...Child Bullying and Workplace Violence Kyle Gerner Dr. Kenneth Lynch Business Law I 4 May 2013 Child Bullying and Workplace Violence Child bullying is one of the greatest challenges the younger generation faces today, in my opinion, while work place violence is problems faced by adults. To me it would seem the mitigating factor of bullying is associated with the divorce rate that is in America, while it seems for workplace violence there is no one real cause. We will cover a wide variety of topics today, but a special emphasis will be placed on bullying as it is something that deeply saddens me and is likely to deeply sadden you after I share my thoughts and essentially ethics regarding this matter. Three of the reasons children may be preyed upon are poor social skills, they may have no or few friends, and being non-confrontational, (McIntire, Franks, n.d.). “Tracing the ferment of workplace violence back to its root causes involves looking into the role of individual behavior, the interaction of a set of risk factors and the situations presenting the greatest risk, (Causes of Workplace Violence, n.d.). Children with Poor Social Skills When kids have poor social they are generally isolated and choose to keep to themselves, thus allowing bullies to pick on them. Seeing as how they are pointed out among most of the children in schools, it is no wonder they are chosen by bullies. I can remember countless times growing up in school that the children who were always...
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...Business Law CIRCLE THE LETTER IN FRONT OF THE BEST ANSWER 1. John files a lawsuit against Mary for damages arising out of a breach of contract. This case is a(n): a. equitable action b. criminal proceeding c. civil lawsuit d. public law case 2. The highest source of law in the United States is: a. an executive order of the president b. an interstate compact c. the Unites States Constitution d. a state constitution 3. The ____________ is composed of a distinguished group of lawyers, judges and law teachers who have assumed the task of preparing “an orderly restatement of the general common law of the United States.” a. New York City Bar b. American Law Institute c. U.S. Supreme Court d. National Reporter System 4. Which of the following is NOT considered to be an equitable remedy? a. specific performance b. injunction c. reformation d. money damages 5. The person who files or commences a civil suit is the: a. plaintiff b. defendant c. prosecuting attorney d. attorney general 6. Larry is called for jury duty and is selected for possible service on a jury. However, when he is questioned by the defendant’s attorney during voir dire, he admits that he thinks the defendant is guilty based on news reports that he saw on the local television news. The defendant asks the judge to excuse Larry from serving on the jury and the judge agrees. a. This is a valid challenge...
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...Business Law I Test Quiz 3 Instructions This quiz consist of 20 multiple choice questions. The first 10 questions cover the material in Chapter 7. The second 10 questions cover the material in Chapter 10. Be sure you are in the correct Chapter when you take the quiz. • Question 1 4 out of 4 points ________ damages compensate a party for losses that occur as a foreseeable result of the breach. Answer Selected Answer: Consequential Correct Answer: Consequential • Question 2 4 out of 4 points Conditions ________ occur when the mutual duties of performance are to take place simultaneously. Answer Selected Answer: concurrent Correct Answer: concurrent • Question 3 4 out of 4 points A third party beneficiary is someone who is not Answer Selected Answer: a party to the original contract. Correct Answer: a party to the original contract. • Question 4 4 out of 4 points Which of the following was the result in Copeland v. Baskin Robbins, the case in the text involving the issue of whether a party may be held liable on the theory that the party wrongfully failed to engage in contract negotiations? Answer Selected Answer: That a party may be held liable for breaching an agreement to engage in negotiations but that the plaintiff must establish damages based on reliance on any such agreement. Correct Answer: That a party may be held liable for breaching an agreement...
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...MEDIA REPORT ANALYSIS [1702 words] 1. Identify areas of law addressed in the chosen media report, and explain how they are relevant to the matters outlined in the report. This chosen article reports on the prosecution of the directors of a medical practice company called Medical Centre 2000 at Liverpool in Sydney for discriminating against a visually-impaired employee and underpaying her more than $20,000 for about 3 years. Civil Law Civil law can be illustrated in this case when workplace law and disability discrimination have been breached and the victim will be provided with legal remedies by the offenders. In the media report, it have been mentioned that doctors face criminal penalties for underpaying the disabled worker. As a result of this offence, they had to rectify the underpayment of the receptionist after legal proceeding was carried out. She also claimed monetary damages in cash as compensation for her loss and harassment. Corporations Law Medical Centre 2000 is a corporation which its business foundation is established, organised and administered regarding corporations law. It was discovered that the company and operators were breaching disability discrimination under the Fair Work Act. When the company received a disability worker subsidy, they were supposed to pay the blind receptionist a rate of $10-$17 per hour instead of paying less than $8 per hour. With that, they have breached their duties and have failure acting in good faith. In order to...
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...Social Media By O’Dane Johnson LEG100 Business Law I Professor Ericka Harden Strayer University, FL 2014 Abstract According to Constant Contact’s 2011 Small Business Attitudes & Outlook Survey, 73% of small businesses & organizations have started using social media marketing and 62% of those not using it expect to start marketing through social media. (Inc., 2011) We are living in a world where technology is changing the way we live, entertain, communicate, interact and more so than ever before the way we do business. The most effective way that companies are promoting and marketing their business today is by means of social media. Social media is a great way to drive repeated business and to attract new customers. Social networks, like Facebook, Twitter, LinkedIn, and Pinterest are the places where social interactions occur more rapidly. In this article we will examine one of the world’s largest and well known social media that is used worldwide to promote and market their business, Facebook. We will look at the more suitable ADR that can be used to address issues that may arise. We will further analyze how the federal government controls the consumer transactions. This paper will further examine the agency relationship for utilizing Facebook for advertising. In conclusion we will look at the overall use and effect of using Facebook as a marketing medium. As social media continues to change and...
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...Potential Remedies BUS311: Business Law I (BAI1247A) Tony Sgarlatti January 5, 2013 There are six elements to an enforceable contract. First of all, they must offer and acceptance, mutual agreement, consideration, competent parties, legality of purpose, and proper form. Contracts may be classified in many different ways, and it mainly depends on how they were formed and crafted. A contract may be either written and/or oral. It can be formal or simple as well (Liuzzo & Bonnice 2010). Bearing in mind the situation will decide how these six elements come into play with the particular contract. Consumers are to expect that when they hire someone to fulfill these contracts, this person will complete the task as fast as they can, and be detailed oriented. Any changes or mess-ups could cause money to be lost and thrown down the drain. The money fuels the contractor, and the buyer/ client is fueled by accuracy and flawlessness of the contract. The client puts a lot of trust in the contractor and expects them to be self-driven and complete what is necessary. Doing complete and accurate work in a timely manner is expected on all levels, especially as more money is put on the table. There are many reasons why a contract would be implemented and created. Revisions are common among parties to create a more custom contract. (Luizzo & Bonnice 2010). Substantial performance occurs when a party to the contract, in good faith, executes all the promised terms...
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...Class Action Law Suits Allen R. Yates One of the most fascinating aspects of business law is the class action lawsuit. I find this intriguing because class action law suits are often litigated on the same principles as other types of civil action suits, however, the outcome of the class action lawsuit often may have a deep impact on our society, as well as our legal system as a whole. In a normal civil lawsuit, where the plaintiff is the victor, said plaintiff is typically well compensated for their respective damages. Thus it can be viewed that is how justice is served in these cases. In the class action lawsuit where the plaintiffs win, often the individual is not proportionately compensated for their damages as compared to the victor in the average civil suit. In fact there have been class action law suits that have been held in favor of the plaintiffs, damages have been rewarded by the courts, but the individual did not receive a cent of monetary compensation. Yet, in these cases, justice has still been adequately served on the basis of morality. . In this paper, we are going to take a look at class action lawsuits. This paper will cover the history of class action lawsuits, what exactly a class action law suit is, how a class action suit is filed, and we’ll take a look at some of the more famous and impacting class action lawsuits in our nation’s history. The history of most of the United States legal system is deeply rooted in the heart...
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...themselves from the plaintiff and began working for a competitor, Red Bull New York, between August and November 2007. The plaintiff claimed that the defendants were contradiction the covenants mentioned above because of his immediate drop in customers since the defendants left. The defendants claim that all of the information can be readily found on the internet and that they had not disclosed any confidential information. If the defendants were to be found guilty then the consequences would be an oppressive and unfair scenario. Therefore, the motion for preliminary injunction was denied in favor of the defendants. Plaintiff’s Theory: The plaintiff claimed that the now former employees were in violation of their contract and has caused his business hardship, therefore they should be terminated and not allowed to work in competition with his company. Defendant’s Theory: They were not in violation of the contract and that all of the information that they...
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...Business Entities Jessica Perez BUS 311 Business Law Instructor: Janet Fiorentino 12/1/2014 As the manager of Acme Fireworks, I need to gather information to help the owner determine whether or not he should continue to be a sole proprietorship or if he should switch to another business entity. I will help him do so by explaining each entity and how they relate to his business situation. I am the manager of Acme Fireworks, a fireworks retailer who sells fireworks, puts on ground display fireworks, and large aerial display fireworks. The company started in the owner’s garage two years ago and now has 15 employees that you manage. The company started as a sole proprietorship, and the owner has never changed the entity. The owner has informed me that the company has received inquiries from several large businesses wondering if the company could create several fireworks displays on a regular basis. The owner told the inquirers that the company could fill such display orders, and a price per display was agreed upon. It was discussed that most of the cost for a fireworks display is for skilled labor, insurance, and the actual service of setting off the fireworks. No other details were discussed. The owner is anticipating that new employees will need to be hired, but he is worried that if the large orders for fireworks displays do not continue, the company will not have the funds to pay the new employees. The owner is now considering changing the business entity, but he...
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...Acme Fireworks Name Course Instructor Institution Date of Submission Acme Fireworks Business Contracts The business contract is considered as the common legal transactions most business people get involved to ensure the activities run smoothly. When a person understands the contract law, he/she is good to create a sound business agreement. However, the agreement would be legally enforceable in case something bad happens. As the manager of Acme Fireworks, I was requested by the owner to determine which law between common law and the Uniform Commercial Code (UCC) will govern the business. According to Sheleff, (2013), the common law controls the majority of contracts that include intangible assets, employment, real estate, services, and insurance. On the other hand, the Uniform Commercial Code (UCC) governs contracts for the securities and sale of goods (Meiklejohn, 2008). Therefore, the contract between Acme Fireworks and the retailers would be governed by Uniform Commercial Code (UCC). There are various articles in the UCC and specifically, Article 2 deals with the transaction of goods. The statute in the article stipulates precisely the regulation of sales to consumers and other classes of buyers. Acme firework is a retail outlet that deals with the sale of fireworks and also displaying them. It will enter into a contract with other large businesses to produce large quantity on a regular basis, and it would...
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...BUS311: Business Law I (BBL1544A) Instructor: Jennifer Stephens 11/16/2015 2 Managing a company comes with great responsibility. Sometimes different changes will have to be made by the manager to better the company. Law relevant to the situation should be a major part of company changes. Not following these laws could negatively impact the company. Determine if the contracts with the businesses will be governed by common law or the Uniform Commercial Code (UCC), and explain why. I will define what it is to be governed by common law. I will also discuss what it is to be governed by the Uniform Commercial Code (UCC), and why. I will explain how each will affect the business and compare the two. I will point out which one would be best for the company and why. Analyze whether the owner formed a contract with the businesses, and apply the five essential elements of an enforceable contract. In this section I will analyze everything regarding the contract. I will discuss how to determine if there is a true contract or not. I will discuss the guidelines of having a true contract. I will also discuss the five essential elements of an enforceable contract. I will compare these with the information we have for the contract between the owner and business. Explain the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display. In this section I will explain personal liability. I will also...
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...Running Head: LEGAL UNDERPINNINGS OF BUSINESS LAW Legal Underpinnings of Business Law BUS 670: Legal Environment Instructor: January 2, 2014 This assignment will fall on the presumption that I own a business, and it falls into one of the five different categories and company names as follows Tinker’s Home Security Service (sole proprietorship), Tinker & Tailor’s Home Security Service (general partnership), Tinker & Tailor’s Home Security Service (LP), Tinker & Tailor’s Home Security Service, Inc. (corporation), Tinker & Tailor’s Home Security Service, LLC (LLC). Furthermore, this assignment will focus on the fact the businesses are being sued for breach of contract and from there I will list each business and compare and contrast my liability exposure as the owner of the business in the lawsuit. Next for each of the business entities I will analyze how I might limit my liability exposure as the owner. Lastly, this assignment will cover the best business organizational form in the business; I previously described, which will include my personal liability exposure, management, taxation, and the ease of formation of said business. Compare and Contrast my personal liability exposure | Liability Exposure as Owner | Limiting Factors | Tinker’s Home Security Service | Sole Proprietorship | "The sole proprietorship is not recognized as a separate entity from its owner; as a consequence, the debts of the business are deemed to be the personal debts...
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...Final Paper – Acme Fireworks As the manager for Acme Fireworks, I have been asked to determine if common law or the Uniform Commercial Code (UCC) will govern the contracts entered into by Acme Fireworks. In addition, I am to analyze whether the five essential elements of a contract have been met. Acme Fireworks is currently licensed as a sole proprietorship. As such, I will examine any potential personal liability they may have if a spectator was to get injured during a firework display. Further, I will compare the different employment types available to Acme Fireworks. Lastly, I will analyze and recommend a new business entity that would fit the needs of Acme Fireworks going into the future. Governed by Common Law or UCC Common law “emphasizes the making of rules through court decisions” (Rogers, 2012). The court will base their decisions on prior cases with similar legal issues. The Uniform Commercial Code (UCC) is “a summary of traditional common law rules governing commercial transactions” (Rogers, 2012). Since the UCC governs contracts between businesses, I believe that the UCC would be the organization that would enforce the contracts between Acme Fireworks and the other large businesses. Five Essential Elements of a Contract A contract is formed when two or more parties come to a mutual agreement regarding the terms of the sale of goods, services rendered or any other legal transaction (Rogers, 2012). The first required element of the contract is that it is...
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...and physical resources As my business is starting up there are several legal statuses that I can have which are; Legal Aspects; * My legal status: Sole trader * Legal liability: Unlimited liability * Trading terms and conditions: Being owner of the business this means that I can do as I wish and go against the terms and conditions which I have set for my business, for example of a term would be the closure of the shop at 9pm A sole trader owned company is a business which is owned just by one person. There are several disadvantages and advantages when being a sole trader. Being a sole trader will mean that a lot of the businesses work will be on one person’s shoulders. This means there will be a lot of pressure and stress on the single person. Having privacy within a company is highly important, being a sole trader means that you have full control of the business and its financial incomes, this means that other companies don’t have access to your information. Also there are fewer legal restrictions so this will allow the business to be more flexible. However, hours are generally longer and working alone may mean that they will need more acquired skills for their business. Also there is no obligation when it comes to sharing profits. I have chosen to be a sole trader because as my business is small I feel like it would cause less complications then if I was to start as a partnership. Partnership A Partnership is where a business is generally owned by a minimum...
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...LEGAL FORMS OF BUSINESS Legal Forms of Business Law/531 April 12, 2012 Robert Payne Legal Forms of Business Choosing the proper business organization structure is one of the most important decisions that a business owner must make. The type of organization will determine how the business handles tax matters and whether there is protection against personal liability. A business owner should consider several factors in choosing a business structure, including the number of individuals in the business, type of business, profitability of the business and insurance. In this paper I will explain the legal forms of business, sole proprietorship, partnership, limited liability partnership, limited liability company, S corporation, franchise, and corporate form. I will develop a scenario explaining each form of business and why it was chosen. Sole Proprietorship “A sole proprietorship is the simplest form of business organization. The owner of the business, the sole proprietor, is the business” (Cheeseman, 2010, Business Ethics and International Issues, pg. 530). For example, an individual who makes and sells jewelry for a profit would benefit from being a sole proprietorship. It is the easiest business to form, does not cost a lot, and must be registered with the Secretary of State. The sole proprietor would own all the business, have the right to all the profits, and will not pay taxes on the business because sole proprietorships are not separate legal entities...
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