Premium Essay

Litigation W1 Business Law

In:

Submitted By briezii1
Words 579
Pages 3
Brieana Jackson

Law 531/Business Law

September 6, 2011

Instructor: Rulon Huntsman

In the Litigation and Alternatives video, the case began when the authorizing

Partner Hal has gone to a exhibition and spoken to a saleman of the Non Linear Pro

Editing system. A verbal agreement was made to try the system on a trial basis. Upon delivery of the system, an associate of Quick Takes video, Janet Mason, receives the package and signs what she believed to be a delivery slip. She failed to carefully read the document. Within 3weeks of the agreed upon 1 month trial, the team realizes the system in not operating up to standard and reports to Non Linear Pro that they would like to cancel. Unfortunately, the document Janet Mason has signed is a binding agreement for a 3 month lease. Is Quick Take videos liable to pay the balance due of $5000 or is there an alternative? The first legal issue would be is the verbal agreement between Hal and the salesman a binding agreement. There was an offer and an acceptance to perform a one month trial period. Hal being the authorizing figure of the company is under the impression there is a non-monetary transaction. The system was not performing and the agreement was terminated prior to the trial period ending. The next legal issue; did Non Linear Pro obtain a 3 month lease fraudulently by allowing the delivery driver to carry a lease agreement to a delivery in lieu of the salesman. It does not seem to me this practice would be professional of the company however it would be legal especially since the person that received the document did not read what she was signing. Once the signature is on the dotted line, Quick Take videos has been entered into a legal and binding agreement as an authorized associate of the company signed the document. Issue three: Did the editing system perform as promised?

Similar Documents

Premium Essay

Ebay

...Strategic Position is how well an organization matches its internal resources and capabilities to its external environment. A SWOT analysis is helpful to summarise the key issues arising from an analysis of the business environment and the capabilities of an organization to gain an overall picture of its strategic position. This can also be useful as a basis to generate strategic options and to assess future courses of action. A SWOT is company specific as opposed to the Porters five forces which is industry specific. The aim is to identify the extent to which strengths and weaknesses are relevant to, and are capable of dealing with changes that take place in the business environment. Internal Resources and Capabilities Financial Resources Ebay is a Public Listed Company with corporate responsibilities to its shareholders. In 2006, it earned a gross profit of $4.7 billion and its total assets were $13.5 billion. This financial strength gives it opportunities to invest in activities to increase its financial strength through growth into related and other industries, global markets and also to investing in technology to increase customer satisfaction. It also allows it to invest in marketing to attract further customers and to invest in fraud prevention to protect its valuable intangible asset, its brand name. The Value Chain If organizations are to achieve competitive advantage by delivering value to customers, managers need to understand which activities their...

Words: 4759 - Pages: 20

Free Essay

Las Vegas Sands Essay

...Executive Summary Las Vegas Sands Corporation (“LVS”) is arguably the world’s premier casino resort operator. With its operations in Las Vegas, Macau, Pennsylvania, and its new development in Singapore and Europe LVS, is now well-positioned to capture a large slice of what is becoming an increasingly huge pie. They are the biggest company in its industry with a USD market cap of 35.1 billion as of 2011. The casino operator has been a pioneer in opening new markets in Asia, and will continue to aggressively focus on a variety of other development opportunities where it’s needed. However, LVS has faced significant financial challenges since the economic recession began in the fourth quarter of 2008. Among the significant ones is its large amount of long term debt currently at 9.58 billion. Las Vegas Sands Corporation has strategically sold some of their “non-core” assets such as the Venetian retail mall, and its Shoppes at the Palazzo in order to remain compliance with its credit covenants. With this said, there are now in the position to return to profitable operations with its Asian pipeline and its new development project in Europe with the assumption that upon completing these projects it will generate enough revenue to get rid of all their debts. In addition, to their debt issues are the ongoing lawsuits that have brought a threat from government officials questioning how the company conducts its domestic and foreign operations. This is an issue of growing importance especially...

Words: 5541 - Pages: 23

Free Essay

Finance Notes

...Lecture Notes in Finance 1 (MiQE/F, MSc course at UNISG) Paul Söderlind1 14 December 2011 1 University of St. Gallen. Address: s/bf-HSG, Rosenbergstrasse 52, CH-9000 St. Gallen, Switzerland. E-mail: Paul.Soderlind@unisg.ch. Document name: Fin1MiQEFAll.TeX Contents 1 Mean-Variance Frontier 1.1 Portfolio Return: Mean, Variance, and the Effect of Diversification 1.2 Mean-Variance Frontier of Risky Assets . . . . . . . . . . . . . . 1.3 Mean-Variance Frontier of Riskfree and Risky Assets . . . . . . . 1.4 Examples of Portfolio Weights from MV Calculations . . . . . . . . . . . . . . . 4 4 9 19 22 A A Primer in Matrix Algebra 24 B A Primer in Optimization 27 2 . . . . . . . . 31 31 32 37 39 42 45 46 47 3 Risk Measures 3.1 Symmetric Dispersion Measures . . . . . . . . . . . . . . . . . . . . 3.2 Downside Risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3 Empirical Return Distributions . . . . . . . . . . . . . . . . . . . . . 54 54 56 67 4 CAPM 4.1 Portfolio Choice with Mean-Variance Utility . . . . . . . . . . . . . . 70 70 Index Models 2.1 The Inputs to a MV Analysis . 2.2 Single-Index Models . . . . . 2.3 Estimating Beta . . . . . . . . 2.4 Multi-Index Models . . . . . . 2.5 Principal Component Analysis 2.6 Estimating Expected Returns . 2.7 Estimation on Subsamples . . 2.8 Robust Estimation . . . . . . . . . . . . . . . .. .. .. . ...

Words: 69445 - Pages: 278

Premium Essay

Adv Appeals

...contract law T H I R D E D I T I O N M I N DY C H E N - W I S H A RT 1 INDEX Web 1 Incapacity W1 Diagram W1A Overview of incapacity W2 W1.1 Children W3 W1.1.1 Contracts to supply ‘necessaries’ W3 W1.1.2 Employment and other benefi cial contracts W4 W1.1.3 Contracts involving land, marriage settlements, company shares, and partnerships W5 W1.1.4 Other contracts W6 W1.1.5 Restitution to children W6 W1.1.6 The liability of children W6 W1.2 Mental incapacity, drink, and drugs W8 W1.3 Companies W10 W1.4 Public authorities W11 Web 2 Illegality and public policy W13 W2.1 What are illegal contracts? W14 W2.1.1 Statutory illegality W14 Diagram W2A Overview: Categories of illegal contracts W15 W2.1.2 Common law illegality W16 W2.1.2.1 Contracts to commit a crime W17 W2.1.2.2 Contracts made for the deliberate commission of a civil wrong W17 W2.1.2.3 Contracts interfering with the administration of justice W17 W2.1.2.4 Contracts to oust the jurisdiction of the courts W18 W2.1.2.5 Contracts prejudicial to the state W18 W2.1.2.6 Contracts which further sexually immoral purposes W19 W2.1.2.7 Contracts prejudicial to family life W19 W2.1.2.8 Contracts unduly restrictive of personal liberty W20 W2.1.2.9 Contracts in restraint of trade W20 W2.1.2.10 Restrictive trading and analogous agreements W24 W2.1.3 Illegality and unfairness W24 W2.2 The effects of illegality W25 W2.2.1 The enforceability of the contract W26 W2.2.1.1 Illegality at formation W26 web contents ...

Words: 18849 - Pages: 76

Premium Essay

Strategy

...BSM 3614 Strategy Trimester 2, 2015/2016 BSM 3614 Strategy Trimester 2, 2015/2016 The Strategy Formulation Framework Automobile Industry Volkswagen Lecturer : Mdm Jayanty A/p Kuppusamy Prepared by: Students’ Name | Students’ ID | Boong Lek Yang | 1112702060 | Cheryl Sim Qiao Ping | 1112700828 | Gog Yi Jun | 1112700309 | Pong Fwu Yi | 1121115503 | Yau Shye Hui | 1112702505 | Table of Content Description | Page number | Executive Summary | 4 | List of Tables | 5 | List of Figures | 5 | I  Introduction   | | II  Methodology: The Strategy Formulation Framework   | | III Company Background   | | The Internal Environment 1. Resources2. Capabilities3. Core Competencies | | The External Environment1. Demographic2. Economic3. Political/Legal4. Sociocultural5. Technological6. Global7. Physical8. Industry | | Porter Five Forces Model1.Threat of New Entrants/Barriers to Entry2.Bargaining Power of Suppliers3.Bargaining Power of Buyers4.Product Substitutes5.Intensity of Rivalry Among Competitors | | IV Analysis 1: The Input Stage 1. Internal Factor Evaluation (IFE) Matrix 2. External Factor Evaluation (EFE) Matrix 3. Competitor Profile Matrix (CPM)  | | V Analysis II: The Matching Stage1. SWOT matrix 2. SPACE matrix 3. BCG matrix 4. I/E matrix 5. Grand Strategy Matrix  | | VI Analysis III: The Decision Stage 1. QSPM Matrix  | | VII Strategy Recommendation | | References | | Appendices | | ...

Words: 18317 - Pages: 74

Free Essay

Abacus Goldman Sachs

...CONFIDENTIAL – INDICATIVE TERMS ABACUS 2007-AC1 $2 Billion Synthetic CDO Referencing a static RMBS Portfolio Selected by ACA Management, LLC February 26, 2007 The information contained herein is indicative only and the actual terms of any transaction will be set forth in the definitive Offering Circular. Capitalized terms but not defined herein shall have the meanings set forth in the definitive Offering Circular. Table of Contents Disclaimer and Risk Factors Exhibit I. Transaction Overview II. Portfolio Selection Agent Overview III. Structure Overview Appendix A. Initial Reference Portfolio B. Selected ACA Biographies C. Goldman Sachs Contact Information 1 Disclaimer The information contained herein is confidential information regarding securities that may in the future be offered by ABACUS 2007-AC1, Ltd. (the “Issuer”). The information is being delivered to a limited number of sophisticated prospective institutional investors in order to assist them in determining whether they have an interest in the type of securities described herein and is solely for their internal use. By accepting this information, the recipient agrees that it will use and it will cause its directors, partners, officers, employees and representatives to use the information only to evaluate its potential interest in the securities described herein and for no other purpose and will not divulge any such information to any other party. Any reproduction...

Words: 13223 - Pages: 53

Premium Essay

Waste Mangement

...Waste Management, Inc. Strategic Case Analysis Submitted for Approval to: Dr. Jifu Wang LEADING EDGE CONSULTING Houston, TX The Leaders in Waste Management Group 1 Consultants Jason Cummings Correen Harrell Deanna Lewis Jim Upchurch David Woods Page 3 of 163 Table of Contents 1.0 2.0 2.1. 2.2. Executive Summary..........................................................................8 Background Information on Waste Management ..........................9 Brief History of Company............................................................................... 9 Historical Timeline of Important Events...................................................... 11 3.0 External Analysis ............................................................................13 3.1. General Environmental Analysis ................................................................. 13 3.1.1. Political/Legal Factors.............................................................................. 13 3.1.2. Economic Factors .................................................................................... 16 3.1.3. Sociocultural Factors ............................................................................... 20 3.1.4. Demographic Factors............................................................................... 21 3.1.5. Technological Factors.............................................................................. 25 3.1.6. Global Factors ...............................................

Words: 39684 - Pages: 159

Premium Essay

Basic Mba

...BU Basic M.B.A. International Master of Business Administration |Index | Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Business Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Entrepreneurship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Finance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Marketing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 Statistics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 Strategic Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...

Words: 103642 - Pages: 415

Premium Essay

Financial Accounting

...FFA PAPER F3 FINANCIAL ACCOUNTING BPP Learning Media is the sole ACCA Platinum Approved Learning Partner – content for FIA and ACCA qualifications. In this, the only FFA/F3 study text to be reviewed by the examiner:        We highlight the most important elements in the syllabus and the key skills you will need We signpost how each chapter links to the syllabus and the study guide We provide lots of exam focus points demonstrating what the examiner will want you to do We emphasise key points in regular fast forward summaries We test your knowledge of what you’ve studied in quick quizzes We examine your understanding in our exam question bank We reference all the important topics in our full index I N T E R A C T I V E T E X T BPP’s Practice & Revision Kit, i-Pass and Interactive Passcard products also support this paper. Note FIA FFA and ACCA Paper F3 are examined under the same syllabus and study guide. FOR EXAMS FROM FEBRUARY 2013 TO JANUARY 2014 FFA/F3 FINANCIAL ACCOUNTING First edition March 2011 Second edition September 2012 ISBN 9781 4453 9966 9 Previous ISBN 9781 4453 7305 8 eISBN 9781 4453 9242 4 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Published by BPP Learning Media Ltd BPP House, Aldine Place 142-144 Uxbridge Road London W12 8AA www.bpp.com/learningmedia Printed in the United Kingdom by Printers Polestar Wheatons Hennock Road Marsh Barton Exeter EX2 8RP Your...

Words: 166751 - Pages: 668

Premium Essay

Management Skills, Leadership Skills.

...Instructor’s Manual Jane Murtaugh College of DuPage BUSINESS IN ACTION 3rd Edition COURTLAND L. BOVEE JOHN V. THILL & BARBARA E. SCHATZMAN Introduction This Instructor’s Manual brings together a set of completely integrated support materials designed to save instructors the trouble of finding and assembling the resources available for each chapter of the text. 1. Course Planning Guide Included in the guide are suggestions for course design, classroom activities, and supplemental teaching aids. 2. Learning Objectives and Summary of Learning Objectives For each chapter, learning objectives and the summary of the learning objectives are listed. 3. Brief Chapter Outlines For each chapter, a brief chapter outline is provided. 4. Lecture Notes and Chapter Outlines For each chapter, a comprehensive outline is provided, as well as a variety of stimulating lecture enrichment materials. 5. Real-World Cases At least two real-world cases related to chapter material are included for each chapter. 6. Answers to End-of-Chapter Questions Answers to the end-of-chapter questions are provided, as well as suggested teaching tips when appropriate. 7. Answers to See It on the Web Exercises Following the end-of-chapter questions, answers to the See It on the Web Exercises can be found, along with tips for the instructor. Answers to Boxed Features In each chapter, students are presented with at least two supplemental “boxes,” both containing questions about the material discussed. Answers...

Words: 156200 - Pages: 625

Free Essay

Restaurant Industry Strategy

...Executive Summary Industry and macro-environmental analyses of the international restaurant industry provides an overview of the industry and reveals the conditions that impact competitiveness and profitability of the industry’s players. The industry is split in two sectors: full-service restaurants (FSR) and limited-service restaurants (LSR). FSRs typically have a wait-staff; LSRs do not have wait-staff. The top five countries, in terms of total number of foodservice outlets, are: China, India, Brazil, Japan, and the US. The industry is of low concentration. Combined, the top industry players make up less than 3% of total global industry revenues. In terms of size, 2013 global sales were $2.6T, up 4.9%. The 2013 global labor force was 62.4M employees, up 2.4%. In accordance with Porter’s Five Forces framework, the forces that shape competition in the restaurant industry have a moderate to high impact on competitiveness. There is a moderate threat of new entrants and a high threat of substitutes. Buyers have a high degree of bargaining power and suppliers have a moderate degree of bargaining power. The restaurant industry is highly competitive and experiences intense rivalry. In terms of macro-environmental factors, emerging markets around the world over are having an impact on how restaurants execute strategy both domestically and abroad. The growth of the middle class in emerging markets, such as China and India, presents a new demographic and an opportunity...

Words: 79599 - Pages: 319

Premium Essay

Maytag

...book was set in 10/12 New Caledonia by Aptara®, Inc. and printed and bound by Courier/Westford. The cover was printed by Courier/Westford. This book is printed on acid-free paper. Founded in 1807, John Wiley & Sons, Inc. has been a valued source of knowledge and understanding for more than 200 years, helping people around the world meet their needs and fulfill their aspirations. Our company is built on a foundation of principles that include responsibility to the communities we serve and where we live and work. In 2008, we launched a Corporate Citizenship Initiative, a global effort to address the environmental, social, economic, and ethical challenges we face in our business. Among the issues we are addressing are carbon impact, paper specifications and procurement, ethical conduct within our business and among our vendors, and community and charitable support. For more information, please visit our website: www.wiley.com/go/citizenship. Copyright © 2014, 2009, 2006, 2004 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic,...

Words: 180086 - Pages: 721

Premium Essay

Investment

...NATIONAL STOCK EXCHANGE OF INDIA LIMITED Test Details: Sr. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 Name of Module Fees (Rs.) Test Duration (in minutes) 120 120 120 120 120 120 105 105 120 120 120 120 120 No. of Questions 60 60 60 60 60 60 60 60 60 60 60 60 100 Maximum Marks 100 100 100 100 100 100 100 100 100 100 100 100 100 Pass Certificate Marks Validity (%) (in years) 50 50 50 50 50 50 60 50 60 60 60 60 50 5 5 5 5 5 5 5 5 3 5 5 3 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Financial Markets: A Beginners’ Module * 1500 Mutual Funds : A Beginners’ Module 1500 Currency Derivatives: A Beginner’s Module 1500 Equity Derivatives: A Beginner’s Module 1500 Interest Rate Derivatives: A Beginner’s 1500 Module Commercial Banking in India: A Beginner’s 1500 Module Securities Market (Basic) Module 1500 Capital Market (Dealers) Module * 1500 Derivatives Market (Dealers) Module * 1500 FIMMDA-NSE Debt Market (Basic) Module 1500 Investment Analysis and Portfolio 1500 Management Module NISM-Series-I: Currency Derivatives 1000 Certification Examination 1000 NISM-Series-II-A: Registrars to an Issue and Share Transfer Agents – Corporate Certification Examination NISM-Series-II-B: Registrars to an Issue and 1000 Share Transfer Agents – Mutual Fund Certification Examination NISM-Series-IV: Interest Rate Derivatives 1000 Certification Examination NISM-Series-V-A: Mutual Fund Distributors 1000 Certification Examination * NISM-Series-VI: Depository Operations 1000 Certification Examination...

Words: 108326 - Pages: 434

Free Essay

Transition Economy

...Transition The First Ten Years Analysis and Lessons for Eastern Europe and the Former Soviet Union Transition The First Ten Years Analysis and Lessons for Eastern Europe and the Former Soviet Union THE WORLD BANK Washington, D.C. © 2002 The International Bank for Reconstruction and Development/The World Bank 1818 H Street, NW Washington, DC 20433 All rights reserved. 1 2 3 4 5 05 04 03 02 The findings, interpretations, and conclusions expressed here are those of the author(s) and do not necessarily reflect the views of the Board of Executive Directors of the World Bank or the governments they represent. The World Bank cannot guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply on the part of the World Bank any judgment of the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is copyrighted. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or inclusion in any information storage and retrieval system, without the prior written permission of the World Bank. The World Bank encourages dissemination of its work and will normally grant permission promptly. For permission to photocopy or reprint, please send a request with complete information to the Copyright Clearance Center, Inc, 222 Rosewood...

Words: 72270 - Pages: 290

Premium Essay

Mm4 Details Case Study

...www.it-ebooks.info www.it-ebooks.info E L E V E N T H E D I T I O N MARKETING MISTAKES AND SUCCESSES 3 0 T H A N N I V E R S A RY Robert F. Hartley Cleveland State University JOHN WILEY & SONS, INC. www.it-ebooks.info VICE PRESIDENT & PUBLISHER EXECUTIVE EDITOR ASSISTANT EDITOR PRODUCTION MANAGER PRODUCTION ASSISTANT EXECUTIVE MARKETING MANAGER ASSISTANT MARKETING MANAGER MARKETING ASSISTANT DESIGN DIRECTOR SENIOR DESIGNER SENIOR MEDIA EDITOR George Hoffman Lise Johnson Carissa Doshi Dorothy Sinclair Matt Winslow Amy Scholz Carly DeCandia Alana Filipovich Jeof Vita Arthur Medina Allison Morris This book was set in 10/12 New Caledonia by Aptara®, Inc. and printed and bound by Courier/Westford. The cover was printed by Courier/Westford. This book is printed on acid-free paper. Copyright © 2009, 2006, 2004, 2001, 1998, 1995, 1992, 1989, 1986, 1981, 1976 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should...

Words: 177260 - Pages: 710