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Business Law

IRAC Analysis of Non-Conforming Goods in UCC Sales Contract

Please review the detailed information given in the first Module – How to Navigate this Course.
The contracts you will be using are in the Contracts Module.
There is one question for this Contract 2. I am looking for the ability to read and comprehend the contract so the appropriate contract clause can be applied to the questions connected with each contract. In order to answer the contract fact scenario, you will also need to be able to identify the legal concept(s) that is applicable to the situation described. This is an analysis so please treat it as such. Your personal opinion is not appropriate.
There is a correct answer(s) for the question as several legal concepts apply. If a student discusses a different legal theory for answering the question, partial points will be given. In cases of complete or partial answers, text references are mandatory to support the remedy proposed by the student. A text reference that has no bearing on the remedy or legal arguments will be counted as “no text”. For example, if any contract has an issue of risk of loss, referencing the text on contract formation will not meet the requirement. The sections of the text that you have read contain all the information you need for this analysis.
Please remember to reference the applicable parts of the contract that you are using to answer each question. Your response should be in IRAC Writing Format.
A student will be given 4 points for the text reference, 4 points for the contract reference, with 15 points for the analysis itself, 4 points for proper IRAC formatting.
The remaining 3 points will be given as a spelling/grammar score. Following is the prompt.
UCC Sales Contract
The following question is based on the Sales Contract found in the Contracts Module. Please reference the Sales Contract by clause number as you answer the questions. Remember, this is a contract under the UCC. IRAC Response (properly labeled with at least 2 paragraphs in the application section with textbook and contract references to support your answers)
You contend that you received non-conforming goods as a result of an ambiguity in the contract. You ordered goods thinking you would get a particular product. You wanted Stamply Thirst Tumblers. That was the original oral telephonic communication when you first contacted the selling merchant. You both talked about and agreed on Stamply Thirst Tumblers. Thereafter, in additional phone conversations, you and the seller just used the phrase “tumblers”. The seller prepared a written contract and sent it to the buyer for review and signature. The contract was signed by both parties. The selling merchant then shipped Taykeda Sip Tumblers that are in perfect condition but they are not Stamply Thirst Tumblers as they are slightly heavier and leak. The selling merchant believes the goods are conforming. Upon receipt and inspection of the goods, what are all your merchant options under the contract and at law as the buyer?

Categories
Business Law

Exploring Business Law Career Opportunities In today’s business world, there are numerous career opportunities that require knowledge of business law. One such opportunity is a compliance officer, who ensures that a company is following all laws and regulations. In this position,

In this assignment you are required to write a discussion post and comment on a minimum of 2 other students posts. Initial posts should be completed by 11pm Friday 5/3 and replies are due on 11pm on Tuesday 5/14. Your post should be a minimum of three sentences and should maintain proper grammar, spelling, punctuation and sentence structure. Replies and comments to other student posts should be polite and respectful. Remember to abide by the online etiquette as discussed in the syllabus.
This week we are exploring our possible paths in Business Law. We’ve looked at starting a business, Forms a Business Can Take, Business Property, Contracts and finally this week we explored Employment Concepts. For this discussion post, please think broadly about business office and consider in what settings your skills may be useful. I would like you to research and identify various occupational opportunities in business and accompanying skills you could step into and write a brief summary of:
What actions would be required of you in that position,
How it would use the general knowledge gained from this course,
What you need to be qualified for the position, and
Provide a link to an organization that facilitates this type of business or employment opportunity. As you conduct your research, please reach out directly to a professional with the organization and conduct a short interview to round out your information about the organization and how you could get involved.
For your replies, please discuss if you find this opportunity something you would or would not like to participate in and why, or further develop the information about this organization and perhaps comment on your personal experience, if you already volunteer with it or work in the area. You could also help develop the expected skills for success in this role.
“Yes” or “No” or “I agree” is not an answer nor is it a response. I’m looking for developed answers that include an analysis requested in the prompt in relationship to the content of the textbook and outside research. A response is a comment to someone, so please indicate whose post you are responding to and develop your answer. I don’t know the context for your response if I don’t know who, by name, you are responding to. The statement, “I agree with you”, doesn’t tell me who as all I see is a string of names.

Categories
Business Law

Title: “Understanding Duty of Care in the Workplace: Examples and Responsibilities for Managers”

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?

Categories
Business Law

“Navigating Multi-State Tort Law: Understanding Jurisdiction and Enforcement of Judgments” Navigating Multi-State Tort Law: Understanding Jurisdiction and Enforcement of Judgments Introduction Businesses often operate across state lines, which can lead to legal issues

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

Categories
Business Law

CBLT Rubric (1)

CBLT Rubric (1)
CBLT Rubric (1)
Criteria Ratings Pts
This criterion is linked to a Learning OutcomeCBLT – Suitable Topic
20 pts
This criterion is linked to a Learning OutcomeCBLT – Guideline Length
10 pts
This criterion is linked to a Learning OutcomeCBLT – Article Summarized, memo structured
15 pts
This criterion is linked to a Learning OutcomeCorrect format for the assignment
15 pts
This criterion is linked to a Learning OutcomeSubject of the article applied to business and/or management
20 pts
This criterion is linked to a Learning OutcomePresentation
20 pts
This criterion is linked to a Learning OutcomeAdditional Comments
0 pts
Total Points: 100

Categories
Business Law

“The Dark Side of Technology: Exploring Computer Crimes and Their Impact on Society”

Please do research essay on a computer crime please talk about a crime made through the computer. Such as invasion of privac, hackers or the electronic funds transfer act. 

Categories
Business Law

“Leading Ethically and Legally at Home and Abroad: A Case Study of Electropic LLC”

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.

Categories
Business Law

“Financing Options for Starting a Business: Exploring Corporate Financing Methods”

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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Categories
Business Law

“Understanding Fiduciary Trust Relationships”

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

Categories
Business Law

Title: The Use of Arbitration Clauses in Employment Contracts: A Case Study Analysis of Great Western Mtge. Corp. v. Peacock.

Many union jobs have bargaining agreements that contain arbitration clauses. Arbitration clauses are also common in many other types of agreements, such as car and equipment leases, insurance contracts, construction/contractor’s agreements, financial and securities brokerage agreements and public contracts. What about individual employment contracts? Can they contain arbitration clauses? Read the Third Circuit Court of Appeals case of Great Western Mtge. Corp. v. Peacock, 110 F.3d 222 (3d Cir. 1997) and explain why the federal appeals court thought it was fair to compel plaintiff to arbitrate her sexual harassment/civil rights claims against her employer when, at the time she was employed, she had to sign a form agreeing to enter into an arbitration agreement as a condition of her hiring but had not had been given a full copy of that agreement. Do you think that the result was a fair one? If you are employed, check your hiring paperwork and company’s policies/procedures manual to determine which, if any, potential disputes you might be required to arbitrate and let us know what your situation is in that regard. If not, what other agreements, consumer or otherwise, that you’ve entered into have arbitration agreements contained within them?