Business LawDiscuss And Fully Answer Only One Question Per Section. You Will Answer A Total Of Four Questions No less than 800 words.(You don’t need to copy questions, just tell me which question you choose for each section and give your answer directly). Please compose your answer clearly and use proper sentences, do not use many LONG, COMPLEX sentences.
SECTION 1 – CONTRACTS
Stanley is the best friend of Francis, the owner of a candy store. Every day, Stanley spends at least five minutes in Francis’s candy store, looking at the candy and usually buying one or two candy bars. One afternoon, Stanley goes into the store, looks at the candy, and picks up a $1 candy bar. Stanley waves the candy at Francis without saying a word and walks out. Is there a contract? If so, how would it be CLASSIFIED in terms of formation, performance and enforceability?
Tom Jones, a leading singer, contracts to appear for one week in a show in connection with the Symphony Orchestra at the Aronoff Center, for the sum of $250,000.
A. Assume the Aronoff Center management notifies Tom Jones well in advance of his starting date that they had changed their mind and have hired someone else for the week in question – Kanye East (more like the Management has lost their minds!) Upset Tom Jones decides to sue. His manager encourages Jones to ‘get off his Not Unusual’ and seek employment during the specified week. Jones refuses saying, “I don’t have to look for a job. I can do absolutely nothing and still collect damages.” So what’s up pussycat, do you agree with Jones? Discuss.
B. Assume that Jones had started to perform as agreed, but the third night he showed up drunk, got into a fight with the Aronoff Management, walked off the job and refused to return. Aronoff Management then rushes in Rapper X.I. as a replacement. Aronoff Management finds Jones under a table passed out mumbling “ Total Performance, Substantial ….. [unrecognizable babbling continues]….” Pity, if only you could have heard him! Can Jones recover anything, anything at all, from the Aronoff Center for the two nights he worked? Seven days in a week, who gets what pay and why?
C. Would your answer to the preceding question (#B) be the same if (instead of walking off the job) Jones had become seriously ill and unable to perform for the balance of the week? The Aronoff Management is pissed and angry and wants to sue Jones for the days he did not perform. Jones hears about the impending lawsuit and calls from the hospital screaming, “I deserve some pay and to be completely discharged from the contract…[mumble]….. by the theory of……[mumble]…..” (Poor Jones, he passed out again!) Is Jones correct? Please discuss the appropriate theory of law.
Fully discuss the contractual development of QUASI-CONTRACT. What is it? Provide three (3) different examples of its application.
Give an example of an Assignment of rights and explain the relationship of the parties. Create an example to illustrate your point. (Perhaps add a diagram and arrows. I love diagrams and arrows)
SECTION 2 – NEGLIGENCE / STRICT LIABILITY
Palsgraf V. Long Island Railroad
a. What happened in the Palsgraf case?
b. Analyze and discuss the Palsgraf fact situation in terms
of the ELEMENTS that must be proven in a negligence
c. Assume that you are the great and learned Judge
Cardozo and you get the final word on this case.
(What you write will be read and studied by other
judges, lawyers and students for decades).
Why did Mrs. Palsgraf lose the case? Why was it
difficult for her to establish a case of negligence.
d. What was the Dissent in the case? How did it differ from the
Main Opinion of the Case?
Patty Patient is a patient of newly trained Dr. Paul Pain. Dr. Pain performs emergency surgery on Patty removing her appendix. From all initial appearance, the surgery appears to have been a success. Days after the surgery, Patty begins have severe pain. She returns to the hospital complaining of abdominal pains after having her appendix surgery.
X-rays show the Patty Patient has a metal object the size and shape of a scalpel in her abdomen. On close camera X-ray, an inscription of the metal object can be read “ To Paul, our Son the Doctor, you’ll always be our little Cut-Up, Lovingly Mommy & Daddy Pain”.
Following her emergency surgery, Patty calls you and ask for advice. She wants some basic information, She has no idea that you have studied negligence. She amazed by your knowledge on the subject. I would like to be just as amazed. What did you tell her?
What is the Reasonable Person Standard? Choose any of the five (5) of the six(6) categories below and discuss how the reasonable person standard is applied to each of the following types of people?
B. Person with Physical Disabilities
C. Persons with Intellectual and Developmental Disabilities
D. Professional people with advanced degrees and training
E. Persons acting in emergency situations (rescue)
F. Persons who violate statutory duties
SECTION 3 –
INTELLECTUAL PROPERTY & EMPLOYMENT
In class, we studied the principles of Intellectual Property by examining the product of “Coca-Cola”. Following the Coca-Cola example, choose any product that your heart desires and discuss the fundamental basics of intellectual property rights through the following:
• Trade Secrets
• Any Infringement Issues
On your own, select any Major TREND in the field of Intellectual Property and discuss it.
A. What is the Trend?
B. Why is it significant?
C. What has been the result?
Velma Wise was fired from her job at Mead Corporation after she was involved in a fight with a co-worker. Velma is now suing the company based on a sex discrimination claim. There is no dispute that Ms. Wise was qualified and performed her duties adequately.
Velma’s best friend is also a good friend of yours. Your mutual friend has supplied you a summary of Velma’s case facts. (See Blackboard’s Weekly Options of 4/20/16 for Wise v. Mead Summary).
Your mutual friend is still very confused about this whole situation and the likelihood how this case will turn out. She’s heard that there is a process to this type of case. Is there really a process or procedure for a discrimination case?
Fortunately, you recognize the employment issues, the legal process and see the likely result. Explain the situation, especially the legal process to her and state your reasons for Ms. Wise’s likely win or loss.
Plaintiff Beth Lyons, a staff attorney for the Legal Aid Society (Legal Aid) brought suit against her employer, alleging that Legal Aid violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act failing to provide her with a parking space near her office. Plaintiff worked for the defendant in its lower Manhattan office.
Lyon’s disability was the result of being struck and nearly killed by an automobile. From the date of the accident (September 1987) until June 1993, Lyons was on disability leave from Legal Aid; she underwent multiple reconstructive surgeries and received “constant” physical therapy. Since the accident, Lyons has been able to walk only by using walking devices, including walkers, canes and crutches. Since returning to work Lyons has performed her job duties successfully. Nevertheless, her condition severely limits her ability to walk long distances either at one time or during the course of the day.
Lyons asked Legal Aid to accommodate her disability by providing her a parking space near her office and the courts in which she would practice. She stated that this would be necessary because she is unable to take public transportation from her home in New Jersey to the Legal Aid office in Manhattan because such “commuting would require her to walk distances, climb stairs, and on occasion to remain standing for extended periods of time,” thereby “overtaxing her limited physical capabilities.”
Lyons’s physician advised Legal Aid by letter that such a parking space was “necessary to enable Lyons to return to work.” Legal Aid informed Lyons that it would not pay for a parking space for her. Accordingly, Lyons has spent $300 to $520 a month, representing 15 percent to 26 percent of her monthly net salary, for a parking space adjacent to her office building.
The Legal Aid Management denied Lyons request and have sent a memo to its Board arguing that Lyons’s request for a parking space amounts to no more than a demand for an additional fringe benefit in the nature of a “personal amenity” unrelated to the “essential functions” of her job. Management further writes “We should not pay for any employee’s parking. There is no reason to treat one employee differently from others. Accommodations begins at the job door. Getting to the workplace is a part of every job!”
Are the accommodations requested by Lyons unreasonable? Why? Or Is it unwarranted preferential treatment?
The Legal Aid Board contacts YOU, an outside employment consultant, to advise and write an advisory report on this issue. The Board’s question to YOU: Should the Board follow the direction as presented by Management?
You better start from the basics, they are absolutely clueless! (One of the Board members thinks the ADA is an antacid gum! Whatever is your position, hope you are persuasive.)
1. What is Americans with Disabilities Act (ADA)?
2. What is the background and ideology of the ADA?
3. “Reasonable Accommodation”? What is it? Please Explain
4. What is your conclusion to the Board?
5. Why? Explain.
SECTION 4 – YOUR CHOICE
Choose any TOPIC from the Business Law Environment Course that you found particularly interesting and fully discuss. Your objective: Impress Me!!! (Topics Including:Consideration, Capacity and Consent, Assumption, Conditions to demage, Pleadings, Negligence, Contract, Employment Law)
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