...Case Study 1 – Millan V. Dean Witter Reynolds, Inc. Plaintiff: Maria Millan Defendant: Dean Witter Reynolds, Inc. Appellant: Maria Millan Appellee: Dean Witter Reynolds, Inc. History of the case Trial Court: Dean Witter won. The broker was found 85% liable and the firm was found to be 15%. Lower appellate court: Dean Witter won. Overall winner: Decision upheld, the broker was found 85% liable and the firm was found to be 15% Facts: Maria Millian sued both her son and Dean Witter Reynolds, Inc. for negligence, gross negligence, conversion, and breach of fiduciary duty. Maria Millian opened two brokerage accounts with Dean Witter Reynolds, Inc. with her son. Her son Miguel forged her signature on an account application form and opened the account in her name. Miguel began to steal money from his mother’s account which totaled about $287,000. Trial court directed a verdict for Dean Witter on issues of vicarious liability. They found Dean Witter is 15% liable and Millan is 85% responsible due to not discovering the fraud sooner. Plaintiff’s theory: Miguel and Dean Witter Reynolds, Inc. stole money from Maria Millian by deceiving her. Because Miguel opened fraudulent accounts in the name of Maria Millian and wrote checks payable to cash, and because the company did not verify the signatures, Millian sued for negligence, gross negligence, conversion, and breach of fiduciary duty. Defendant’s theory: Dean Witter Reynolds, Inc. was not fully responsible for...
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...SYLLABUS LAW/531 Business Law Copyright ©2014 by University of Phoenix. All rights reserved. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student...
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...UK COLLEGE BUSINESS AND COMPUTING Module Booklet Course: EDEXCEL BTEC Group: Ed excel HND Group Module: Unit 5 – Aspects of Contract and Negligence for Business Module type: Module Code: Y/601/0563 Module Credit: 15 Teaching Period: (12+3 weeks) QCF Level: 5 Contact Hours: (15*3.75 = 56.25) Lecturers: 12 weeks Revision Clinic: 1 week Feedback and assignment guidance: 2 weeks Lecturer: Mr. Dalton Vincent Start date: 01/10 /2013 Day: Friday Time: 10.00 – 13.00 & 14.00 – 17.00 Room: LH 2 & LH 3 Term: Winter Term CONTENTS 1. INTRODUCTION, AIMS AND OBJECTIVES 2. MODULE OUTLINE AND TEACHING METHODS 3. READING AND COURSE PREPRATION 4. LECTURE WITH DETAILED COURSE PROGRAMME AND OBJECTIVES 5. ASSESSMENT DETAILS 6. INTRODUCTION 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...
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...HND BUSINESS MANAGEMENT COURSE: ASPECTS OF CONTRACTS AND NEGLIGENCE FOR BUS [Type text] Page 1 Tables of contents Executive summary-----------------------------------------------------------------Introduction--------------------------------------------------------------------------Case study 1a Augustine and Christina------------------------------------------1b Augustine and Florence------------------------------------------Case study 2a Richmond consultancy business---------------------------------Case study 3 Catherine and Daniel---------------------------------------------Case study 4a Telephones supplied cannot be modified--------------------4b Telephones supplied can be modified-------------------------Case study 5 Grace and Office Supplies Ltd-------------------------------------Case study 6 Alfred and George------------------------------------------------------Case study 7a Test for a Tortfeasor as an Employee------------------------------7b Test to determine if employee’s act was during employment-Case study 8a Mary and Barnett Hospital-----------------------------------------8b Mary and Joe---------------------------------------------------------8c Mary and Thomas--------------------------------------------------Conclusion---------------------------------------------------------------Reference/Bibliography------------------------------------------------ Pages Executive summary [Type text] Page 2 This report is made of eight sections (case studies)-case...
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...Chapter I INTRODUCTION Background of the Study Conflicts among inhabitants of a community is inevitable and the necessity of establishing a formal institution such as trial courts or courts of justice, to address conflict resolution is indispensible. The establishment of this formal institutions is based on the social contract theory wherein the government is duty bound to maintain order in a community and to protect and enforce the fundamental rights of its inhabitants in exchange for the surrender of some rights of the latter. All these, follow the course of administration of justice. Administration of Justice examines the structure, function, laws, procedures, and decision-making processes of agencies that deal with crime management. Courts of justice plays a very important role in the administration of justice. Almost all countries experience problems in the administration of justice. The degree of seriousness of these problems varies depending on several factors. The most common among these problems is the increasing number of court dockets and flaws in the laws being interpreted and implemented. In the Philippines, Courts, in the administration of justice, follows a hierarchy of courts. There are four (4) levels of courts in the Philippines, wherein it is the Supreme Court that is at the apex of this four-tiered hierarchy. At the lowest level of the hierarchy are the first-level courts, consisting of the Municipal Trial Courts (MTCs), Metropolitan Trial...
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...trade or business OR -meet the express requirements of the taxpayers employer, or the requirements of applicable law or regulations, imposed as a condition to the retention by the taxpayer of an established employment relationship, status, or rate of compensation -the education must not be: -education for Minimum education requirements, or -education for qualification for a new trade or business I. Citation: Rev. Rul. 74-78, 1974-1 C.B. 44 II. Facts: The taxpayer, a dentist engaged in general dental practice, returned to dental school for postgraduate study in orthodontics. He attended dental school on a full-time basis continuing his dental practice on a part-time basis. Upon completion of his postgraduate training he became an orthodontist and limited his practice to orthodontic patients. III. Issues: 1. Whether...
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...Text: Miller/ Jentz, Business Law Today – The Essentials, softback -9th Ed., West,(2008). Bulletin Description: Introduction to the role of law and administrative agencies in business transactions; case studies in torts, property, contracts, sales, agency, business organizations, and employment law. Prerequisites: BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives: This course is part of the BSBA degree program to provide students abilities to: • Demonstrate cognizant skills through case briefs and essays/reports. • Demonstrate successful, participatory team and peer performance. • Apply sound business processes to solve business problems and incorporate critical thinking skills to a series of integrated projects. • Demonstrate, through role playing and/or cases, ethical problem-solving in course content specific situations. The overall purpose of this course is to provide students with a basic understanding of the areas of law that primarily impact business transactions and organizations. Specifically, the course is designed to enable students to: • Demonstrate an understanding of the operations of the U.S. legal system. • Explain the role of administrative agencies in the regulation of business, e.g. Department of Commerce, Department of Labor, Equal Employment Opportunity...
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...Strategic Management MID assignment 1. Describe the four elements of PEST analysis ? Answer : The PEST analysis is a useful tool for understanding market growth or decline, and as such the position, potential and direction for a business. A PEST analysis is a business measurement tool. PEST is an acronym for Political, Economic, Social and Technological factors, which are used to assess the market for a business or organizational unit. The PEST analysis headings are a framework for reviewing a situation, and can also, like SWOT analysis, and Porter's Five Forces model be used to review a strategy or position, direction of a company, a marketing proposition, or idea. To get the most out of a PEST analysis, businesses should understand each of the four factors. 1. Political : * New state tax policies for accounting * New employment laws for employee handbook maintenance * Political instability in a foreign partner country 2. Economic: * International economic growth * Changes in interest rates 3. Social : * Shift in educational requirements and changing career attitudes * Population growth rate 4. Technical : * Automated processes in the industry * Rate of innovation * Changes in technology incentives 2. Give four examples of other external factors not featured in the case study. There are few more factors which affects business than PEST analysis factors. Few of them are as below: (1) ENVIRONMENTAL FACTORS : Environmental...
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...BUSINESS LAW BLO1105 2014 Prepared by Darren Parker BLO1105 – Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial...
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...Michigan University College of Business Administration Department of Finance and Law BUSINESS LAW – Sp 2014 BLR 235, GRAWN 203 Section # 22241532: 8:00 – 9:15 Section # 22241533: 9:30 – 10:45 Section # 22241535: 11:00 - 12:15 BE RESPECTFUL OF OTHERS – DO NOT ARRIVE LATE OR LEAVE CLASS EARLY SEE BLACKBOARD@CMICH.EDU FOR SYLLABUS AND DATA INSTRUCTOR: DR. ELIZABETH A. CAMPBELL, J.D. (campb1ea@cmich.edu) 205F Smith Hall; 774-4426 Office Hours: T/Tr 7:00-8:00; T/TR 12:15-1:45 *cell phone calls cannot be returned No electronic devices permitted in class Be respectful of others – do not arrive late or leave class early without good cause Text: Miller/ Jentz, Business Law Today – The Essentials, softback -9th Ed., West,(2008). Bulletin Description: Introduction to the role of law and administrative agencies in business transactions; case studies in torts, property, contracts, sales, agency, business organizations, and employment law. Prerequisites: BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives: This course is part of the BSBA degree program to provide students abilities to: • Demonstrate cognizant skills through case briefs and essays/reports. ...
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...Case Study Analysis Template Analyst’s Name: ¶ Levi Mohorich Date: ¶ 2/23/14 Case Study Name: ¶ Google, Inc., in China I. The Pre-Analysis: A. Perspective: 1. Author’s Perspective. Describe the perspective of the author(s) of the case study and possible biases of the author(s): ¶ The case was wrote by Kirsten E. Martin, the Assistant Professor of Business Administration at George Washington University, School of Business. She has her Ph.D. from Darden Graduate School of Business, University of Virginia. Her main research interests are business ethics, privacy, technology and stakeholder theory. It might be possible that she is biased towards China for their privacy restrictions and ethical values. Based on her previous research work, she probably values ethical behavior highly and technology innovations. 2. Analyst’s Perspective. Describe your perspective as the analyst: ¶ My perspective is that of a college student majoring in Marketing and Advertising Management. I am a strong believer in ethics and moral behavior. I have worked for an entertainment company for 8 years and my boss taught me to always do the right thing. I don’t know much about China and the details of their privacy laws or their government regulations. I do know that they block social media sites such as Facebook and YouTube but that's about it. I am an avid Google user though, I probably use Google almost every single day, or at least...
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...NEGLIGENCE FOR BUSINESS TABLE OF CONTENT EXECUTIVE SUMMARY…………………………………………………………………..3 INTRODUCTION……………………………………………………………………………4 CASE STUDY 1: OFFER AND ACCEPTANCE…………………………………………5 CASE STUDY 2: CONSIDERATION……………………………………………………..6 CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION……………………..7 CASE STUDY 4: contractual terms……………………………………………...……7-8 CASE STUDY 5: exclusion clause……………………………………………………8-9 CASE STUDY 6: Tort of negligence …...……………………………………………9-11 CASE STUDY 7: vicarious liability……………………………………………………12. REFERENCE LIST………………………………………………………………………..13 EXECUTIVE SUMMARY CASE STUDY 1: OFFER AND ACCEPTANCE This case involves term such as: offer, acceptance offer, difference between offer and treat, invitation of treat and acceptance of an offer by post. CASE STUDY 2: CONSIDERATION This case of study involves terms such as: part payment, principle of promissory estoppel Pinnels case (1602) and foakes beer (1884). CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION This case of study involves terms such as: intention to create legal relation, domestic contract, social contract and commercial contracts. CASE STUDY 4: contractual terms This case of study involves terms such as: meaning of contractual terms, representation, types of contractual terms. CASE STUDY 5: exclusion clause This case of study involves terms such as: meaning of exclusion clause and legal rules governing the legality of the exclusion clause. CASE STUDY 6: Tort of negligence...
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...BTEC CENTER OF HFUT SCHEME OF WORK |Program |Business in Management and Business in Accounting Services | |Unit No |5 | |Unit Title |Aspects of Contract and Negligence for Business | |Name of Tutor |Zhang Hongsheng | |Name of Internal Verifier | | |Date Submitted | | |Week |Topics To Be Covered |Mode |Remarks | |1 |Offer and Acceptance |Lecture | | | | |Case Study | | | | |Q & A | | |2 |Intention to Create Legal Relations; Consideration |Lecture ...
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...| | | | | La Trobe Law School | | LST2BSL: INTRODUCTION TO BUSINESS LAW | | Subject Learning Guide Semester 12015Melbourne (Bundoora) and DandenongSubject Coordinator: Mr. N. Balu Rao | | ENQUIRIESMr. N. Balu RaoSenior LecturerLa Trobe LawLa Trobe UniversityVictoria 3083 | T 03 9479 2824E N.Rao@latrobe.edu.au | Table of Contents Subject Details 3 GENERAL DETAILS 3 ENROLMENT REQUIREMENTS 3 STAFF CONTACTS 3 SUBJECT DESCRIPTION 4 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 4 FACULTY GRADUATE CAPABILITIES 4 LEARNING ACTIVITY SUMMARY 4 ASSESSMENT AND FEEDBACK SUMMARY 4 LEARNING RESOURCES 5 STUDENT FEEDBACK ON SUBJECT SURVEY 5 ACADEMIC INTEGRITY 5 Schedule of Learning Activities 6 Session Plan: 6 Learning Activity Details 7 Lectures: (Weeks 1-12) 7 Seminars: (Weeks 2-12) 7 Assessment and Feedback Details 8 Learning Resources 11 Readings 11 Academic Language and Learning Unit (ALLU) 11 Learning Management System (LMS) 11 Library 11 Student Support Services 12 Learning Summary 12 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 12 FACULTY GRADUATE CAPABILITIES (FGCs) 12 Make the most of this subject 13 Work consistently 13 Practise legal problem solving 13 Participate in all the learning activities 13 Lecture notes 13 Allow sufficient time for study 13 Become a member of a private study group 13 Policies, Procedures and Guidelines 14 Academic Integrity 14 Special Consideration 14 Extensions, Late Submissions...
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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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