sales. As a result of Best Herbal’s business decision, one of its consumers, Tonya, suffers a heart attack after ingesting the diet pills. Tonya eventually recovers from the heart attack, but her hospitalization causes her to miss two weeks of work.In this scenario, Best Herbals, Inc., owes a duty to warn consumers of possible side effects associated with its products. The company breached its duty by failing to warn its customers of possible side effects. It is foreseeable that a customer would be injured by the lack of a warning. The harm Tonya suffered was a direct result of the company’s breach. Best Herbals, Inc., must compensate Tonya for her injury (heart attack) and damages incurred (hospital bill and lost wages).As this lesson’s media on video game violence illustrates, actual causation is one of the most difficult negligence elements to prove. The plaintiff must show that the defendant’s act or omission was the cause in fact of the harm suffered by the plaintiff. That is, the plaintiff must establish that “but for” the defendant’s action or inaction, the plaintiff would not have been harmed. In the case of video games, causation is difficult to prove because of conflicting research about the impact video games have on kids.InstructionsReview the rubric to make sure you understand the criteria for earning your grade.
In your textbook Business Law and the Legal Environment, read section 7.1 “Purpose of Tort Laws” and section 7.3 “Negligence” from Chapter 7, “Introduction to Tort Law”.
Listen to the National Public Radio presentation “It’s a Duel: Do Violent Video Games Affect Kids?” You can also read the transcript on the web page.Make note of at least two opposing viewpoints about how violent video games affect kids.
Navigate to the threaded discussion, and respond to the following:Explain the elements of negligence and why the plaintiffs felt the defendants were negligent.
Why did the appeals court rule in favor of the defendants in this case?
In your opinion, do you believe the defendants owed a duty of care to the plaintiffs? Explain your viewpoint.
Your initial post is due by the end of the fourth day of the workshop.
Read and respond to at least two of your classmates’ postings, as well as all follow-up instructor questions directed to you, by the end of the workshop.
Your postings also should:Be well developed by providing clear answers with evidence of critical thinking.
Add greater depth to the discussion by introducing new ide
Learning Goal: I’m working on a business law project and need an explanation and answer to help me learn.You are a consultant hired by a company to evaluate its strategic competitive position in the industry. Choose a company from the following Web site:The Transformation 20: The Top Global Companies Leading Strategic Transformations
You will evaluate the company’s strategic competitive position by using Porter’s Five Forces model. Porter’s Five Forces model is an external model used to evaluate the competition in an industry and includes the following:Threat of new entrants
Bargaining power of suppliers
Bargaining power of buyers
Threat of substitute products or services
Existing industry rivalry
Apply the Porter’s Five Forces model to research on the company you chose and answer the following questions:Which of Porter’s Five Forces should be the highest priority and why?
Which of Porter’s Five Forces should be a lower priority and why?
What can the company do to maintain or improve its strategic competitive position?
Use the Strategy Template to complete the assignment.
Learning Goal: I’m working on a business law multi-part question and need an explanation and answer to help me learn.BUS-225: Legal Environment of BusinessI will provide the book link. Getting StartedThis assignment will check your understanding of the terminology, basic concepts, and application of principles related to this workshop.Upon successful completion of the course material, you will be able to:Explain the elements of negligence.
List intentional torts against people and business-related torts.
Define the doctrine of strict liability.
Examine elements of crimes and cybercrimes.
Identify criminal procedures.
ResourcesTextbook: Business Law and the Legal Environment
Textbook: Criminal Law
Webpage: The Exclusionary Rule in US Criminal Trials
Webpage: Strict Liability
Background InformationYou will complete five short-answer questions on the readings in this workshop.InstructionsReview the rubric to make sure you understand the criteria for earning your grade.
In the textbook Business Law and the Legal Environment, read section 7.1 “Purpose of Tort Law,” section 7.3 “Negligence,” and section 7.4 “Strict Liability” from Chapter 7, “Introduction to Tort law”.
In the textbook Criminal Law, read section 4.1 “Criminal Elements” from Chapter 4, “The Elements of a Crime”.
Read “The Exclusionary Rule in US Criminal Trials.”
Answer the following questions in 50 to 100 words each.What are the elements of negligence? When and how can a plaintiff claim damages if the defendant has breached a duty of care?
If a plaintiff is partially liable for his or her own injuries, what impact would the doctrines of contributory negligence and comparative negligence have on his or her case?
Explain the doctrine of strict liability with examples.
What are the two elements required to be convicted of an intent crime?
What is the exclusionary rule, and how does it discourage unreasonable search and seizure?
Follow APA formatting, including use of 12-point Times New Roman font. Correct use of citations and references is required.
Refer to the APA Style Guide for questions.
When you have completed your assignment, save a copy for yourself and submit a copy to your instructor by the end of the workshop.
Access the associated rubricAccess the Assignment submission page
Learning Goal: I’m working on a business law discussion question and need an explanation and answer to help me learn. Pre-Award PhasePlease respond to each discussion question below and reference material from this week’s reading, videos, in addition to any personal experience you might have.Foremost in federal contracting it is important to have an organizational structure that will allow the organization’s purchasing/acquisition department to function effectively and efficiently. What factors affect the significance and/or development of the pre-award phase in acquisitions?
How has the advent of the World Wide Web influenced the growth of contracting?
Discuss one topic or issue from this week’s material that may benefit you personally or professionally.
InstructionsInitial PostWrite 250 words.
Be thoughtful and substantive.
Respond to discussion prompt and demonstrate higher-order thinking (apply, analyze, synthesize, evaluate, examine, pose, or connect to course concepts).
Use proper spelling,
The following paper should be a summary paper that covers the PowerPoint I will be providing on the topic of Ag Waiver. The requirements are to focus on the key points and concepts of the PowerPoint. I will provide the PowerPoint along with the professor’s instructions.
A Kenyan proverb states, “When elephants fight, it is the grass that suffers.” How is U.S. labor law premised on this belief? (Think of corporations and unions as the elephants.) Describe specific provisions in the U.S. labor law that is intended to address this concern.
Learning Goal: I’m working on a business law discussion question and need an explanation and answer to help me learn. Cohn advertised a 30-foot sailboat for sale in The New York Times. Fisher saw the ad, inspected the sailboard, and offered Cohn $4,650 for the boat. Can accepted the offer. Fisher gave Cohn a check for $2,535 as a deposit on the boat. He wrote on the check, “Deposit on aux sloop, D’arc Wind, full amount $4,650.” Fisher later refused to go through with the purchase and stopped payment on the deposit check. Cohn then sued Fisher for breach of contract. He asked for damages of $1,679.50. This represented the $1,650 differences between the contract price and the sale price plus $29.50 in incidental expenses in reselling the boat.(a) What is this measure of damages called? Describe this measure of damages fully.(b) Is Cohn entitled to this measure of damages? Please respond fully (no less than 4 sentences)
Did Jim and Laura Buy a Car?<br /><br />SCENARIO: Jim and Laura Buyer visit the local car dealership because they are interested in buying a new car. The car they currently have is aging and is starting to have mechanical problems. Jim and Laura would share the new car, and use it to go back and forth to work and school. Before going to the dealership, Jim and Laura decide that they can only afford $400.00 a month in car payments. <br /><br />Once at the car dealership, Jim and Laura meet Stan Salesman. Stan shows them several vehicles and Jim and Laura test-drive several of the cars. Jim and Laura particularly like the blue 4-door sedan. Therefore, they agree to give Stan Salesman a $100.00 deposit to hold the car for a day. Stan Salesman does not give them the receipt but guarantees that the $100.00 is refundable. No documents were signed. <br /><br />The next day, Stan Salesman calls Jim and Laura to ask them when they would like to take delivery of the car. Jim and Laura, on the way home from the dealership, decided that they were not going to buy the car because they did not want to spend that money each month. Therefore, Jim and Laura tell Stan Salesman that they have decided not to buy the car and request their $100.00 deposit back. <br /><br />Stan insists that the $100.00 was a deposit on the car and was meant to be part of the contract to buy the car. Stan is very persistent and insistent that Jim and Laura have contracted to buy the car; therefore, the $100.00 will be applied to the purchase price of the car. Jim and Laura are shocked and angry as not only do they not want to spend the money, but now feel as though they are being duped by Stan Salesman. <br /><br />Jim and Laura have an appointment to see a lawyer in a few days, but know you are a student taking a business law class and come to you for advice. They are very frazzled, and understandably upset that they may have just purchased a car. Since you have been taking business law, you have read and understand the elements of a contract and the defenses to a contract. Therefore, although you are not a lawyer, you provide some basic advice from what you’ve learned in your business law class. <br /><br />ASSIGNMENT: Advise Jim and Laura based on the above facts as presented and the material covered in the lessons. In your paper, be sure to address the following: <br /><br />Define the elements of a legal contract using examples from the scenario where applicable.<br />Decide whether or not there was a contract for the purchase of the automobile.<br />Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.<br />Use at least two (3) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as quality academic resources.<br />