...LAW 531 WEEK 3 ASSIGNMENTS A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-3-assignments Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 3 Assignments Week Three IRAC Brief Case:DePuy Orthopaedics, Inc. v. Waxman. August 3, 2012. In the outlined case, DePuy is trying to sue one of their distributors Joint Venture for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim the rights to any of DePuy intangible assets, including intellectual property (IP), goodwill, and customer lists. DePuy claims that Joint Venture breached the non-compete agreement which caused a drop in sales and damaged their relationship with customers in the territories outlined within the agreement.Therefore, the legality of the contract enforced due to the breach of the non-compete agreement. According to Cheeseman 2013, “the section 2-201(1) statue of sales contracts of Uniform Commercial Code laws help prevent fraud like this case” (p. 171). To avoid this case by Depuy or any other companies’ managerial setting must specify agreements with language that is comprehensible by both parties in written valid contracts. Issue:Was there a breach to the contract, under that non-compete covenant between DePuy and Joint Venture? What kind of defenses do companies use to mitigate risk related to personal, real, or intellectual property (IP) issues? The main reason this case went to court...
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...BTEC HND IN BUSINESS (FINANCE)ASSIGNMENT COVER SHEET | NAME OF STUDENT | BUI TRANG NGAN – NELLY | REGISTRATION NO. | F04 – 118 | UNIT TITLE | Aspects of Contract and Negligence for Business | ASSIGNMENT TITLE | Negligence | ASSIGNMENT NO | 2 of 2 (individual report) | NAME OF ASSESSOR | Mr. John Andre | SUBMISSION DEADLINE | 7 Jan 2012 | ------------------------------------------------- ------------------------------------------------- I, ______BUI TRANG NGAN_____ hereby confirm that this assignment is my own work and not copied or plagiarized from any source. I have referenced the sources from which information is obtained by me for this assignment. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ________________________________ _________________________ ------------------------------------------------- ------------------------------------------------- Signature Date ------------------------------------------------- ----------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE (Course Administrator) ...
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...In the first instance, if you have any queries regarding the teaching or assessment for this module, please ask question during the lecture. If you do not receive a satisfactory response then e-mail me with your query for an appointment. Introduction: The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Unit abstract: The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it. Learning outcomes |On successful completion of this unit a learner will: |Assessment criteria for pass | |LO1 Understand the essential elements of a valid contract in a |1.1 explain...
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...Chapter 12 Textbook Assignment 12-3. Intentional Torts against Property (a) Yes, Gerrit has committed torts. Although Steward tell two mechanics to throw him off the property, Gerrit grabs some tool valued at $800 and run away and refuse o return the tools. Whenever a person wrongfully possesses or uses the personal property of another without permission, the tort of conversion occurs. When conversion occurs, a trespass to personal property also occurs because the original taking of the personal property from the owner was a trespass, and wrongfully retaining it is conversion. Refusing to return the property may still be conversion. (b) An assault is any intentional and unexcused threat of immediate harmful or offensive contact, including words or acts that create in another person a reasonable apprehension of harmful contact. The completion of the act that caused the apprehension, if it results in harm to the plaintiff, is a battery. If the mechanics had thrown Gerrit off the property, ABC would not be guilty of assault and battery because Gerrit doesn't get injury and create a reasonable apprehension of harmful contact. 12-8. A Question of Ethics: Dram Shop Acts. (a) The principles discussed in this chapter is negligent which occurs when someone suffers injury because of another's failure to live up to a required duty of care. I In favor of, According to Dram Shop Acts, under which a tavern owner or bartender may be held liable for injuries caused by a person...
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...Synopsis of Tort Cases In this assignment Team B is writing a synopsis for four tort cases in which we will try to identify specific areas of the case. In each case we will identify the tort action in each case, which is the wrongdoing within the scenario. We will also identify the plaintiffs in the scenarios along with the defendants in each case. The identification of the elements within the tort claim will also be identified for each scenario. The defense that the defendants may assert will be addressed to show how the defendants plan on pleading their case. After each scenario is evaluated the decision on how each case would be resolved will be stated with legal reasoning for each answer. Scenario #1 In the scenario presented, many things occur. Some of these are intentional actions and some happen by accident. From a legal perspective, these are referred to as tort, which is considered to be a “civil wrong.” Generally, these are not covered by law or statute. A plaintiff has the can be compensated for damages that were sustained as a result of the tort. There are several tort actions present in the case, these include: battery, defamation, wrongful termination, and negligence. There are several potential plaintiffs in this case. First there is Malik, who can claim battery at the hands of Daniel for the fall that breaks his teeth. Malik might make a civil case for being shot. Daniel could also be subject to criminal charges. Second, Daniel could pursue defamation...
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...– Unit 3 Assignment November 30, 2014 FACTS: Leroy McPhillen was visiting The Bottom’s Up Pub, a place he frequented often, when an inebriated man named John caused a commotion by yelling obscenities at a woman sitting at a table near Leroy. Though the woman ignored the man’s shouting the man began to approach her in an aggressive manner. Mr. McPhillen stopped the man before he reached the woman’s table and invited him for a drink at the bar. The man refused, telling Mr. McPhillen that he should mind his own business, and grabbed the woman by her wrist. It was then that Mr. McPhillen twisted the man’s other arm behind his back carefully and restrained him with a neck hold. John ordered the man to release him, but Mr. McPhillen refused his request to release him. Mr. McPhillen then seated John firmly in a chair and ordered him to remain seated or he would punch him. It was after this that the woman informed Mr. McPhillen that John was her husband. ISSUE: (1) Which intentional torts were committed and (2) what are the defenses available to the tortfeasors? Short answer: John and Leroy are both guilty of committing intentional torts. However, both parties have arguable defenses. More information is needed in regards to the events that took place prior to the man assaulting the woman and the amount of time that John was confined by Mr. McPhliien. Prior to determining the appropriate statues and the defenses each party may present, each intentional tort committed...
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...Assignment Topic: Laws that Affecting Business Name: Sumon Roy ID: 4050 MBA (Evening Program) Department of International Business University of Dhaka Submission Date: Saturday, 17th May 2010. Table of Contents: Contents | Page | Introduction | 1 | Definition of Business, Law & Business Law | 2 | Sources of law | 3 | Different laws affecting business | 6-11 | Laws regarding commerce in Bangladesh | 12 | Laws regarding Industry in Bangladesh | 13 | Conclusion | 14 | Introduction: In the present world business plays an important role in every sphere of life. Business determines one’s life style, standard of living, education and even cultural standard. So to lead a bette-r life we need to understand business and study business. Business is dynamic – always changing. Coping with both predictable and unpredictable events can be easier, more efficient, and less traumatic if we understand business. Study of business will help us to understand that today national economies are no more independent entities rather interdependent and taking an uniform global shape, economic depression in U.S.A. has an impact on the whole world, business and global warming are not different issues, war in Iraq or Afghanistan has some kind of link with business, China becoming a factor in the world economy because of excellent business skill and the system known as “Free Enterprise”. However the road to success will be easier for those who understand how business...
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...in Business [Aspects of Contracts and Negligence for Business] Unit 5: Aspects of Contracts and Negligence for Business Unit Code: Y/601/0563 Assignment Title: Be able to apply principles of liability in negligence in business situations Assignment 4 – Scenario As a business law student provide a detailed article on the following to present to your lecturer, showing a clear understanding of the topics: Task 1 4.1 Apply the elements of the tort of negligence and defences in different business situations [Format: Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios; General defences: volenti non fit injuria; statutory authority; necessity; Act of God; special defences against specific torts; contributory negligence; Remedies: compensatory and non-compensatory] 4.2 Apply the elements of vicarious liability in given business [Format: Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios including: personal injuries, damage to property, economic loss, occupier liability; defences; contributory negligence; remedies] (This provides evidence for outcome LO4 – assessment criteria 4.1, 4.2) _ Assignment Unit 5 – Assignment 4 – HN Specification in Business Assignment 4: HN Business Unit 5: – Aspects of Contracts and Negligence for Business Outcome(s)/criteria: Indicative Characteristics Possible evidence ...
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...School of Business, BAC Learning Outcome 3 & 4 ------------------------------------------------- Name: Orbind Bhakta ------------------------------------------------- ID: 2013121024 SOUTHERN AUTOMOBILES LIMITED SOUTHERN AUTOMOBILES LIMITED ACKNOWLEDGEMENT I would like to acknowledge all the help from Southern Automobiles Limited especially Mr. Manoranjan Bhakta FCA (Managing Director) who gave me all possible important information and helped me with the actual contracts and scenarios of the business. I would also like to thank my respective course teacher Md. Ashiqur Rahman Bhuiyan for his exemplary guidance, monitoring and constant encouragement throughout the whole semester. Lastly I would like thank my respective parents, siblings, friends and colleagues to support and helped me to successfully complete full assignment . Table of Contents Contents TORT: 3 Intentional Tort: 3 Strict Liability: 3 Negligence: 4 Duty of care: 4 Breach of Duty: 5 Causation: 6 Vicarious Liability: 8 Reference: 12 LO 3 Understanding the principles of liability in negligence in business activities. TORT: The liability of the violation of a fixed law, law arises primarily; this duty is towards persons generally and its breach is capable of redress by action unliquidated damages. This is a civil wrong, in the sense that it is committed against an individual, not the State. The essence of tort law is that a person has certain interests that...
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...Torts assignment Completed Assignment S00095482 Word Count: 1,894 I have been asked to advise James, Stephanie, David and Vaughan on any rights and liabilities they may have arising from the relevant facts, considering also any relevant defences which could be argued and giving full legal reasons from the relevant facts. Such advice as will be given is made in consideration of the legal principles set out below. Vicarious Liability This concerns an employer’s liability for the tortuous acts and omissions of employees. [1] An employer is vicariously liable for wrongful acts done by the employee in the “scope of their employment”[1] [2] If a wrongful act of an employee has been authorised by the employer, the employer will be liable [3] An employer is liable even for unauthorised acts, if they are so connected with authorised acts that they may be regarded as modes of doing them. The test is whether the wrongful act may be considered a mode of performance, or whether it is so removed from an authorised act that it may be deemed independent. Duty of Care The general principle is that “a person is not liable for damage to another through his or her negligence unless a duty of care is owed” [2] [4] “The law concerns itself with carelessness only where there is a legal duty to take care. A person owes a duty to take reasonable care to avoid acts or omissions which he or she should have reasonably foreseen would be likely to injure his...
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...* Describe the natural law and positivist law schools. (100 word guideline). | Selected Answer: | Legal positivism and the natural law theory are rival views about what law is and its relation to justice and morality. Natural law is the set of truths of morality and justice and rejects ethical subjectivism and affirms ethical objectivism. Positive laws are commanded by political superiors. The consentrate of legal positivism is the "separation thesis" which can be defined as someone having the legal right to do something but not having the moral right to do it. They are general commands by people who themselves are not bound by them and who can also force obedience from everyone else. | Correct Answer: | [None] | Response Feedback: | [None Given] | | * Question 2 10 out of 10 points | | | Identify and explain the various sources of American law. (150 word guideline). | | | | | Selected Answer: | American law has a ranking system specifically associated with it. For Americans to know which body of law must prevail if there is a direct or even indirect conflict, this system is necessary. There are several primary sources of American law. The U.S. Constitution and decisions by the U.S. Supreme Court interpreting the U.S. Constitution, federal statues and treaties and as well as federal administrative law. The federal case law is to interpret anything outside of the U.S. Constitution. The federal law is also superior to all sources of state law. This...
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...statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis * Two aspects * Controlling precedents (binding authorities) * Departures * Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable remedies) * Plaintiffs, defendant * Action at law, action in equity * Merging * Equitable principles and maxims 3) Schools of legal though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative branch * Executive branch * Judicial branch 3) The commerce clause * State regulatory power – police power * “dormant” commerce clause – negative aspect of commerce clause: the states do not have the authority to regulate interstate...
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...Human Resource Management Institute (HRMI) Edexcel BTEC HND in Business – HRM – Batch 1/3 /M/E Unit No/Title: Unit 5/ Aspect of Contract and Negligence for Business Unit Code: Y/601/0563 Assignment No: 1 / 1 Assignment Title: Contracts and Negligence Law Unit Outcomes/Grade Descriptors Covered: |LO1.1 | |………………………………………………………….. | |……………………………………………. | |Registration Number | |Signature | |LO1 Understand the essential element of a valid contract in a business context |Grading |Assessment Type | | |(P/M/D) | | |LO 1.1 | | |Individual | | |Explain the importance of the essential elements required for the formation of a |P1.1 | | | |valid contract. | ...
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...INTRODUCTION This assignment endeavors to discuss in detail; (i). the circumstances under which words threatening violence may constitute a tortuous assault. (ii). How the victim’s consent may defeat an action for battery. It is thus arrived at with the aid extracted from works of various renowned scholars, judicial precedents both binding and persuasive, and the legitimate Acts of parliament as well as, the student’s module which is a guide to the course outline. Assault and battery are considered as a single offence under criminal law. However, tort law insists on taking them as separate offences and considers their distinction very essential. Assault is the act which creates fear for potential battery. In other words it is the very act that will lead the victim to apprehend an immediate violence of a battery, while battery is the actual infliction of unlawful force onto the victim. It follows therefore that where “X” stones “Y” but misses, constitutes an assault, the actual physical contact on “Y” becomes a battery. Both assault and battery are deemed and considered to be intentional torts. Meaning that, the defendant intended to cause the plaintiff to apprehend. The wrongful touching need not to inflict physical injury .That wrongful contact may as well be indirect (such as contact through a thrown stone; or spitting). ASSAULT An assault involves; • An intentional, unlawful threat or...
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...A Manager’s Handbook: “All people, regardless of race, religion or culture, harmoniously living and working together into the future” Contents Introduction to Law and Business Ethics and Social Responsibility 3 Legal Dispute Resolution Process and Alternative Dispute Resolution Mechanisms 4 Business and the Constitution and Administrative Law 5 Business Crimes, Business Torts, and Product Liability 6 Contracts 7 Business Structure and Securities Regulation 8 Business Property and Antitrust Law 9 Employment Law 10 Introduction to Law and Business Ethics and Social Responsibility Include in this section information from Assignment 1.2. BP Oil, crisis in the Gulf The careless and unethical approach that BP Oil practices when drilling for oil, led to one of the largest man-made disaster in history. The Gulf of Mexico has had devastating results due to BP’s lack of action in regards to emergency protocol. Though the spill has since been capped and controlled, the aftermath isn’t going anywhere soon, with new problems emerging daily from the spill itself and from cleanup efforts as well. The extent of damage is numerous, and will cost BP millions of not billions in awards from the many law suits that stand, as well as ones pending. BP will never be able to fully restore or recover what once was. 27,000 workers are presently involved with cleanup efforts; Scientists from all fields are giving advice as well. A major cause for concern for...
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