BUS 415 Complete Course

Individual

Business Ethics Case

Read Business Ethics Case 3.5 at the end of Ch. 3 of The Legal Environment of Business and Online Commerce. Also, read the case, Calder v. Jones, by clicking on the link provided under Course Materials, Week 1- Calder v. Jones. After reading the case, answer the following questions:

1. What kind of paper is the National Enquirer?

2. Was it ethical for the National Enquirer to try to avoid

suit in California? Why or why not?

1. Are the defendants subject to suit in California? Why or

why not?

Be sure to submit your certificate of originality along with all assignments posted in the Assignments section of the classroom.

State of Confusion Paper

The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nations highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute.

Write a 350- to 700-word paper addressing the following questions:

What court will have jurisdiction over Tanyas suit? (State or Federal or Both) Why?

Is the Confusion statute constitutional? Discuss your legal reasoning.

What provisions of the U.S. Constitution will be applied by a court to determine the statutes validity?

Your paper must be in APA format.

Learning Team

Synopsis of Tort Cases Paper

Write a 500750 word synopsis for one of the two scenarios below.

You must address the following in your paper:

Name all the tort actions that you see in the scenario.

For each tort that you identify, identify the the plaintiff and the defendant, define the tort, and apply the tort to the facts in each scenario to explain whether the plaintiff will prevail in each tort cause of action.

Identify and define any defenses you think the defendants might assert.

Scenario 1: Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterbacks arm, and sending the ball into the stands, injuring a fan. The referee calls this an incomplete pass, which upsets Malik, a fan seated next to Ruben. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Rubens enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Maliks face hits the aisle steps, knocking out two of his front teeth. An usher takes Malik to the first aid station.

On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniels boss, who tells him he does not want anyone working for him who would give alcohol to a child, and that Daniel is fired. Meanwhile, the concession worker gets distracted by the scene in front of him, and accidentally gives Daniel two regular, sugary soft drinks instead of diet drinks. Daniel and Ruben drink the soft drinks as they exit the stadium.

Just as Daniel and Ruben arrive at their car, Malik and his wife appear behind them. Malik is pointing a gun at Daniel. The gun is not loaded, but he wants to scare Daniel. Unfortunately, Daniel has a concealed weapon and, believing himself threatened, shoots Malik. Maliks wife starts screaming and phones for an ambulance and the police. Before the police and ambulance arrive, Daniel slips into a diabetic coma.

Scenario 2: Anna orders a meal in an Italian restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Annas cry, another waiter who is pouring wine at a nearby table spins around and bumps into Annas waiter, who is carrying a flaming dish. The flaming dish tilts onto Annas waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. An old lady is trampled by the crowd and is seriously injured. Several other patrons suffer smoke inhalation and burns, but finally, everyone is out.

When the ambulances and fire engines arrive, Anna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg.

Foodmart Inc., Paper

Write a 500 to 750-word paper with detailed answers to one of the following scenarios:

Foodmart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in new contracts, subcontracted the job to Build Them to Fall Construction. Foodmart was unaware of the subcontract. When Foodmart realized, due to the poor quality of work, that Build was handling the renovation, Foodmart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or to discharge the contract due to commercial impracticability. Explain whether masterpiece can delegate the duties to Build Them to Fall Construction and will Masterpiece be liable for any poor quality work performed by the subcontractor. Explain whether masterpiece can discharge the contract due to commercial impracticability.

Brian McDonald spent his time away from work on his hobby, model trains. His train set was large and consisted of rare and one-of-a-kind trains. One day, while visiting with fellow train hobbyist Harry, Brian said, When I retire in 2 years from Foodmart, Im going to sell my trains and spend the rest of my life traveling on real trains. Brian told Harry that he was the only person he planned to offer his trains to, because he knew Harry would take care of them. Harry said he looked forward to the day when he could buy the trains. Harry spent the next 2 years and most of his savings building a new 2,000-square foot room onto his house to make room for the trains. When Harry told Brian he was building the new room, Brian just smiled. Brian also heard that Harry borrowed money from his aunt to buy the trains. When Brian retired, he sold his trains to his neighbor, James. Harry sued Brian, claiming breach of contract, or in the alternative, for promissory estoppel. Is there an enforceable contract? Why or Why not? Does Harry win under promissory estoppel? Why or Why not?

Business Entities, Laws, and Regulations Paper

Restaurant/Bar: Lou and Jose plan to open a sports bar and restaurant where customers socialize and watch sporting events on large-screen TVs that hang around the bar. They do not have much money, but they do have Miriam, a wealthy investor who does not have time to participate in the business, but wants to provide capital to start the business in return for a percentage ownership.

Extermination Business: Frank is a wealthy investor who plans to open a chain of exterminating businesses across the United States.

Professional Practice: Akiva and Tara have just completed all educational and experiential requirements to be licensed as obstetricians. They want to open a birth clinic together. They will take out a large loan to finance start-up costs.

Construction Scenario: Mei-Lin is the hiring manager for Surebuild, Inc., a new construction company. She has advertised a position as a jackhammer operator. The positions description states that the successful applicant must have a high school diploma. The following people apply for the position: Michelle, 35, who appears to be pregnant, is a high school graduate, and was formerly employed as a jackhammer operator; Eric, 55, who is experienced with a jackhammer, but has no high school diploma; Felipe, who is 38, speaks no English, has no high school diploma, but is experienced with a jackhammer; and Nick, 23, a college graduate who is epileptic, and has no experience with a jackhammer.

Write a 750- to 1000 -word paper, discussing one of the above businesses and the Construction scenario.

For the business, pick and discuss a business entity that represents the best choice for the business (sole proprietorship, partnership, limited liability partnership, or corporation), discuss laws and regulations the business entity must consider in starting the business, discuss the management style of the business entity, and discuss the liability of the business entity.

For the construction scenario, discuss and identify employment laws and regulations for which the business must comply in making a decision for each applicant.

Week 1 DQ 1

What is a businesss obligation to build an ethical culture and balance its desire for profit with ethical responsibilities to employees, customers, society, and the environment?

Week 1 DQ 2

Miguel buys a truck in Texas, and then moves to Washington. A year later, he is driving his truck in Oklahoma, and causes an accident by running into another car, whose driver is from Florida. In what states will the other driver be able to sue Miguel? State the reasons for your answer.

Week 2 DQ 1

Mary is cutting weeds at her home. She is unable to trim some weeds she finds, because they greWeekbetween the rocks, so she removes the protective guard on the weed trimmer and trims the weeds. There are no warnings on the weed trimmer advising against removing the guard. She hits a rock, which is thrown to the side, hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants?

Week 2 DQ 2

Paulette is the owner of the Rock On Mobile Home Park. For several years, Albert regularly collected rent for Paulette from the tenants of the mobile home park. Recently, Paulette learned that Albert pocketed some rent he collected, so Paulette fired Albert, and revoked his authority to collect rent payments from tenants. However, neither Paulette nor Albert told any tenants of Albert's termination. Yesterday, Albert went around to Theresas mobile home and asked for the rent. Theresa paid Albert the money owed to Paulette. Albert never gave this money to Paulette. Is Theresa liable to pay Paulette? Why or why not? What legal principle did you apply? Discuss an agents obligations toward his principal.

Week 2 DQ 1

Hazel is 84, and suffers from debilitating arthritis. Sometimes, she can barely walk. Every time Hazel has been unable to get around, her neighbor Ruth cooks and cleans for her until she feels better. Hazel has offered to pay Ruth, but Ruth always declines. One day when Hazel is feeling well, she and Ruth eat out in a restaurant, and Hazel tells Ruth she is going to leave her $50,000 in her will. Six months later, Hazel dies without leaving a will. Can Ruth successfully sue Hazels estate for $50,000? State the legal reasons for your answer.

Week 3 DQ 2

What is the purpose of the Uniform Commercial Code (UCC)? What types of transactions are covered by the UCC? What problems was the UCC designed to address? HoWeekwould interstate transactions be different without the UCC? Provide an example.

Week 4 DQ 1

Elaine and Roy are registered nurses. They want to start a home health agency, taking referrals from physicians and providing health care to homebound patients. They plan to be in business for 10 years. Identify the reasons why incorporation is an effective idea for their business, the steps they must take to incorporate their business, and the steps they must take to dissolve the corporation once the 10 years has passed.

Week 4 DQ 2

Tom inherited his fathers landscaping business, and incorporated the business after he read an article in Lawn News, advising landscaping businesses to incorporate. Tom has been sued by a customer, whose prize rose bushes were accidentally damaged by a landscaper. Tom called his attorney, Hector, to represent him in the lawsuit. When Hector asked for the corporate minutes, Tom said, What corporate minutes? Hector advised Tom that his personal assets could be taken if he lost the suit, but Tom said, No, dont worry! Im a corporation; I have no personal liability! Is Tom correct? Identify and discuss the legal principle that would be applied by a court to resolve this issue, and predict the outcome of the suit against Tom.

Week 5 DQ 1

What is the chronological order of the major legislation that makes up the history of employment laWeekin this country? For each law, state the social problem the laWeekwas designed to address, and discuss hoWeekemployment laWeekhas affected the workplace in the last two decades.

Week 5 DQ 2

Your employee, Tom Smith, believes women are treated as inferiors in the department where he works. He has complained to his supervisor, Doug Greer, who is also your employee, and to the Equal Employment Opportunity Commission. Greer has responded by reducing Smith's salary and opportunities for overtime. Does Smith have a case against your company? If so, describe his cause of action and what he must prove to recover.