...Written Assignment 4 In this case study, Raymond Smith purchases a new car from an unnamed dealer. When Mr. Smith purchased this car, he signed a contract that specifically limited liability for personal injuries as a result of defect in the car, and limiting the solution for any breach of warranty to repair or replace the defective part(s). Unfortunately, one month after purchasing the car Mr. Smith was seriously injured due to an accident in the car caused by a defect in the steering mechanism of the car. Following the crash, Mr. Smith decides that he would like to sue the dealer for breach of warranty; however the dealer defends this action by relying on the contract disclaimer. Despite having specific language in the contract which limits the dealers liability, [UCC 2-314(1), 2A-212(1)] explicitly shows that good may come with an implied warranty. In this instance, there is an implied warranty on the car that it must perform the normal actions of a new car. These actions may be proper steering, braking, etc. According to the UCC, “goods must be fit for the ordinary purpose for which they are used”. Mr. Smith purchased a car expecting it to be able to be used as a car normally does, in this case simply driving/steering. Due to the defect in the steering mechanism, the car was not fit for the ordinary purposes of which it would normally be used. Taking into account that Mr. Smith sustained serious injuries in this crash, it is safe to assume that the car had considerable...
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...Risk Management- Drunken Patient Lawsuit LAW/531 February 17, 2014 Risk Management- Drunken Patient Lawsuit The IRAC method is an instructional tool that can aid students in the comprehension and evaluation of information so that they can make informed value decisions. It is an acronym for Issue, Rule, Analysis, and Conclusion. Although this is a legal model used to evaluate hypothetical situations in law cases, it is by no means limited to the study of the law. Useful for case studies presented in varied mediums such as narratives, videos/films, or recordings, the IRAC method may be applied to other activities such as defining a term or demonstrating a concept, principle, relationship, analogy, or contrasting idea. Often the instructional focus is on the end result of case study discussion rather than on how to "walk through" a method or approach to be used by the students in the case analysis (Bittner, M.1990). Issue: A recent court ruling should motivate hospital risk managers to conduct a careful periodic review of their facility's procedures and legal obligations when it comes to treating intoxicated patients. The patient, Kevin Kowalski, later wandered onto a nearby highway and was struck by a car, leaving him paralyzed below the neck. Throughout the case, Mr. Kowalski contended that even though he decided on his own to leave the hospital, the hospital should have prevented him from doing so based on his level of inebriation. Analyze: In order to analyze...
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...Students may be concerned that writing and referencing a law academic paper is ‘different’ to other types of academic papers. This is not correct except that perhaps the level of analysis required may be greater and more reliance on primary sources (e.g. precedent cases and legislation) and secondary sources (textbooks, articles) may be required. But the basic fundamentals are still the same: a well-structured piece of work that leads the reader through a discussion of a particular problem or issue. There should be an introduction, a body and a conclusion. Inevitably, either you will be required to put up arguments for hypothetical parties dealing with a hypothetical business problem or you may be asked for your view about a particular legal issue. It is essential that you base your arguments and views on legal principles and cases and thus reliance on what others have written is necessary. This guide attempts to provide you with some assistance in writing and referencing law academic papers. Some basic resource materials are also noted. [NB: This guide is a starting point only.] There are two types of Law Academic Papers Students who take the Business Law Major will inevitably be expected, at some stage, to answer at least two different styles of legal questions: legal case studies and essays. Legal case studies These are questions based on a set of hypothetical facts. The purpose of legal case study questions is both to engage you in problem solving and...
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...questions below should be yes if you have drafted a quality thesis statement. 1) Does the thesis statement respond to the writing prompt? Yes 2) Did you take a position that others may oppose? Yes 3) Is the thesis statement specific? Yes 4) Does the thesis pass the “So what?” test? 5) Does the thesis statement not leave the reader with questions? Part 2: Gathering Resources Assignment Directions: Use the GCU elibrary to find three sources to use in your persuasive essay. Fill out the requested information in the table below about your sources. | Article 1 | Article 2 | Article 3 | Title and Author(s) | Challenging the Death Penalty w/Statistics: Furman, McCleskey, and a Single County case study.Shats, S. and Dalton, T. | Religious Characteristics and the Death Penalty.Miller, M K., Hayward, R D. | Ending death by dangerousness: A path to the de facto abolition of the death penalty.Berry, William W. | Persistent GCU Library Link |...
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...Pradesh Manufacturing Unit 8: Uttar Pradesh Manufacturing Unit 9: Delhi Manufacturing Unit 10: Delhi Manufacturing Unit 11: Uttar Pradesh Manufacturing Unit 12: Delhi Manufacturing Unit 13: West Bengal Manufacturing Unit 14: West Bengal Manufacturing Unit 15: Karnataka Summary of Industry Requirements Study Team 1 2-10 11-13 14-16 17-18 19-20 21-24 24-27 28-30 31-32 33-34 35-38 39 40-41 42-43 44-45 46-48 49 Case Study Report Productivity and Competitiveness of Indian Toy Manufacturing Sector Diagnostic Case Studies Introduction This report contains diagnostic case studies of fifteen toy manufacturing units selected from seven different toy product categories. The study focuses on unit specific problems related to production, raw material availability, marketing, finance, productivity, export performance etc. These case studies also throw light on other aspects of the working of these units such as product range, market scenario, taxation structure etc. Though the manufacturing units produce a wide range of toy products, for the study purposes the units have been broadly grouped under seven major product categories. Number of manufacturing units taken up for detailed case study based on the seven major product categories are given below. Product categories and the manufacturing units studied: S. No Product category Manufacturing units 1. Manufacturing Unit 2. Manufacturing Unit 3. Manufacturing Unit 4. Manufacturing Unit 5. Manufacturing Unit 6. Manufacturing Unit 7. Manufacturing...
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...MEDFORD UNIVERSITY CASE STUDY ANALYSIS #3 Leilani P. Sharp Potomac College Abstract Medford University is a research university with about 10,000 students. It has a good liberal arts undergraduate program, a top-rated medical school, and a fine law school. It employs about 12,000 people. A majority of these employees work at the university hospital. Lately, the university has faced significant financial pressures. The hospital is under pressure to reduce costs because of changing health care regulation and insurance coverage. INTRODUCTION 1. President Kobayashi appointed a task force to consider the issue of fringe benefits. She could have asked the university’s human resources department to design a plan. The appointed task force to reduce expenditures and design a new package for the fringe benefit package offered to faculty and staff of Medford University. At the same time, President Kobayashi wants to maintain the quality of the faculty and staff abroad. This task force would consist of different members of the faculty and staff in hoping that each member would have specific knowledge to help or to contribute in the decision making process. As far as the human resources department in creating a new fringe benefit package for the faculty and staff, this may have caused some questions and raised eyebrows from employees in thinking that the package is geared toward the upper class members, the rich and the possibility to show more...
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...Heritage Doll Company Capital Budgeting Solution book. Here The Access Download Page of NEW HERITAGE DOLL COMPANY CAPITAL BUDGETING SOLUTION : Sign up to download New Heritage Doll Company Capital Budgeting Solution Download or Read Online new heritage doll company capital budgeting solution in PDF format New Heritage Doll Company Capital Budgeting Solution Sign up to download New heritage doll company capital budgeting solution. Date shared: Mar, 20 2015 | Download and Read Online New Heritage Doll Company Case Study Solution Sign up to download New heritage doll company case study solution. Date shared: Mar, 02 2015 | Download and Read Online Heritage Doll Case Solution Sign up to download Heritage doll case solution. Date shared: Mar, 02 2015 | Download and Read Online Capital Budgeting Case Study Solution EBOOKS FILE : NEW HERITAGE DOLL COMPANY CAPITAL BUDGETING SOLUTION APPROVALBOOK.COM Sign up to download Capital budgeting case study solution. Date shared: Mar, 02 2015 | Download and Read Online Page 2 Capital Budgeting Exam Questions Answers Sign up to download Capital budgeting exam questions answers. Date shared: Mar,...
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...Ratification: an agent secures a contract on behalf of the principle and the principle agrees to it. Buy custom Law of Agency: Amber and Ashgan Case Study Analysis essay The law of agency applies to both the two individuals in the case given that they possess an agent-principal type of relationship. Thus, the law of agency between the two is narrowed-down to the duties of the agent in respect to their respective principals. It should be noted Ashgan, the personal assistant, is the agent while Amber, who happens to be the employer, is her immediate Principal, The first duty of Ashgan, as an agent, is not to become the principal as against her employer’s or principal’s knowledge. This duty, on the part of the agent, is meant to prevent her from situations in which there will be possible conflict of interest between her duty as an agent and her personal interest. Notwithstanding, a breach against this course of duty renders the contract, entered into by the agent, as voidable at the desire of the true principal. For this case, the contract to purchase the limited edition, sliver Bays-water Tote handbag created the aforementioned type of conflict and thus, it was Amber to decide whether or not the contract was voidable. Second, the agent has a duty not to engage in business activities and hence making secret profits. It should be noted that secret profits is a phrase taken to mean any form of material or financial benefit that may be accrued on the part of the agent without...
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...letters in industry or for a class, knowing your purpose and audience will help determine what information to include. Generally, business letters follow a particular format, although your instructor or company may require you to use alternative formats. This guide provides writers with an introduction to writing business letters. Case Studies: This guide examines case studies, a form of qualitative descriptive research that is used to look at individuals, a small group of participants, or a group as a whole. Researchers collect data about participants using participant and direct observations, interviews, protocols, tests, examinations of records, and collections of writing samples. Starting with a definition of the case study, the guide moves to a brief history of this research method. Using several well documented case studies, the guide then looks at applications and methods including data collection and analysis. A discussion of ways to handle validity, reliability, and generalizability follows, with special attention to case studies as they are applied to composition studies. Finally, this guide examines the strengths and weaknesses of case studies. Desktop Publishing: Desktop publishing is the process of laying out and designing pages with your desktop computer. With software programs such as PageMaker and Quark Xpress, you can assemble anything from a one-page document to a...
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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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... 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. • Demonstrate successful, participatory team and peer...
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...answers. The assignment must be 1-page in length with a minimum of 2 outside sources. Chapter 14 A large American multinational corporation wants to establish a telephone and email hotline for employees to report wrongdoing within the company. The company has offices in the European Union and wants to ensure that it avoids violations of E.U. data protection laws. What steps can the company take to increase the likelihood that its hotline reporting system remains in compliance? To start with, all parties should be brushed up on existing laws and regulations and the consequences of non-compliance. Far too often there are incidents in which ignorance is claimed but the ignorance seems to be intentional. In fact it would be a good idea to regularly review such laws for their company and in their state as well as any laws that are applicable with the countries they do business with. Though it is understandable and certainly possible to not be aware of every law pertaining to your business and its practices and this is why there are lawsuits sometimes, due to the fact that someone really didn’t know. In the case of something like Yahoo and the French court dealing with access to purchase Nazi paraphernalia, one would have to wonder if this didn’t “feel right” to begin with by making it acceptable. Having things like that accessible can only bring on more fuel for breeding hate although if something is not found in one place it can be found elsewhere. If you hesitate with...
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...Unit 5 IP – Challenges and Security Issues American InterContinental University Abstract In this assignment, review of three different case studies will be discussed. Topics will include when an antivirus software cripples your computer, determining how secure cloud computing is, and electronic medical records systems. After the review of each case study, a set of questions will be answered to provide details on each study as to what was reviewed. Challenges and Security Issues (Case Studies) Introduction In this assignment, review of three different case studies will be discussed. Topics will include when an antivirus software cripples your computer, determining how secure cloud computing is, and electronic medical records systems. Case Study #1 When Antivirus Software Cripples Your Computers On April 21, 2010, McAfee crippled hundreds of thousands of McAfee equipped machines, by mistakenly sending an update to its users reclassifying svchost.exe as being a malicious file which was known as W32/wecorl.a virus (Humphries, 2010, para 1-2). The factors that were responsible for this software problem was that McAfee failed to send users a warning notifying them that svchost.exe was going to be either deleted or quarantined; instead they deleted the file completely. On the other hand, failure to detect this error was at the fault of McAfee’s automated quality assurance. Another reason this spread so quickly is because of the high demand for faster antivirus updates....
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...CASE STUDY ANALYSIS UNIT 12 MODULE 64 Case Study Analysis Module 64- Health Care Legislation When government decided to pass the health care reform act, I have always supported this effort. I rank my response as a two within the parameters of “strongly in favor.” For years many people in American have suffered at the mercy of insurance companies using their power and authority to blindside and push the American people into a corner mentally, physically, and financially leaving them desperate and in need health care. I have always felt that it was the government’s duty to step in and regulate this matter in a way that would turn the tables on the negative tactics of the insurance industry and allow the American people to benefit from proper health care coverage for themselves and their families. The government has not only stepped in but has stepped in with aggression, even posing fines on citizens that do not purchase health coverage. Although I support the health care reform act, I am against the portion of the law that poses fines on people for not purchasing health care. I rank my response as a 6 within the parameters of “strongly oppose.” I fully understand the impact that uncovered citizen’s cause on the economy and tax payers. The penalty itself sends a message that speaks volumes and punishes people in ways that are not fair or just. According to povertyusa.gov, more than 46 million Americans live in poverty; American families were having a difficult time making ends...
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...Brief LAW/531 June 9, 2015 Reflection Paper-Week 2-IRAC Brief The IRAC (issue, rule, analysis, conclusion) is a structured legal analysis process used in problem-solving. Team C will use the IRAC method to present a case heard in the Oregon Supreme Court, Antonio Cortez v. NACCO Material Handling Group, Inc and Swanson Group, Inc. This case is currently pending in the Oregon Supreme Court. Facts Plaintiff worked for a lumber mill, Sun Studs, LLC owned by NACCO Material Handling Group. As the plaintiff walked from one area of the mill to another, a forklift hit and severely injured him. After receiving workers’ compensation benefits, the plaintiff brought an action against Swanson Group, Inc., which owns Sun Studs. The plaintiff alleged that Swanson was liable for negligently failing to require Sun Studs to provide a safe workplace and competent safety personnel. Issues Is the providing of worker’s compensation for the injured plaintiff by the defendants an exclusive remedy? Was the defendants’ negligent under the Employers Liability Law by not providing safety measures to the plaintiff? Rule Did the defendants breach the duty to provide a remedy for the injured plaintiff? Did the defendants breach the duty to provide safety measures under the Employers Liability Law? Analysis...
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