Law/421 Week5

In: Business and Management

Submitted By 3summer
Words 365
Pages 2
Scenario 2

Brian McDonald had an incredible train collection it consisted of rare and one-of-a-kind trains. One day whole visiting another hobbyist Harry, Brian told him that when he retired from his job he would sell his trains and spend his life traveling on real trains. Brian once told Harry that he was the only person who he would sell his trains to because he know Harry would take care and appreciate as much as he did. Harry was excited and said he looked forward to the day when he could buy the trains. Harry spent the next two years and a large portion of his savings building a new 2,000-square foot room in his home to make room for his new collection of trains. Harry told Brian that he was building a new room but Brian did not reply and simply smiled. When Brian retired he sold his collection not to Brian but to a neighbor, James. Harry was furious and hurt so he sued Brian.
Unfortunately, Harry did not have Brian sign any contract to prove that Brian had an obligation to sell the trains to him. According to the Cheeseman (2010) a contract is “a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty” (p. 156). The problem is that no one made an offer, and a contract is created if an offer is made and accepted. Therefore, Harry would not have a case against Brian based on spoken contract because no terms were agreed upon.
Harry could also argue that because he built the addition to his house and borrowed money from his aunt based on the promise from Brian. Harry suing Brian for his monetary losses is a lost cause even under the equitable claim of promissory estoppel. Again, in the eyes of the law Brian did not “promise” anything to Harry (Cheeseman, 2010).

Cheeseman, H. R. (2010). The legal environment of business and online commerce: Business…...

Similar Documents


...El Papel y la Función del Derecho y la Sociedad University of Phoenix LAW/421 Contemporary Business Law El Papel y la Función del Derecho en los negocios y la sociedad El papel y la función de la ley es mantener a los sistemas de leyes funcionando sin ningún tipo de problemas, pues de lo contrario los sistema se podrían ver afectado e involucrado en estilos de círculo vicioso del cual pocas veces se encuentran solución. El papel y la función de la ley les permite a la persona jurídica y laicos contar con directrices especificas a seguir y estas se deben llevar en una manera ordenada y ética. Es evidente que las empresas tienen la obligación de informar a sus clientes acerca de los ingredientes de su producto y peligros. Mirando el caso de Rose Cipollone vemos que era un fumador empedernido. Su médico ha tenido que remover parte de su pulmón canceroso derecho y le informó de que tenía que dejar de fumar. Desafortunadamente, ella era adicta. Su médico le ha quitado el resto de su pulmón ese año y finalmente dejar de fumar.          En la lectura del caso citado, el Cipollone vs Liggett, es un gran ejemplo de análisis. Cipollone demandó Liggett porque pensaba que era irresponsable por parte de Liggett la falta de ética en la publicidad de una sustancia mortal que acabó matando a su madre. El Tribunal estuvo de acuerdo en lugar de defender la ley federal que se caen antes todas las acusaciones de faltas cometidas por la empresa tabacalera, en referencia a la publicidad,...

Words: 1353 - Pages: 6

Law 421

...Keyera Jones November 05, 2012 Richard A. Alexander, Esq. LAW/421 The Sox Act originated in July 2002 and made known extensive changes to the managing of corporate and governance and monetary usual procedure. The name was after Senator Paul Sox and Representative Michael Oxley his primary architects, and there was a number of non-negotiable due dates for compliance. Sox Act may share affect ethical decision-making in today’s business. Researching the Sox Act, a code of ethics makes up standards“rationally essential to advance- 1.truthful in addition to; ethical conduct, this includes the ethical management of truly existing engagements of attraction among the private and professional relationships. 2. Brimming, impartial, precise, at the right time, and clear acknowledgment in the alternate account mandated to be suffused by the supplier. 3. Agreement among appropriate government rules and regulations. As a result of, in developing or revising a code, associations endure, and mandate that it addresses truthful conduct, conflicts of interests, acknowledgement in periodic accounts, and agreement with appropriate governmental rules and coordination. Before establishing or modifying a code; however, it may be helpful for a company to consider why a code is developed and what the goal of the code is. Overall, the Sarbanes-Oxley act is not very detailed about the effects on the information technology positions on a firm. Therefore, the financial of most companies are run by...

Words: 389 - Pages: 2

Law 421

...Apples Eat Themselves Marquis Garrett LAW 421 November 1, 2012 Geoffrey L. Fogus Apples Eat Themselves Article Synopsis A review of the legal battles between Apple, a computer company and Apple, a record company, are discussed in this article. Both share a similar logo (an apple) and since 1981, the companies have gone to court to claim the Apple logo should only be unique to one company. In 1991 the Court agreed for each company to continue to use the Apple logo but now, the record company has accused the computer company of not conforming to the terms of the agreement. LEGAL ISSUE The legal issue Apple Corps raised is that Apple Computer is involved in the music business and that in the 1991 agreement Apple Computer agreed to stay away from the sound recording industry, committing trademark infringement. In 2001 Apple computer released the iPod as a hardware device that can be used to download and play software like music from iTunes. iTunes was released in 2003. Apple Corps claims that Apple Computer is involved in the sound recording industry by the use of the iPod and the music downloads from iTunes that is in violation of the 1991 agreement in which Apple Computer would not have any business dealings that had to do with the sound recording industry. The High Court ruled that Apple Computer “hadn't breached the terms of the agreement” (BBC News, 2006) and could continue to operate their computer business......

Words: 401 - Pages: 2


...transaction. According to the contract law, assent is “a conscious approval or confirmation of facts” (Melvin, 201, p.130), and the meeting of minds is voluntarily and communally present in both parties. A discernable reason may indicate there is a manifestation of serious intent to contract. Legal Feat If the case is brought in the court systems, the circumstances surrounding BTT and Chou will illustrate the presence of intent to contract. Subsequent to the initial meeting, payment allocations have been made to Chou serves as a valid acceptance that there was an intent to contract. Chou’s mistake may be recognized by the law and a remedy possibly will be available for the intent of making him whole as he should have. Communication The fact that BTT communicated the deal through an e-mail does not constitute a significant influence to the initial agreement. Other than absence of the official contract, which is a mere formality, both parties have agreed prior to the 90-day quota to push through. Fraud issues Typically, the fraud statutes involve contracts based on marriage, sales, and other transactions lasting more than one year. The deal between BTT and Chou is a distribution contract that carries and unspecified duration, thus not qualifying the case to be a violation of any of the statute of fraud. Fraud is defined as intent to deceit, and clearly is not present in this situation. Contract Law: Mistake Mistake, in contract law, is an inaccurate......

Words: 756 - Pages: 4

Law 421

...Week 3 individual LAW 421 Tort law can exist in many different ways from keyless cars to personal pets and animals that could cause damage to someone. Liability and negligence are two of the main portions and apply to just about all tort cases in some way or another. Taking a look at a few different cases we can see both negligence and liability on both parties of each case and the decision can be yours to make. Keep in mind that negligence is the failure to exercise the care that a reasonably prudent person would exercise in like circumstances ("Negligence", 2011). Strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions ("Strict Liability", 2011). The first case deals with vehicles and keyless entry and remote start. The video tells the story about owners of keyless start vehicles that were driven and then parked inside of their garage where they were left running and ended up either injuring the owners or in some cases killing them, five (5) in just a few years. Keyless entry and remote start vehicles use a key fob that allows the owner to start and drive the vehicles without ever putting an actual key into an ignition and also allows them to stop driving without having to turn the car off manually. What is happening are the drivers are parking and getting out without pressing the engine......

Words: 983 - Pages: 4

Law 421

...Legal and Ethical Issues in Resolving International Interactions Josh Herricks LAW/421 June-6-2013 Luke Martin Legal and Ethical Issues in Resolving International Interactions When an individual or a company is going to involve themselves in international transactions and or resolve a problem he or she should be educated with the laws and understand the foreign culture that he or she is doing business with. Without knowledge of the laws and the customs of a country it could mean that the business transaction will end before it started. It does not matter how small the international transaction, how good the partnership is, and if he or she thinks that nothing will ever happen during international transaction it is him or hers responsibility to make sure they are protected from any lawsuits and any litigations occurring. Businesses that take part in international transaction need to remember the transaction can be challenging. Both parties of an international transaction should come to an agreement on what is the choice of law and what forum selection will be used. The choice of law is to help eliminate confusion and helps coming to an understanding. The forum selection is a decision on how the conflict will be resolved such as arbitration, litigation, jurisdiction of the courts, and procedures. More issues are the culture will be different in a foreign country and if there are any religious views that he or she follows. In the United States men and women are treated...

Words: 1007 - Pages: 5

Law 421

...Article Review Richard Holt LAW/421 August 26, 2013 C.J. Hughes . The article focused on patents in e-business and intellectual property. Patents are important when running an e-business. This is so because it is on an open market and the competition may be from any location. E-business should be aware that patents might not automatically cover new invention. Before opening an e-business potential owners should research e-business patent laws (Mello, 2002). They should be aware of domestic and international laws. Understanding general patents will help e-business owners better understand e-business patents. Patents are only enforceable in the country which it is established. Therefore, e-business owners need to determine the different countries they may potentially go into business with so they can be protected (Mello, 2002). E-businesses are still fairly new and many laws still need to be updated to protect these types of businesses. E-businesses owners has to be more careful than traditional business owners as they are more prone to fraud and copyright infringement. In order to have a clear chain of title for intellectual property e-business owners should have employment contracts. Having employment contract that include clauses that protect the company’s information is very important in running an e-business. These clause need to clearly state that the employer is entitled to all intellectual property developed by employee during the course of......

Words: 567 - Pages: 3


...ddressing International Legal and Ethical Issues Simulation Summary LAW 421 September 23, 2013 Addressing International Legal and Ethical Issues Simulation Summary There are several things a company must be aware of when conducting international business. This can be considered a slightly more daunting task than your local commerce. Several factors must be considered such as knowledge of local laws, cultural differences, international laws, and any political situations that can come up. When a company does decide to conduct business internationally, it is imperative that they know both local and international laws. This helps to ensure that the contract or agreement entered is enforceable. Also, it is important to understand the political status of the country in which you plan to conduct business to determine if there is any volatility that could alter the agreement. Sometimes there is conflict when conducting business globally. That is why a company has to be prepared for situations in which it might have to pursue legal action against a foreign business partner based in another country. Laws are different across the world and it is important to understand local laws and their policies on international business. One consideration that a company must take is whether pursuing this legal action will cause turmoil between both countries involved. If the hosting country isn’t pleased with the action, then they might bar all future business activities with the......

Words: 507 - Pages: 3

Law 421

...RODNEY E. HAYS LAW 421 ADDRESSING INTERNATIONAL LEGAL AND ETHICAL ISSUES AUGUST 7, 2014 KEVIN MINCHEY Addressing International Legal and Ethical Issues Simulation Summary 1. What are the issues involved in resolving legal disputes in international transactions? In a standard legal dispute involving from an international trade transaction, it is foreseeable that an issue in the jurisdiction of private international law might arise. Each country conducting transactions needs to be aware of all legislations and international laws. Whether any foreign judgment obtained abroad might be enforceable in the home country. All companies conducting international transactions aboard should know what jurisdiction to try the dispute. They should know which country’s laws are applied to resolve all issues with the international transaction 2. What are some practical considerations of taking legal action against a foreign business partner based in another country? What any business needs to consider is the laws of the country they are thinking of doing business in. A U.S Company has to remember, a law in the U.S. is not the same law in another country. Should a law be broken, it may not be enforceable in another country as it can be enforced in the U.S. Even though, a contract is binding agreement, it is only binding if the law agrees. 3. What factors could work against CadMex's decision to grant......

Words: 556 - Pages: 3

Law 421

...LAW 421 Weekly Reflection During last week’s session multiple types of laws were introduced and their differences were discussed. One of the types of laws that were discussed were civil laws. Civil laws were created to “compensate parties and businesses for losses as a result of another’s conduct” (Melvin, 2011). This means that these laws were created for certain types of conduct against another party to be handled civilly between them. For any type of offense that is handled civilly, the defendant will need to repay the plaintiff for any loss suffered. Another type of law is criminal law. Criminal laws “are a protection of society and the violation of criminal laws results in penalties to the violator such as fines or imprisonment” (Melvin, 2011). This means that these laws were created to protect all of society against criminals that disrupt the peace of others. Another type of law that we focused on was “Common Law”. Common law, also known as “Case Law”, is a basic system to ensure that cases with similar commonalities are treated fairly and consistently. For example, imagine that you are the victim of a reckless driver who side swipes your car, and the judge is now responsible for deciding whether the defendant is liable for the damages in question. The judge will listen to the statements in court and refer to common law in other cases to ensure that the party is fairly dismissed or prosecuted, depending on the verdict. The type of law that many people have heard...

Words: 482 - Pages: 2


...Law paper / Role and Functions Joshua P.W. Patterson LAW/421 May 4, 2015 Linda Gollub Law paper / Role and Functions This academic paper will be focusing on society, and the role business law has in contributing functions of an everyday business. A subject of interest will be the addressing the needs for rules and regulations that have been established as law for companies. In addition to grasping at understanding of business law and the need this paper will go over some benefactors the law affects and protects. The reason for law First there must be an understanding of the basis for a law. That reason would be to regulate reasonable conduct between people, businesses, and even countries. Laws give a foundation for handling any disputes as well as dealing with entities that violate the laws set in place. This thought brings us to our next part of a law, and that is the consequences that are determined by a society for violating a law. The consequences or put into place to promote a standard of conduct with consequences for misconduct. Functions Law is set in place for a desired effect for society and has certain functions to maintain. The most obvious reason would be to keep the peace between people, businesses, and countries to name a few. In understanding keeping the peace comes with a collective conscious and compromise within the society. Society has a government that enforces these laws that give them a power that also has to be kept in check while......

Words: 747 - Pages: 3

Law 421

...Role and Functions of Law Sheila Rawls Law/421 June 8, 2015 Kurt LoftLand Role and Functions of Law The term law has been defined in a variety of ways throughout recorded history. A generally accepted generic definition of the law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force. The purpose of this paper is to define the functions and role of law in business and society. I will also examine the functions and role of law in my present job. According to (2007) the law serves many roles in business and society. Where this is most apparent is in its three classifications: Criminal and Civic, criminal law is when someone commits a crime and he or she is prosecuted by a governing body. Civil law is when private parties bring lawsuits against one another for wrongdoings. Substantive and Procedural Law are the rights and duties of citizens, the procedural law are the guidelines that the government or courts deal with violation of the substantive law. Lastly, Public and Private Law is the outline of rules that identify the relationship between government and society, private law is the guidelines that individuals and groups interact with another. Functions of Law whether is it corporate, personal, or societal, laws are created to protect the interest if the masses. According to the textbook, Business Law: The Ethical, Global, and Ethical, Global, and E-commerce Environment, 13th Edition......

Words: 622 - Pages: 3


...Week 3 Article Review Law/421 Resource: University of Phoenix Material: Article Review Format Guide  Locate an article specifically related to e-business and intellectual property. Write a 350- to 700-word review of the article. Your review should assess the different types of and legal protections for intellectual property. Analyze the legal issues of e-business to include intellectual property, privacy, ethics, and security. Intellectual property is a very big key factor when it comes to e-business, because one thing about e-business, is that it have run properly in order to function properly. Intellectual property is a term that groups domain names, patents, copyrights, domain names, and also they cover many trademarks. When it comes to e-business all regulations, laws and guidelines should run properly. There are many forms of intellectual property, and these all have to be protected under the laws, and if they are not protected then this means that the contracts between different parties, which means they falls in the intellectual property. (Melvin, 2011) The article that I will be summarizing is the PriceWaterCooper, which is a large professional environment that launched their 2nd generation of their inventive website. Throughout this business the company the primer was based on commercial intellectual transactions, in which the company provides feature such as Intellectual property matters, patents t, trademarks and copyrights for all businesses. The main...

Words: 331 - Pages: 2


...Addressing International Legal and Ethical Issues Simulation Summary LAW/421 August 31, 2015 Addressing International Legal and Ethical Issues Simulation Summary There are a few issues that must be considered in determining the best way to resolve legal disputes in an international transaction. Change in legislation, international laws and cultural difference are among the issues to consider. An issue that must be considered is how the contract was set up. If the company chose the wrong type of law when setting up the contract, then the company will not be protecting itself legally. Another issue to consider is what process would be used to resolve the dispute. Litigation, arbitration or some other alternative option that will best benefit the organization. Litigation in international courts has a low rate of success, and there is no governing body to enforce the ruling. Some practical consideration for taking legal action against a foreign business partner that is base in another country are ethical. Working condition that would be accepted in an undeveloped country would not be not be accepted in a developed nation. Miss treatment of employees is an issue that a business partner could take legal action another. Employees have a right that need to be also protected how a partner treat their employees reflect on the company as a whole. If granting the sublicensing agreement would hurt the firm in a country, then the government may not allow the agreement to......

Words: 546 - Pages: 3

Law 421

...Article Review: Intellectual Property Oscar Thompson LAW/421 December 12, 2015 Barry Preston Article Review: Intellectual Property In this article it clearly speaks about infringement on the part of Google, Inc. Google being a fortune 500 company and having their hand in all different aspects the company tends to get sued quite a bit. The article speaks on how there has been multiple counts of trademark violations in keywords, created ideals, and sponsor links. The article goes into more detail about a specific case that took place in a United States Court of Appeals, where the plaintiff, “Hyperphrase held two business patents related to some systems and methods that linked online records.  The technical process used by these systems and methods is similar to the one used by Google through its "AdSense" and "AutoLink" methods.” (Google v. Hyperphrase, 2007) The Issue The legal business issue raised in the article is that of trademark infringement that would also be considered a theft of intellectual property. Being that Hyperphrase feels that Google has demonstrated deceptive business practice they feel resolving the matter in a court of law is the only to prevent further damages. “This intriguing case so far has two significant juridical teachings.  First, we learned that business patents and its electronic use are slowly but steadily becoming the object of intellectual property litigation.  For the time being, this litigation is......

Words: 455 - Pages: 2

Maroon 5 | HD The Minds Of Men (2018) | Regalos prácticos