Category: Business Law

DISCUSSION
Now that you’ve gathered information and analyzed the legal and ethical consequences of Manning’s actions as outlined in the Global Shippers case file, you’re expected to discuss your conclusions and rationales with the board of confidential advisors convened by Vice President Dodger. Two main requirements will structure this discussion:
First, each board member is to post an initial response fully analyzing the following questions:Were Manning’s actions legal under the Foreign Corrupt Practices Act, and what are the possible penalties for violating the act?
Were Manning’s actions legal under the UK Bribery Act and what are the possible penalties for violating the act?
Were Manning’s actions ethical, particularly in light of differing cultural norms?
When answering these questions, be sure to apply the following guidelines: Provide a full explanation for why all his actions were or were not legal and ethical in your discussion, including a full rationale for each conclusion. This post can be as long or as short as you need in order to effectively make your points.

THE CASE OF THE GIFT OR NOT!
Ruben, age ninety, had a very valuable violin collection consisting of 10 violins, cases and bows. He was frail and was helped by a niece Sahar, who was an excellent violinist. Two weeks after making a new will, Ruben told his niece that he was going to give her the violin collection. “It’s yours,” he said, adding that he would temporarily hold on to the collection for safekeeping. Sahar happily accepted. That same day he also sent Sahar a letter in which he said, “I give you my violin collection, and when I die, it will be yours.”
Ruben died five weeks later. In his will dated prior to the letter, which did not refer to the violins, he left his entire estate to his two children. Sahar brought suit against the estate to have the violin collection declared her property.
The Trial
Sahar testified at the trial about the help she had given her uncle over a period of fifteen years. She produced the letter her uncle had sent her and recalled their many conversations during which her uncle had promised to give her the violins. There was additional testimony that Ruben’s children had never even picked up a violin and had been estranged from their father for years.
The Arguments at Trial
Sahar’s attorney argued that the collection belonged to Sahar because Ruben had gifted the violins to her during his lifetime and that there was symbolic delivery. He further argued that Ruben’s keeping possession of the violins was solely to protect them and in no way invalidated the gift. He also argued that to deprive Sahar of the collection that her uncle obviously wanted to give her would be against Ruben’s wishes.
The children’s attorney argued that the will was validly executed after the letter was sent and promises made orally or in writing do not constitute valid gifts. They further argued that actual and not symbolic delivery is an essential requirement for a gift to be deemed valid.
Questions to Discuss
Who has the stronger argument, Sahar or Ruben’s children? Why?
If you were the jury hearing this case, for whom would you decide? Why?
Should considerations of fairness and the intentions of the person making the will take precedence over a validly executed will?
What problems do you think could arise if oral or written promises were considered under the circumstances of this case?

POST 1:
Choose one review topic DESTINATION CONTRACTS
Explain the topic thoroughly
Provide a citation to the information you are discussing

POST 2:
Choose a fellow student’s post
Contribute something more by discussing a news article or current event that applies to that student’s post
Naomy Beras
The Uniform Commercial Code (UCC) includes “The Perfect Tender Rule”, which is a guideline for sales in the United States. This rule is found in Section 2-601 of the UCC and it’s demanded to be followed. The Perfect Tender Rule means that when someone sells something, they must deliver exactly what they promised in the contract, including the quality, quantity, and delivery details. If anything is different or wrong, the buyer can refuse to accept it. This rule protects buyers, making sure they get exactly what they were promised. However, there are exceptions allowing for minor differences if both parties agree, or giving the seller a chance to fix any issues. This rule helps to ensure fairness and reliability in buying and selling goods. When a buyer rejects the goods, following the correct procedure is important for both the seller and the buyer to protect their rights and seek an equitable solution.
Reference:
McKenna, J. Frank. “Are you a ‘perfect tender’?” Modern Casting, vol. 87, no. 6, June 1997, p. 68. Gale OneFile: Business, link.gale.com/apps/doc/A19746031/GPS?u=lirn99776&sid=bookmark-GPS&xid=eb4b0cb1. Accessed 14 May 2024.
POST 3:
Respond very thoroughly to a question posted by the instructor
Support your response with a citation

As we learned last week, businesses are often engaged in commerce across State lines, and rarely are businesses (even small, local businesses) solely “doing business” in their own state. So, as a business manager, its important for you to have an understanding of potential multi-State legal issues.
For this week’s assignment, we will focus on Tort Law as it pertains to a multi-State scenario. You are encouraged to use external research for this assignment. Here is the context:
Context
Bernie, a Vermont resident, is sued by Donald, a New York resident, for a tort related to negligence. The case is in state court.
Questions
Why would a plaintiff in New York with a case against a Vermont defendant prefer to have the case heard in New York?
How can a New York Court have jurisdiction over a Vermont defendant?
After a New York state court trial in which Bernie appears and vigorously defends himself, the New York state court awards Donald $1.5M dollars in damages for his tort claim. In trying to collect from Bernie in Vermont, Donald must have the Vermont court certify the New York judgment. Why, ordinarily, must the Vermont court do so?
Include at least three
external references to support your claims. Use APA format. Include a References page at the end
of the paper

As a manager in a business setting, you should be keenly aware of how the law impacts your job and the professional lives of your employees.
Negligence in an employment situation is exceedingly rare because of workers’ compensation, which replaces employees’ traditional tort remedies with an employer-paid-for administrative remedy. Workers’ compensation does not measure an injury by negligence standards and instead is a “no-fault” system. Neither the employee nor the employer has a choice to use the traditional legal system for a work injury.
As a result, businesses in the United States owe a duty to exercise a reasonable degree of care (Duty of Care) to protect the public and employees from foreseeable risks that the owner knew or should have known about.
Common Examples of Duty of Care An employee has work-related Repetitive Strain Injury (RSI) from repetitive hand movements. Symptoms include shooting pains in the hands, wrists and forearms. An example of duty of care is providing that worker with a specialist keyboard that allows them to complete tasks at work.
An employee was involved in a car accident and is now confined to a wheelchair. Your duty of care, in this case, is to ensure the employee has access to any services or facilities your able-bodied employees have access to. You’ll need to provide wheelchair access and perhaps even reorganize aspects of the work environment. This is to ensure your disabled employees have just as many opportunities as your able-bodied workers.
You also have a legal duty to protect your employees from excessive levels of stress. One of the ways to do this is with a risk assessment. If upon completion of the assessment you discover areas within the business where employees experience high levels of stress, you have a duty of care to take steps to alleviate the causes.
For This DiscussionRefer to your place of work for this discussion, or a prior place of work. (STORE MANAGER AT XFINITY RETAIL STORE)
Provide two examples of Duty of Care provided by your organization. Explain each and provide real-world examples.
As a manager in an organization, what role do you play in Duty of Care cases?

Action ItemsParty A graduated from business school and has learned the details about running a successful business. He is ready to utilize his education and does not want to work for anyone. Party A had decided to sell the fifty thousand rulers that his Uncle gave him. He knows that he will have to purchase additional supplies.You are his business advisor, and he wants to know how he can raise the money to finance his business and if he should take out a loan. Discuss the two main ways that corporations are financed? Submission InstructionsComplete and submit this assignment per your professor’s instructions.
Grading Criteria0 – 5 points
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Project 3: Leading Ethically and Legally at Home and Abroad
Step 1: Perform Ethical Analysis
Vice President Dodger has provided you with the Electropic LLC case file, which details recent events at Electropic LLC, one of Colossal’s technology companies. He has asked you to analyze the legal and ethical aspects of the case. The ethical aspects of the situation seem complex, and you realize that you need a structured way to think through the various resolutions to the case and their implications. You know that there are many different schools of ethical thought and a variety of frameworks or approaches for analyzing ethical problems, but you decide that the best approach to this particular situation is Badaracco’s right versus right framework.
You’ll start by working through the right vs. right ethical analysis, considering the various options for action and the winners and losers for each option. What are your recommendations for the best ethical course of action? Be sure to analyze all four questions and all three tests of Badaracco’s framework.
When you’ve finished analyzing the ethical aspects of this case, continue to the next step, in which you’ll consider any legal issues that could affect your decisions.
Project 3: Leading Ethically and Legally at Home and Abroad
Step 2: Perform Legal Analysis
As you continue to sift through and consider all the details of the Electropic LLC case, Vice President Dodger reaches out with an important note:
INBOX (1 NEW EMAIL)
From: Kenneth Dodger, Vice President, Colossal Corporation
To: You
Just wanted to remind you that in addition to the ethical aspects of the Electropic LLC situation, there may be legal implications that the human resources department needs to account for before moving forward with any plan of action. To that end, you’ll need to review any relevant information about fraud and employment at will, that might affect what could or should be done about the situation at Electropic LLC.
When you’ve worked through the possible legal implications and arrived at a recommended course of action for Electropic LLC’s HR department, it’s time to present your analyses, recommendations, and action plan in a report.
Please use your outline and research notes to inform the writing of your report.
That’s all for now. I know this is a tricky case. Thank you for your efforts.
Ken
Project 3: Leading Ethically and Legally at Home and Abroad
Step 3: Write Your Electropic LLC Report
Use your outline and research notes to prepare your report. Be sure to meet the following requirements laid out by the VP:
Using Badaracco’s right vs. right framework and your legal analysis, prepare a report.
Include APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the report using APA style, just the reference list). See references and citations for details.
Include in your report a detailed analysis of all four questions and three tests of the Badaracco framework; also include an analysis of the legal issues.
Include a specific recommendation on what actions, if any, HR should take based on your legal and ethical analysis and conclusions.
The report should be no more than 10 pages (double spaced, 12-point font; the reference list does not count toward page limit).
Title your file using this protocol: lastname_Electropic_date.docx.
Submit your Electropic report to the submission dropbox located in the final step of this project. You should try to have this report complete by the end of Week 6. In the next step, you will begin work on the final task from the VP regarding global law and ethics.

What kind of relationships are fiduciary trust relationships? Please answer in 2-3 sentences.
I’ll give you later the answer of two student to comment them

Jury 1 B – E (first letter of last name) DUE at 11pm
99 unread replies.99 replies.
The Case of the Customer Who Died to Soon

Facts:
On October 26, a Ruby Country Life Insurance agent went to the house of Penny and Chip Singh. He persuaded the Singhs to buy a life insurance policy and accepted a check for $1,600. On his way out the door, he gave the Singhs a “conditional receipt for medical policy,” dated that day. The form stated that the Singhs would have a valid life insurance policy with Ruby Country Life, effective October 26, but only when all conditions were met. The most important of these conditions was that the Ruby Country Life home office accept the Singhs as medical risks after the company scheduled a medical examination. The Singhs were pleased with the new policy and glad that it was effective that same day.
Chip died in a car accident three weeks later. Ruby Country Life declined the Singhs as medical risks and refused to issue a policy. Penny Singh sued. Ruby Country Life pointed out that medical approval was a condition to being covered. In other words, the company argued that the policy would be effective as of October 26, but only if it later decided to make the policy effective. It had not made that decision as of the date of Chip’s death.
At Trial
Plaintiff argued that the policy was a scam. The so called “conditional receipt for medical policy” is designed to trick customers and then steal their money. The company leads people to believe they are covered as of the day they write the check. But they aren’t covered until much later, when the insurer gets around to deciding the applicant’s medical status.
The company gets the customer’s money right away and gives nothing in exchange. If the company, after taking its time, decides the applicant is not medically fit, it returns the money, having used it for weeks or even months to earn interest. If, on the other hand, the insurance company decides the applicant is a good bet, it then issues the policy effective for weeks or months in the past, when coverage is of no use. No one can die retroactively. The company is being paid for a period during which it had no risk.
Defendant, Ruby Country Life, argued that it would be impracticable for Ruby Country Life to issue life insurance policies without doing a medical check. That is the road to bankruptcy and would mean that no one could obtain this valuable coverage. They further argued that they do a medical inquiry as quickly as possible as it is in their interest to get the policy decided one way or the other.
The policy clearly stated that coverage was effective only when approved by the home office, after all inquiries were made. The Singhs knew that as well as the agent. If they were covered immediately, why would the company do a medical check?
Questions:
Does the clause making the policy effective only after a medical examination violate public policy? Explain
What other basis for a lawsuit might Penny have against the insurance company? Explain
Based on your answers to Nos. 1 and 2 who will win this case and why?

Jury 1 F- K (first letter of last name) DUE at 11pm
66 unread replies.66 replies.
The Case of the Director Who Wore Too Many Hats
Sarah is one of 5 directors of Lavish Investments Corporation. She is also a majority shareholder holding both common and preferred stock. Her stock with voting rights amounts to 47% of all stock issued with voting rights.
Sarah buys, for $1,500, an option to purchase a tract of real estate called Blueacre, which is next to Lavish’s home office, for $50,000. Sarah forms a new corporation, Commercial Property, Inc., to hold the option. She then has Commercial Property buy Blueacre. As a director of Lavish, Sarah orders Lavish to authorize its real estate agent to negotiate the purchase of the land from Commercial Property for $100,000. After a successful negotiation for the purchase of Blueacre for $100,000, Sarah has Commercial Property sell it to Lavish, and loan the money to Lavish for the purchase price at a 5% interest rate which is 2% below the market rate. Pablo, a minority shareholder in Lavish, formally complains to Lavish’s board which takes no action.
The Trial
Pablo files a suit against Sarah on Lavish’s behalf seeking to cancel the sale. Sarah asks the Court to dismiss the lawsuit as Pablo has no standing to bring the lawsuit.
Arguments At Trial
Sarah’s attorney argues that Blueacre is necessary for Lavish as it will allow them to expand their offices and production plant thus increasing the net worth and potential profits to the shareholders. Further, the Board of Directors of Lavish authorized the purchase which appeared to be in accordance with the Articles of Incorporation.
Pablo’ attorney argues that the purchase of Blueacre should have been put to a vote of the shareholders of Lavish as required by Lavish’s Bylaws. Lavish’s Board of Directors failed in its duty to make sure this sale was in the corporation’s best interest.
Questions to Decide
What kind of suit will Pablo file and what is its basis?
Who are the Plaintiffs and who are the Defendants? Why?
What are the defenses, if any, of Lavish or Sarah?
Who will win the case and why?