...was not formed as a contract and neither party signed in agreement. 2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? The fact that an oral agreement was reached at a meeting and an e-mail stating the intent to contract was sent may weigh in favor for Chou but the fact that a written contract was never drawn nor signed weighs against Chou. 3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 and 2 (above)? The fact that the parties were communicating through e-mail does have an effect on my analysis because it showed a written intent to contract however no actual contract was signed and agreed upon by both parties. 4. What role does the statute of frauds play in this contract? The statute of frauds does not play any role in this contract because it requires a signed writing for contracts for the sale of goods totaling $500 or more and no signed contract existed in this case. 5. Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defenses that would allow the contract to be avoided? BTT could avoid this contract under the doctrine of mistake because Chou could have mistaken the e-mail as a contract. In this case, no written signed contract existed, therefore there was no contract. 6. Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? Assuming...
Words: 320 - Pages: 2
...LAW/421 Version 1 Contemporary Business Law Click Here To Download Week One: Introduction to Law Participation Participate in class discussions and respond to weekly discussion questions. DQs due days 2, 4 and 5 7 Individual Role and Functions of Law Paper Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. The Cipollone case merely illustrates some of the functions and roles of law in business; your paper should not be a discussion of that case. You can cite to that case only as needed to exemplify some point you are making. Discuss the functions and role of law in your past or present job or industry. What is the most important Constitutional provision to business law? Properly cite at least two references from two different sources. Format your paper consistent with APA guidelines. Day 7 11 Individual Bio Post your bio in the body of a message in the chat room. Week Two: Torts Participation Participate in class discussion and respond to weekly discussion questions. DQs due days 2, 4 and 5 7 Individual Addressing International Legal and Ethical Issues Simulation Summary Complete the Addressing International Legal and Ethical Issues simulation located on the student website. Write a 350-word summary. In your paper, answer the following...
Words: 761 - Pages: 4
...Week 4 Reflection LAW/421 June 15, 2015 Elizabeth Manassau Week 4 Reflection “A contract is promise enforceable by law to either do something or refrain from doing something” (Melvin (2011). We deal with contracts or agreements on a daily basis, it happens everywhere. There are four elements of a contract. First is the agreement, which includes two parts: offer and acceptance, this indicates mutual assent, the second one is consideration, which indicates the values that must be bargained for between the parties. The third element is capacity, requiring both parties to have the power to contract, finally, the last element is legality it meaning that the terms of the contract is legally enforceable (Melvin, 2011). There are some common contracts that everyone will eventually be a party to, for example: an apartment or house lease contract, an employment contract, and a contract for the selling of a house or car. Everyone in our team has signed one of those agreements. We are all familiar with the apartment or house lease contract which is an agreement between the landlord, or property owner and the tenant. Both sides agree to lay down and follow a set of rules, for example: the length of the lease, the amount of rent, the due date of the rental, security deposit, late charge, amount of occupants, pet policy, property maintenance, change of terms, termination, attorney fees, insurance, keys and addendums, receipt of agreement, etc.... After reading through...
Words: 407 - Pages: 2
...http://homeworktimes.com/downloads/acc-202-complete-course-acc-202-entire-course/ http://homeworktimes.com/downloads/acc-206-entire-course-new/ http://homeworktimes.com/downloads/acc-206-new-week-1-assignment-chapter-one-problems/ http://homeworktimes.com/downloads/acc-206-new-week-2-assignment-chapter-two-three-problems/ http://homeworktimes.com/downloads/acc-206-new-week-2-journal-institute-management-accounting/ http://homeworktimes.com/downloads/acc-206-new-week-3-assignment-chapter-four-five-problems/ http://homeworktimes.com/downloads/acc-206-new-week-3-journal-hershey-company/ http://homeworktimes.com/downloads/acc-206-new-week-4-assignment-chapter-six-seven-problems/ http://homeworktimes.com/downloads/acc-206-new-week-5-assignment-chapter-eight-problems/ http://homeworktimes.com/downloads/acc-206-new-week-5-assignment-final-paper/ http://homeworktimes.com/downloads/acc-212-financial-accounting/ http://homeworktimes.com/downloads/acc-250-complete-course-acc-205-entire-course/ http://homeworktimes.com/downloads/acc-290-complete-course-acc-290-entire-course/ http://homeworktimes.com/downloads/acc-291-complete-course-acc-290-entire-course/ http://homeworktimes.com/downloads/acc-340-entire-course-acc-340-complete-course/ http://homeworktimes.com/downloads/acc-400-complete-course-acc-400-entire-course/ http://homeworktimes.com/downloads/acc-407-entire-course/ http://homeworktimes.com/downloads/acc-455-complete-course/ http://homeworktimes.com/downl...
Words: 3197 - Pages: 13
...|[pic] |COURSE SYLLABUS | | |School of Business | | |LAW/421 Version 1 | | |Contemporary Business Law | Copyright © 2011 by University of Phoenix. All rights reserved. Course Description This course reviews the U.S. legal system, common law and its development, organizational structures, and the regulatory environment pertinent to business. Students will learn to critically examine torts, crimes, and business ethics. They will also examine contracts; business associations including agencies, partnerships, and corporations; wills, estates, trusts, and other legal entities; securities regulations; and investor protections. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies...
Words: 1244 - Pages: 5
...First Amendment Tiffany Berardino, Alanna Cherry, Charlie Ford Paul Patton, Gwyneth Navitsky Law/421 Contemporary Business Law November 10, 2013 Boni Cherelle Introduction On December 15, 1791, the First Amendment Rights were set forth to protect the citizens of the United States and be governing by the Bills of Rights. As time passed and the U.S. changed the First Amendment, it became more of a pillar for free speech, free press and the right to peacefully assemble. The First Amendment, at its early stage, was only applied by laws by Congress but now it has been directed in the process of incorporating a clause through the Fourteenth Amendment – due process. The First Amendment protects as well as gives an understanding of what society can and cannot do as citizens of the United States. First Amendment/Defamation As a team, we are in agreement that the First Amendment protects defamation to an extent. For example, consider the media who report on current events all over the world. Journalists are the most accused of defamation due to the topics which are discussed. This in turn creates a stage that is known to the world as “correct reporting”. Freedom of speech, as characterized in the First Amendment, allows individuals the freedom to say what they want so long as it does not create falsehoods and defames the character of any one individual. First Amendment/Censorship Although the First Amendment gives people or companies the freedom of speech and press,...
Words: 774 - Pages: 4
...Week Five Article Review University of Phoenix Contemporary Business Law LAW/421 Valentine Castillo April 29, 2013 University of Phoenix Material Article Review Format Guide MEMORANDUM UNIVERSITY OF PHOENIX DATE: April 29, 2013 TO: Valentine Castillo FROM: RE: Sarbanes-Oxley Act: Was the ‘one-size-fits-all’ approach justified? Nogler, G., & Inwon, J. (2011, May/June). Sarbanes-Oxley Act: Was the ’one-size-fits-all’ approach justified? Journal of Corporate Accounting & Finance (Wiley), 22(4), 65-76. http://dx.doi.org/10.1002/jcaf.20691 ARTICLE SYNOPSIS The article discusses whether the Sarbanes-Oxley Act and the subsequence laws were the correct solution for the problems that arose from the Enron and WorldCom bankruptcies. The article illustrates how the different rules and legislature affect different size business, and the ramifications that resulted for companies that must follow the Sarbanes-Oxley Act. The authors of the article also conducted a study on whether or not fraud of the financial statements was in direct correlation of businesses filing bankruptcy (Nogler & Inwon, 2011, p. 68) like in the cases of Enron and WorldCom. The results found that the larger the company that filed bankruptcy the more likely that securities fraud litigation and general overstatement of the revenue and assets of the company occurred (Nogler & Inwon, 2011). LEGAL ISSUE Legal issues were rampant in the article...
Words: 557 - Pages: 3
...The Roles and Functions of Law Cathi Stark LAW/421 December 23, 2013 John Koenig The Roles and Functions of Law The purpose of this paper is to inform about the roles and functions of the law. It will also show and define the function and roles of law as they apply to business and society. There will also be examples from real life experiences of the writer, myself. This week in class we were instructed to review the Commerce Powers from chapter two in our text book. There was a case review within the chapter that specifically outlines some of the roles and functions of the law. This case, Cipollone v. Liggett Group, Inc., et al., 505 U.S. 504 (1992), will be referenced through this paper. The basic function and roles of the law in business and society is for the benefits of the people and the protection of their rights. Laws are created to ensure we are safe and protected in all aspects of our lives, both personal and professional. In business, laws are designed to regulate activity at the local, state and federal levels. In case of Cipollone v. Liggett there is discussion of statute and enactment of laws. This case is based on a suit that Cipollone took against the cigarette manufactures, Liggett for the death of his mother. The study states that “Congress chose specifically to regulate a certain type of advertising (tobacco), federal law is supreme to any state law that attempts to regulate that same category of advertising.” (Melvin, 2011, p. 33) The Constitution...
Words: 776 - Pages: 4
...Equal Employment Opportunity Commission (EEOC). The law states that is unlawful employment practice to discriminate based on race, color, religion, sex, or national origin. Despite these restrictions on employer discretion, discrimination consistently keeps happening because of the enduring rule of employment at will. This rule is contradictory because it gives employers the chance to terminate employees without just cause. Employment at will undermines the effectiveness of employment discrimination law in bringing race equality to the workplace. Ever since Title VII of the Civil Rights Act of 1964, the tension between employment discrimination law and employment at will has been noticed. The main goal of Title VII, the first employment discrimination regulations, was to protect against race-based disadvantages, particularly the disadvantages faced by African Americans due to racism at the time. It also prohibited other discrimination including gender, national origin and religion, but most specifically Title VII was a civil rights movement that was growing and took aim to undo racial segregation and its disadvantaging effects on African Americans in employment and other institutions. It does this by protecting employees on an individual level, only if they were being treated badly as a member of a group, but does not protect individuals from all forms of unjustified treatment by the employer. This is a groundbreaking law, but...
Words: 719 - Pages: 3
...Team A Reflection Jimmy LaNonh, Diana Ogden, Alicia Ventura, Charlie Yi, James Williams LAW/421-Contemporary Business Law August 13, 2014 R. Garth Ferrell During week, 4 and 5 of Contemporary Business Law the class went more into depth of contracts including formation, breach or discharge, and the UCC. The team gained a better understanding of the elements of a binding contract and how the UCC is involved with contracts. The class discussion was mainly regarding contracts, the UCC code, and the differences. The concept for Diana that sometimes is difficult is deciding if both parties in a contract gave consideration. If that element is missing this constitutes the lack of a contractual agreement. However, under the UCC code for merchants this is not a required element. The other piece that can be difficult to discern is deciding when the date of the contract begins, which must also meet certain elements to be a legal accord. The oral or written information must include the parties, price, object, and time that both parties mutually agree, and if not clear, one party may believe something different from the other party. Additionally, businesses need to pay close attention to the acceptance portion in contacts because of the “mailbox rule” because if specific date requirements are not in the arrangement this could be a reason for a dispute. The Statue of Frauds portion was another area of discussion to decide when written agreements are a requirement such as in UCC for...
Words: 970 - Pages: 4
...[pic] John Sperling School of Business Course Design Guide MKT/421 Version 10 Marketing Copyright Copyright © 2009, 2008, 2005, 2004, 2003, 2001 by University of Phoenix. All rights reserved. University of Phoenix® is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft®, Windows®, and Windows NT® are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. Course Syllabus |Course Prefix and Number: |MKT 421 | |Credits: |3 | |Course Title: |Basic Marketing | |Course Schedule: |March 10, 2010 – April 07, 2010 | |Course Location/Times/Newsgroup: ...
Words: 6431 - Pages: 26
...has represented his employer for assisgnments in Japan, the Netherlands, Germany, and Italy. Through his consulting service, David has developed successful programs in problem resolutions, employee development, team building, leadership dynamics and corporate analysis leading to turn-around activities, and developing learning organization. He has been a featured presenter at seminars and conventions throughout the United States and Canada. DONALD W. MAINE SCHOOL of BUSINESS BUSN210 Professional Ethics Credit Hours: 3 Contact Hours: 45 Prerequisite(s): Co-requisite(s): Course Description This course explores applied ethics, focusing on social and professional situations especially in the fields of business, law, and technology. Students learn ethical theory as they examine the complexities of ethical...
Words: 3829 - Pages: 16
...system is for modern industry and commerce. Student name: Student ID: Lecturer/Tutor: Ms Gurmit Kaur Pritam Singh/ Dr Marc Morgan Word Count : Date of Submission: Executive Summary: Introduction: The concept of Industrial relations has a wide meaning. The expression industrial relations by itself means relationship that emerges out of day to day working and association of labour and management. But when taken in its wider sense it includes “the relation between an employee and an employer in the course of running of an industry and may project itself to spheres which may transgress to the areas of quality control, marketing, price fixation and deposition of profits among others.” Industrial relations is about people as individuals. In some case they are members of or are represented by large organisations. For employees these organisations are unions for employers they are employer associations. However what we pay or get paid takes place within a wider system of industrial relations in which governments, courts and tribunals influence our pay levels and other conditions of work. So industrial relations is largely about how pay, working conditions and work are set when we go to wprk for someone or we employ someone. Industrial relations work fits into a number of categories: * Establishing and modifying systems of industrial relations and human resource management, and specific procedures within them * Negotiating new agreements * Negotiating to resolve...
Words: 684 - Pages: 3
...HR 421 20 Jan 2013 Week 1 Assignment 10 Strategies for Boosting Mediocre Morale Judging from my three years in the military, morale can either be the key to success in a unit, or the reason for failure. I have not been in a deployed environment yet in my career, so I am strictly speaking from a state side perspective. My home duty station, F.E Warren Air Force Base in Cheyenne, Wyoming, isn’t one of the most sought after bases in the Air Force by any stretch. In fact, the people that actually do want to come here are met with a dumbfounded look and the question, “Why?” Most of the individuals that request to be stationed here are usually natives of the area and want to be close to family. Personally, I don’t mind it. I have found several new hobbies since calling Wyoming home. However, the majority of my co-workers despise the base and the area. Now let me give you a little background on my job. I am a member of the 90th Security Forces Squadron, we are the military police for the base. Our duties include, base law enforcement, Weapon Storage Area security, and gate guard duties. Now you see, here in Wyoming the winters can be somewhat harsh. The temperature regularly drops into the single digits and into the negatives with the wind-chill. We don’t regularly get weekends or holidays off, on occasion our days off may happen to be on a weekend or holiday, but it is rare. We do not consider ourselves part of the “Regular” Air Force due to the fact that all other career fields...
Words: 841 - Pages: 4
...U.S. Supreme Court UNITED STATES v. CORTEZ, 449 U.S. 411 (1981) 449 U.S. 411 UNITED STATES v. CORTEZ ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 79-404. Argued December 1, 1980 Decided January 21, 1981 Based on their discovery of sets of distinctive human footprints in the desert, Border Patrol officers deduced that on a number of occasions groups of from 8 to 20 persons had been guided by a person, whom they designated "Chevron," from Mexico across an area of desert in Arizona, known to be heavily trafficked by aliens illegally entering the country. These groups of aliens proceeded to an isolated point on a road to be picked up by a vehicle; the officers deduced the vehicle probably approached from the east and returned to the east after the pickup. They also surmised, based on the times when the distinctive tracks were discovered, that "Chevron" generally traveled on clear nights during or near weekends, and arrived at the pickup point between 2 a.m. and 6 a.m. On the basis of this information, the officers stationed themselves at a point east of the probable pickup point on a night when they believed there was a strong possibility that "Chevron" would be smuggling aliens. The officers observed a pickup truck with a camper shell suitable for carrying sizable groups pass them heading west and then observed the same vehicle return within the estimated time for making a round trip to the pickup point. The officers stopped...
Words: 4188 - Pages: 17
