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Levels Tought:
Elementary,Middle School,High School,College,University,PHD
| Teaching Since: | Jul 2017 |
| Last Sign in: | 304 Weeks Ago, 6 Days Ago |
| Questions Answered: | 15833 |
| Tutorials Posted: | 15827 |
MBA,PHD, Juris Doctor
Strayer,Devery,Harvard University
Mar-1995 - Mar-2002
Manager Planning
WalMart
Mar-2001 - Feb-2009
Legal Environment of Business:
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Elbert is transporting a dangerous explosive from the lab where he works to his home so that he can continue his work after hours. Elbert is struck by a bus when the bus runs a red light. The bus company files suit against Elbert as a result of the accident. What tort might Elbert be liable for, and on what basis?
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Edward waited in the bushes outside of John's house. When John arrived home, Edward jumped out of the bushes waving a stick at John. John screamed for help, but Edward struck John in the leg with the stick anyway. What torts has Edward committed against John and how are the elements of those torts met in this instance?
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Lana borrowed money from Ted, giving him a security interest in her car. Ted properly perfected the security interest. Two weeks later, Lana borrowed money from Jonathan, giving Jonathan a security interest in the same car. Jonathan properly perfected the security interest. Lana defaults. Explain which creditor will receive the car, and why.
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Vicky is acting as Kevin's agent in negotiating an important business deal with Carl. Carl knows that Vicky is acting on Kevin's behalf and as his agent. Vicky agreed only to the terms Kevin gave her the authority to agree to, and Carl agreed to the terms. Later, Carl became upset that the contract wasn't being properly upheld. Whom may Carl hold responsible for any breach in the contract? Why?
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Bert, a driver for Big Bang company, was driving his truck filled with cooking oil through the city of Coolville one day when a light from a house owned by Harry and Mary Housekeeper blinded him, causing him to veer off and crash the truck into the Housekeepers' house. Everyone got out of the house without injury, but the truck broke apart and the oil saturated the house, causing substantial damage. The Housekeepers were devestated and wanted to sue someone. Who should the sue? Why? Identify each element needed to sustain a cause of action and explain how it applies to the facts here. Are there any likely defenses that will be raised?
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Connie is starting a new business. She contacts Ellen by phone and orders a month's worth of stock. Ellen has a standard contract she faxed to Connie, asking her to fill it out and fax it back so she can put the order through immediately. Connie receives the contract but has a few changes with the number of items of each color to be shipped and the method of shipping. She makes the changes, includes her finance information, and faxes the contract right back. Ellen never carefully looks at the changes and begins shipping the stock Connie ordered right away. Connie calles Ellen complaining about the colors of stock she has received and the method of shipping. Ellen says she never agreed to the changes and if Connie insists on the changes, there's no contract. Is there a contract? Why or why not? If there is, what are the terms?
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Tricia and Troy are starting a pharmacy. After meeting with their attorney and accountant, they decide they want to begin using the simplest form of business organization they can. However, their primary concern is personal liability. They don't want to jeopardize their personal assets for business obligations. They'll also hneed to obtain financing to get their business started. A few investors have expressed some interest, but they'll invest their money only if the receive some stake in the business or some possiblity of return for their investment. The investors want to have no part in running the business and want to be sure they have no liability for business debts. What form of business organization would you recommend? Why? Explain why other forms of business organizations wouldn't meet their needs.
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Tiny town passes a law making it a crime to criticize the mayor. Tom objects that the law violated his right to freedom of speech under the US Constitution. Tom sues Tinytown. Will the court rule that Tom can't criticize the mayor? Why or why not?
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Larry makes lewd comments about Nicole, his employee, that reasonably annoy and disturb Nicole. Nicole complains to Larry and threatens to sue for sexual harrassment. Larry tells her she doesn't have a case because Larry hasn't asked her for sexual favors or touched her inappropriately. Does Nicole have a case? Why or why not?
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Terry wants the least expensive life insurance policy that he can purchase. What type of insurance (straight life, term, or endowment) would you recommend? Why? What are the disadvantages to the type of insurance that would be least expensive?
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Larry steals Edward's gold cufflinks and sells them to Tomas for $100. Larry visits Thomas and recognizes the cufflinks. Larry claims them, telling Thomas they were stolen. Thomas also clains them, saying he had no knowledge of the theft and is an innocent purchaser. Who owns the cufflinks, why?
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