BUS 415 Week 3 Discussion Question 1

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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 Hazel’s estate for $50,000? State the legal reasons for your answer.

BUS 415 Week 3 Discussion Question 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? How would interstate transactions be different without the UCC? Provide an example.

BUS 415 Week 3 Discussion Question 3

Distinguish between a joint tenancy and a tenancy in common with regards to real property. What are the differences in the owners’ rights and obligations between the types of ownership?

BUS 415 Week 3 Learning Team Assignment Synopsis of Tort Cases Paper – Scenario 1, 2 ,3 ,4

Learning Team Assignment: Synopsis of Tort Cases Paper
Write a 350-word synopsis for each scenario in which you answer the following statements:
o What tort actions do you see
o The identity of potential plaintiffs
o The identity of potential defendants and why you see each one as a defendant
o The elements of the tort claim that constitute the plaintiff’s claim
o Any defenses you think defendants might assert
o How you think the claim will be resolved, stating legal reasons for your answer
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 quarterback’s 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 Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s 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 Daniel’s 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. Malik’s 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 Anna’s cry, another waiter who is pouring wine at a nearby table spins around and bumps into Anna’s waiter, who is carrying a flaming dish. The flaming dish tilts onto Anna’s 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.
Scenario 3: Franco is an agent for SureCo, Inc., an independent insurance agency that offers policies from several insurance companies. With the economy in crisis, SureCo is experiencing hard times. The boss tells the agents that if they do not start selling insurance policies, the agency is going to shut down and everyone will be out of a job. Franco needs this job badly, and starts calling his customers to see if he can sell some policies. He calls Raul, and tells Raul that if he increases his coverage at present rates, Franco will guarantee that the p

BUS 415 Week 4 Discussion Question 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. (Please apply your discussion specifically to the business above and give illustrations involving that business.)

BUS 415 Week 4 Discussion Question 2

: Tom inherited his father’s 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, don’t worry! I’m 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.

BUS 415 Week 4 Discussion Question 3

For this DQ, think of a business you might like to start – briefly describe it. Decide upon a business type/organization (sole proprietorship, LLC, C-Corp, etc.) and state why you chose that type. Describe all of the steps you need to take to legally form your business in your particular state of residence (MA).

BUS 415 Week 4 Learning Team Assignment – Foodmart, Inc. Paper – Scenario 1, 2, 3, 4

Foodmart, Inc. is a retail grocery store chain based in Any State, U.S.A. Foodmart has stores throughout the United States. Brian McDonald works as the produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending his summer vacation working for Brian in the produce department.
· Write a 1,050- to 1,750-word paper with detailed answers to the following scenarios:
o 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. Who wins? Explain your answer. Summarize the legal defenses to contract formation and enforcement.
o At the end of the summer, Jeremy Atwater earned enough money to put a down payment on a car. He decides to continue working part-time during school to earn money for the car payments. Jeremy purchased a car from Smooth Sales Used Cars. Smooth did not ask Jeremy how old he was; the salesman assumed he reached the age of majority. Jeremy paid the down payment and signed a contract stating that he would make payments of $200 each month. Six months later, Jeremy lost his job and could no longer make the payments. Jeremy took the car to Smooth and said he wanted to cancel the contract, and that he wanted his money back. What are the possible outcomes? Compare and contrast potential legal and equitable remedies.
o 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, I’m 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. Who wins? Explain your answer.
o Foodmart has recently developed an online ordering service for home delivery within a 10-mile radius of each store. To use the service, Foodmart requires customers to agree to terms and conditions of a contract when first entering an online order. The contract specifies that advertised sales prices do not apply to online purchases, and orders are limited to inventory on hand at the nearest store. Todd sees a Foodmart newspaper advertisement for a chocolate sauce that is discontinued at a reduced price. The sauce is a key ingredient in a special cake recipe he uses in his catering business. Todd attempts to make an online purchase of all the remaining sauce at the store nearest to him. The store advises it has sold out, even though it has 10 cases in inventory. Todd requests that the store obtain the chocolate sauce from two other stores within the 10-mile radius. Foodmart refuses, citing the contract. Todd sues, claiming the contract is not effective and he should receive all available chocolate sauce from all three stores at the sa