MGMT 520 Legal, Political and Ethical Dimensions of Business Week 5- Discussion 1 – Mr. Mapp against Gimbels Department Store Case

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 5- Discussion 1 –  Mr. Mapp against Gimbels Department Store Case

Please read problem 3 at the end of Chapter 17 regarding the lawsuit by alleged thief Mr. Mapp against Gimbels Department Store. Under what theory might Mr. Mapp argue that Gimbels is liable for the assault committed against Mapp by Mr. DiDomenico, an employee of J.C. Penney’s? Would Mr. Mapp be successful under the theory you chose? Why or why not?

  1. On March 29, 1983, Barry Mapp was observed in the JCPenney department store in Upper Darby, Pennsylvania, by security personnel, who suspected that he might be a shoplifter. Michael DiDomenico, a security guard employed by JCPenney, followed Mr. Mapp when he left the store and proceeded to Gimbels department store. There, Mr. DiDomenico notified Rosemary Federchok, a Gimbels security guard, about his suspicions. Even though his assis- tance was not requested, Mr. DiDomenico decided to remain to assist in case Ms. Federchok, a short woman of slight build, required help in dealing with Mr. Mapp if he committed an offense in Gimbels. It came as no surprise when Mr. Mapp was observed taking items from the men’s department of the store; when he attempted to escape, he was pursued. Although Ms. Federchok was unable to keep up, Mr. DiDomenico continued to pursue Mr. Mapp and ultimately apprehended him in the lower level of the Gimbels parking lot. When Ms. Federchok arrived with Upper Darby police, merchandise that had been taken from Gimbels was recovered. Mr. Mapp, who had been injured when he jumped from one level of the parking lot to another, was taken to the Delaware County Memorial Hospital, where he was treated for a broken ankle. Mr. Mapp filed suit against Gimbels for injuries sustained while being chased and apprehended by Mr. DiDomenico. He alleged in his complaint that Mr. DiDomenico, while acting as an agent of Gimbels, had chased him, had struck him with a nightstick, and had beaten him with his fists. Gimbels says it is not liable because Mr. DiDomenico was not its agent. Is Gimbels correct? [Mapp v Gimbels Dep’t Store, 540 A.2d 941 (Pa. 1988)] It is settled law that a principal may be held responsible for the tortious (wrongful) actions of an employee for acts carried out in the course of and within the scope of employment. (See in your text, Lange v. National Biscuit Co)

On the other hand, it will be more difficult to hold a principal responsible for the actions of a party not its agent. When looking at this case, what theory might Mr. Mapp use to argue that Gimbel’s is liable for the assault committed against him by Mr. DiDomenico, an employee of J.C. Penney’s? How will Gimbels counter that argument?

An employer may be held vicariously liable for the conduct of employee within the “scope of employment.”  As you can imagine, the amount of case law generated in defining scope of employment is staggering.  So, what does scope of employment mean? What about travel to and from work?  What about travel for work? What about the issuance of a company car or cell phone–what factors impact a court’s decision that scope of employment exists?

What factors impact whether express or apparent agency exists? What if Mr. D. was wearing a security guard uniform, for example. Does this matter to our analysis?

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 Contracts and IP Issues – C You Decide Project

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 Contracts and IP Issues – C You Decide Project

Can Big Bank’s president rescind the contract? Under what circumstances can a contract be rescinded by either party? What facts have to be alleged and proven? What is the result of a contract that is rescinded?

Big Bank’s president also threatens legal action. What potential causes of action could you foresee him bringing in court? Would he be successful? Why or why not? What arguments could Systems Inc. raise in its defense? What are Big Bank’s potential damages?

Review the facts provided and the sample contract. What provisions of the contract could you cite to support an argument that it is not in Big Banks best interest to rescind the contract? What facts could you cite to support an argument that Big Bank be responsible for some of these issues and/or not in compliance with the contract?

In this situation, amicable resolution of problems is greatly preferred by your company. Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution?

There are three types of contract performance: complete, substantial, and material breach. Describe the differences (and similarities) among the three, and explain some of the legal ramifications for one or more of these types of performances. (e.g., what happens if one party performs completely but the other party performs only substantially?) Give examples from outside readings or experiences in your career or personal business life.

What are the two most important concepts from this exercise that will help you in future contract negotiations? (All students must answer this question for full credit in this project.)

1) Can Big Bank’s President rescind the contract?

Under what circumstances can a contract be rescinded by either party?

  1. Big Bank’s President also threatens legal action. What potential causes of action could you foresee him bringing in court?

Would he be successful? Why or why not? What arguments could Systems Inc. raises in its defense?

What are Big Bank’s potential damages?

A: In this case, Big Bank’s potential damages would lost profits due to the delay in the execution of the contract.

  1. Review the facts provided and the sample contract. What provisions of the contract could you cite to support an argument that it is not in Big Banks best interest to rescind the contract?
  2. In this situation amicable resolution of problems is greatly preferred by your

company. Would this be true in all contract disputes?

In what situations and why would you decide to move to litigation over amicable resolution?

  1. What are the two most important concepts from this exercise that will help you in future contract negotiations?

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 – Discussion 2 – Larry Podder or Harry Potter

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 – Discussion 2 – Larry Podder or Harry Potter

Larry Podder or Harry Potter?

You are a newly promoted supervisor for Playing with God, a company that makes computer games for a Christian bookstore. One of the directors on the corporate board is Jon Bakker, a long lost nephew of TV evangelists Jim and Tammy Faye. Jon’s son, Larry Bakker, is a member of your department. He writes the story lines that go into the different games. He has very little computer expertise, but he does have a creative writing degree and writes really great Bible-based game stories. One of his games has won an award in the Christian Video Game arena.

This morning you are served with a lawsuit from Nintendo. It alleges that your last game, Praying with Larry Podder, violates their exclusive right to market games under the Harry Potter label. You are incensed. Larry Podder was the invention of Larry Bakker and was actually a story he made up about himself, drawing on his own childhood experiences. At least, that is what he told you. You personally know that the aunt in the game looks just like Tammy Faye.

To make matters worse, you receive a phone call from your boss that Warner Brothers is preparing a lawsuit, unless you agree right now to pull Praying with Larry Podder from shelves and send them all the profits from the game, to date. Praying was your number one seller this year and could move your company into the first place rankings for christian video games. Your boss, a company vice president, demands to know if the story line is even remotely like Harry Potter. You are horrified to admit you have no idea, having neither played the game nor having read Harry Potter. 

As if this wasn’t bad enough, your boss states, “And why do you suppose Warner Brothers mentioned the Napster case in the call? We’re not hosting file sharing in that game are we?” You are suddenly stricken as you remember that one of the really cool things about the game is that players can go online and share prayers, sheet music for hymns, and Christian music CDs in MP3 format. That was one of the best parts of the game. The vice president states, “The Warner Bros. exec said that his daughter just bought the game and called it the Christian Napster. Furthermore, I have a message from J. K. Rowling’s attorney I have to return next. You better have an answer for this!” He hangs up.

You’re not a lawyer, but you did hear about Napster. It’s time to do some research. You need to call in Larry and find out about this video game.

  1. What things do you need to find out from him?
  2. If you are allowing file sharing on this game, does this open you up to liability for violation of the Digital Millennium Copyright Act?
  3. If it is true that the game is about Larry Bakker’s life and not Harry Potter’s, what will you need to prove to defend against this lawsuit?
  4. Will being a Christian organization protect you from this lawsuit under the First Amendment? Is it analogous to parody?

Pick one of the above and respond to it, or respond to a classmate’s response. More questions and deeper movement to follow!

 

  1. What things do you need to find out from Larry?
  2. If you are allowing file sharing on this game, does this open you up to liability for violation of the The Digital Millennium Copyright Act?
  3. If it is true that the game is about Larry Bakker’s life and not Harry Potter’s, what will you need to prove to defend against this lawsuit?

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 – Discussion 1 – Killer Performance Requirements

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 – Discussion 1 –  Killer Performance Requirements

Read Killer Performance Requirements on p. 445 in Chapter 13 of your e-book.

  1. Are guidelines and chargeback fee clauses required by large retailers really negotiable?
  2. Should the doctrine of unconscionability (See Water v. Min, Ltd.) be available as a defense to small suppliers challenging onerous performance requirements?
  3. Is it ethical for large retailers to impose “take it or leave it” clauses on small (at least by comparison) suppliers? Should courts enforce contract provisions that were imposed by economic power rather than crafted by negotiation?

Whether the unconscionability doctrine should be available to set aside commercial contracts where market powers like Wal-Mart or Microsoft attempt to impose ‘take it or leave it’ terms on their customers.

Should courts look at the respective economic power of the parties in determining whether to enforce a harsh contractual provision? Should our courts serve as an ethical leveling mechanism when it comes to ‘killer performance requirements’?

Elements of a contract–what are they? And then we will move on to the defenses to a breach of contract action.

 

There are challenges of assessing these types of contracts accurately.  First, are these clauses legal?  If so, are they ethical?  Are there any defenses for the other party, such as unconscionability, which is essentially gross unfairness in the terms of a contract and typically involves disparity in the sophistication and bargaining power of the parties to the agreement.

Are guidelines and chargeback fee clauses required by large retailers really negotiable?

Question 2

Should the doctrine of unconscionability (See Water v. Min, Ltd.) be available as a defense to small suppliers challenging onerous performance requirements?

Question 3

Is it ethical for large retailers to impose “take it or leave it” clauses on small (at least by comparison) suppliers? Should courts enforce contract provisions that were imposed by economic power rather than crafted by negotiation?

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 6Memo_pollard_answer_Submitted answer

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 6Memo_pollard_answer_Submitted answer

1. Teddy’s Supplies’ CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. He wants to settle the case. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy’s case that impact liability. Include in the memo your suggested “offer of settlement” to Virginia. Back up your offer using your analysis of the case against Teddy’s. (Points : 30)

 

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 6- Discussion 2_Answer – Consumer protections

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 6- Discussion 2_Answer – Consumer protections

Consumer protections

In week 1 we covered ethics and the role law and politics plays with it. The “pendulum” thread topic in Week 1 suggested you read the article found at the end of Chapter 14, written by your textbook author in 2010. This week we will focus on laws which have been passed specifically to protect consumers.  Your Professor will lead you through multiple of those this week. Note that a quick review of that article may assist you as well – as your textbook author’s view on this subject may or may not correspond to your opinion on the matter of foreclosures, causes, blame and solutions. The attempts by government to protect consumers against unethical loan practices, collection of debt practices, and product costs will continue to make it more difficult to be profitable.

To start our discussion this week – let’s review the Andrews v Chevy Chase Bank case which is Case 14.2, pp. 467-469 of your textbook. We will start with the questions found in the text and go from there.

List the violations of the TILA that Chevy Chase Bank made

Explain the remedies the Andrews are entitled to and which they are not.

What advice would you give a lender based on this case regarding “teaser” interest rates on loans?

In light of the Chevy Chase case specifically. Recent reforms, such as the Financial Consumer Protection Law and the Credit Card Protection Act, will impact how financial institutions do business. Are these the types of “solutions” we need to combat our credit-ridden society? Are you keeping an eye on the debt ceiling and budgetary issues in Washington? What about in your respective states? We will look at this case and others from a legal and an ethical perspective.

MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term answer_Set 3

MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term answer_Set 3

  1. List any bases Robins & Robins could sue Casings, Inc., under contract theory ONLY for the damages caused by the explosives in their drugs, over and above the cost of the capsule shells. (short answer question)
  2. TCO B. The FDA discovers that, during the public comment process, Robins & Robins bribed one of the members of the administrative panel that decided to pull the rule from consideration. The member of the panel was removed and is being charged criminally. As a result, the FDA immediately implements an emergency order that puts into effect the “tracking bar” requirement and makes the rule retroactive, but only to Robins & Robins. Provide two arguments Robins & Robins can make to have the rule determined to be invalid under the Administrative Procedures Act. Explain your answer. (Points : 30)
  3. TCO C. Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. Their families are considering suing for both 402A and negligence. The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died.

You are the attorney for one of the dead children’s family. List the causes of action (if any) you would file against Robins & Robins, the FDA, and the bribed FDA member. List the elements of the causes of action, and set forth the facts that you have that would support a lawsuit against each of the three named defendants. State any defenses any of the three would have. Analyze the success of the defenses.

TCO A. It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their “fake” recall failed. Using the Blanchard and Peale method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their “fake” recall as well. Show all of the steps of the model and give a recommendation to the CEO

of what to do now that the deaths are escalating. What is the “right” thing for the CEO to do in this case?

  1. TCO I. A Canadian citizen whose son (resident of Ontario) died from the medication sues Robins & Robins in a California court. The court there is well known for being victim friendly and providing huge payouts to victim families. In Canada, the cap on nonpecuniary damages is around $300,000. Punitive damages in Canada are rarely allowed. Robins & Robins moves to dismiss the case under the theory of sovereign immunity. Will Robins & Robins win this motion using this theory? Why or why not? (short answer question) (Points : 15)

TCO E. Pastor Forester claims his firing was illegal because it was based on his being a convicted felon. His contract with the school provides him with defense coverage for any acts he takes while working for the school. Anna and Lisa sue Pastor Forester and the school for sexual harassment and discrimination, and Pastor Forester requests the school pay for his defense. Discuss whether Anna and Lisa will be successful in their claim of sexual harassment and discrimination against the school and Pastor Forester. Discuss whether the school illegally fired Pastor Forester. Will the school have to pay for the pastor’s defense? Analyze and defend your answer.

(Points : 30) 

TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a pastor. His real name is Jerry Birches, a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1,000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. The president of the board of directors immediately fires Pastor “Jerry Birches” Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors.

Page 3:

  1. TCO F. Men2Wimmin (M2W) sends a cease and desist letter to Clean Clothes (CC) demanding CC stop using M2W’s tagline, which is registered with the Trademark Office. Clean Clothes responds, stating that (a) CC’s tagline is different enough as not to violate the trademark, (b) CC didn’t know about M2W’s tagline so they couldn’t have copied it, and (c) Men2Wimmin has no damages and therefore can’t sue Clean Clothes. Analyze the case for Men2Wimmin, including the elements of any case they have, and explaining any defenses that Clean Clothes might raise against them. What damages can they request, and do you think they will get them? Why or why not? (Points : 30)
  2. TCO G. It is discovered that 2 weeks before the Ellen show, her partner had sold $2 million in JOSB stock (at a gain of about $2,200). The morning after Ellen’s show, Ellen’s partner shorted the JOSB stock (which is a bet that the price will go down), and she made another $210,000 from that trade. The swing in the price was not 100% directly tied to Ellen’s comments, as JOSB had issued a recall of their white, long-sleeved shirts when they were found to have been sewed with brown thread, making them unwearable. Ellen’s partner’s previous trading activity shows that she made it a normal practice to “vigorously trade” the stock of any company with which Ellen did business. A review of her trading activity for the past year showed that she had bought and sold JOSB stock 25 different times. Further, she typically used “short” sales when companies had issues with their products. Do you think the SEC will file anything against Ellen or her partner for these sales of JOSB? Is there any cause to do so? Analyze the transactions with respect to insider trading activity (based on what you know) and whether Ellen or her partner should be concerned. Is the prior trading activity a defense? Analyze and explain fully. (Points : 30)

MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term answer_Set 2

MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term answer_Set 2

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Time Remaining:

  1. TCO D Short Answer Question and Facts for Page 1 Questions: A well known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications that they sell over the counter have been determined to be tainted with small particles of plastic explosive. The plastic explosives came from a Robins & Robins supplier named Casings, Inc., that supplies the capsule casings for the medication pills. Casings, Inc., also sells shell casings for ammunition. Over $8 million in inventory is impacted. The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada. Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that sold over-the-counter medications to incorporate a special tracking bar code (i.e., UPC bars) on their packaging to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per package. Robins & Robins lobbied hard against this rule and managed to get it stopped in the public comments period. They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised “privacy” concerns, which they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with alcoholism treatment – specifically for withdrawal symptoms – and many alcoholics were afraid their use of the drug could be tracked back to them.) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the packaging and managed to get enough public interest groups against the rule. The FDA decided not to impose the rule. Robins & Robins’ contract with Casings, Inc., states, in section 14 B.2.a., “The remedy for defects in supplies shall be limited to the cost of the parts supplied plus any and all damages caused by the defects, including loss of good will to Robins & Robins, as valued by the accounting firm selected by Robins & Robins.” The accounting firm determines the loss of “good will” value to Robins & Robins as a result of this disaster is $140 million. This clause was buried on page 285 of the contract in small, 9-point type. List any defenses Casings, Inc., may have in trying to avoid the results of this clause of their contract. (short answer question)(Points: 15)
  2. TCO B. The FDA discovers that, during the public comment process, Robins & Robins bribed one of the members of the administrative panel that decided to pull the rule from consideration. The member of the panel was removed and is being charged criminally. As a result, the FDA immediately implements an emergency order that puts into effect the “tracking bar” requirement and makes the rule retroactive, but only to Robins & Robins. Provide two arguments Robins & Robins can make to have the rule determined to be invalid under the Administrative Procedures Act. Explain your answer. (Points: 30)

Name one argument that Robins & Robins could have used to fight against the imposition of a tracking bar (UPC) requirement in the event their lobbying efforts during public comments had failed. Explain the argument and the procedural method Robins would use to fight it. If Robins had not gotten involved in the public comments period, would your answer change? Why?

  1. TCO C. Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. Their families are considering suing for both 402A and negligence. The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died. You are the public relations advisor for Robins & Robins, and your boss tells you to write him a memo that he will use to draft a public announcement. He needs you to explain to him why Robins & Robins should not be found negligent for these deaths and illnesses. Draft the memo utilizing the elements of 402A and negligence. Include (and fully explain) any defenses you feel that Robins & Robins may have. Recall that your boss needs all pertinent information for him to write an announcement to the public after reading your memo.(Points: 30)

Set 3 Questions:

The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died. You are an employee with the FDA. You are drafting a memo to your boss analyzing the FDA’s liability and explaining why the FDA did the right thing in deciding not to pass the original tracking bar (UPC) rule. You are specifically being told to respond to the issue of the deaths and illnesses. What would you write? Include (and fully explain) any defenses you feel that the FDA could use against any negligence or public relation cases. Explain what liability (if any) the FDA could have to the victims and their families. (Points: 30)

  1. TCO A. It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their “fake” recall failed. Using the Blanchard and Peale method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their “fake” recall as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are escalating. What is the “right” thing for the CEO to do in this case?(Points: 30)
  2. TCO I. A Canadian citizen whose son (resident of Ontario) died from the medication sues Robins & Robins in a California court. The court there is well known for being victim friendly and providing huge payouts to victim families. In Canada, the cap on nonpecuniary damages is around $300,000. Punitive damages in Canada are rarely allowed. Robins & Robins moves to dismiss the case under the theory of sovereign immunity. Will Robins & Robins win this motion using this theory? Why or why not? (short answer question) (Points: 15)

Question 2 – 2 essays, 30 points each.

TCO E and H. A private high school hires a new superintendent, George Forester. The school is owned by a local Lutheran church and is run by a board of directors chosen by church members. Supt. Forester shows up for his first day of work and sends a memo via intercompany mail to all teachers:

TCO E. Pastor Forester claims his firing was illegal because it was based on his being a convicted felon. His contract with the school provides him with defense coverage for any acts he takes while working for the school. Anna and Lisa sue Pastor Forester and the school for sexual harassment and discrimination, and Pastor Forester requests the school pay for his defense. Discuss whether Anna and Lisa will be successful in their claim of sexual harassment and discrimination against the school and Pastor Forester. Discuss whether the school illegally fired Pastor Forester. Will the school have to pay for the pastor’s defense? Analyze and defend your answer.(Points: 30)

  1. TCO H, E. It was actually in the discovery portion of the injury lawsuit that Pastor Forester’s true background came to light. The convict, Birches, claims the knowledge of his aunt should be imputed to the entire board of directors. Three parents have alleged that their children are now seeing therapists due to abusive comments Birches made to them at various times during his time in the school.The board immediately convenes and discusses “damage control.” The board knows you took a law and ethics course recently and asks you to write it a memo of what liability it has in this case. List the elements of any tort you believe the school may be liable for and what defenses you may have. Include in your memo whether Aunt Theresa’s knowledge will be imputed to the entire board. If so, under what statute, rule, case, or federal law do you base your decision?(Points: 30)

TCO F. Men2Wimmin (M2W) sends a cease and desist letter to Clean Clothes (CC) demanding CC stop using M2W’s tagline, which is registered with the Trademark Office. Clean Clothes responds, stating that (a) CC’s tagline is different enough as not to violate the trademark, (b) CC didn’t know about M2W’s tagline so they couldn’t have copied it, and (c) Men2Wimmin has no damages and therefore can’t sue Clean Clothes. Analyze the case for Men2Wimmin, including the elements of any case they have, and explaining any defenses that Clean Clothes might raise against them. What damages can they request, and do you think they will get them? Why or why not? (Points: 30)

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 5- Mid Term answer

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 5- Mid Term answer

1.

Question :

TCO B. Infuriated when Harry Reid is re-elected during the 2010 fall election, the Republicans in Congress decide to take matters into their own hands. In 2011, the House of Representatives passes a new “Freedom isn’t Free Act” that requires that anyone who wants to vote in the 2012 presidential election must prove that they paid at least $200 in federal income tax in the past year, including people aged 18 (who typically are deducted on their parents’ returns and do not pay income tax). Anyone who received the “earned income credit” is barred from voting unless they return the payment from the government. Proof of payment of the tax can be made by showing a copy of the prior year’s W2, a copy of the prior year’s tax return, or a signed statement from the IRS stating that the payment of more than $200 in federal income tax has been made. Citizens who do not pay taxes can still vote if they donate $200.00 to the federal government as voluntary income tax and get a statement from the IRS that they have done so. The law sunsets on December 31, 2012. List two bases under which someone impacted by this law could argue to have the law overturned.

2.

Question :

TCO F. When Vanna White sued Samsung for appropriation and under the Lanham Act, she won her case under the California common law right of publicity claim and under the Lanham Act. List the eight Sleekcraft factors that are required to prove a Lanham Act complaint.

3.

Question :

(TCO C) Bud Johnson owns a General Motors dealership in Pierre, South Dakota. At the request and expense of General Motors, Bud traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the Roughrider, designed to compete against the current offering of SUVs. Bud went to the proving grounds in the desert around Phoenix and spent a day watching the vehicle demonstrations. Bud and other dealers drove the vehicles, and much dust resulted from their driving. A few weeks later, Bud became ill with flu-like symptoms. He was finally diagnosed as having coccidioidomycosis or “valley fever.” Valley fever is a disease well known to Arizona residents, and most have had it if they have lived there over 10 years. Newcomers are particularly vulnerable to the disease because the exposure to dust seems to build up immunity among the residents

.
Bud became quite ill and brought suit against the car manufacturer that invited him for its failure to warn him about the valley fever phenomenon before he came out to the testing grounds. Answer the following questions, and use cases and theories from the text to support your arguments:

Was there negligence in the failure of General Motors to warn Bud? (15 points)

Discuss all defenses General Motors may have. (15 points)

Does strict liability in torts apply to this situation? Why or why not? (10 points)

 

 

 

 

4.

Question :

TCO D: Barney and his 16-year-old son BamBam are riding in Fred’s car. Fred had taken some prescription medication that morning that stated on the bottle, “Warning, may cause drowsiness.” The truck in front of them suffers a blow-out, and swerves uncontrollably. The tire remnants fly into the road, Fred swerves and hits a car to his left. He avoids hitting the truck with the blow-out but suffers damage to the left side of his car. BamBam hits his head on the side of the car, getting a concussion and permanently losing the sight in his right eye. Fred has state law required auto insurance with the minimum policy limits.

Fred’s wife, Wilma, immediately calls Betty, BamBam’s mom, and apologizes when she finds out about BamBam losing his eye. Wilma says to Betty, “Please don’t worry. We will pay for anything the insurance doesn’t cover, including the loss of BamBam’s sight and anything else he needs to recover and live a normal life.” Betty sobs and says, “You are too good to us. We can’t accept that.” Wilma says, “Of course you can.” Betty cries harder and says, “Thank you so much but (unintelligible)” and hangs up.

Fred and Wilma own a house worth $450,000, a car worth $20,000, a full-size T. rex skeleton for which a museum has offered $200,000 in the past, and some stocks and bonds worth $700,000.

A lawsuit ensues and a judgment against Fred and for BamBam is entered for $300,000. The insurance company paid their cap of $250,000, leaving $50,000 remaining due. Fred and Wilma immediately pay BamBam $50,000. Further, Wilma buys a designer eye-patch for BamBam made specifically by Calvin Klein with a picture of Fred and Wilma’s daughter, Pebbles, on it. Wilma hugs BamBam when she brings over his new eye patch and says, “Anything. Anything you need. We will take care of it for you.” Fred rolls his eyes at Barney, and Barney sighs and shakes his head. Betty and Wilma both cry at how adorable BamBam looks with his new eye patch. Barney buys BamBam a new car, specially designed for people with one eye. Wilma finds out and calls Betty, asking how much the car was. Betty says they are making payments on the car of $450/month for the next 4 years. Wilma writes Betty a check for $450, and sends her one every month for the next 8 months.

Eight months after the judgment was rendered, BamBam is discovered to have more damage to his head than originally thought. He loses sight in his other eye and now is totally blind. BamBam’s parents sue Fred and Wilma again for personal injury, but the case is thrown out as the first case already decided the injury case. Fred refuses to pay more to BamBam, and he takes the checkbook away from Wilma when he discovers she’s been making BamBam’s car payments. The two families stop speaking to each other. BamBam throws away his now useless eyepatch and becomes despondent. His dreams of being a drag racer seem to be over. BamBam’s attorney refiles the case, this time on grounds that Wilma’s statement to Betty was a binding contract that requires that Wilma pay any remaining damages to BamBam, for the remainder of his life.

Was Wilma’s statement a binding contract? Using the law of contracts, explain why or why not. Does BamBam’s age have anything to do with your answer? Can Fred be bound by the potential contract Wilma may have entered into? Use the law of agency to explain your answer to that question. Did Wilma’s purchase of the eye-patch give BamBam a greater leg to stand on in court? What about the car payments she made? Explain fully your answer to these questions.

 

5.

Question :

TCO I. Marianne Jennings wrote an article, “Why an International Code of Ethics would be good,” which was assigned to be read at the beginning of the course. As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read Marianne’s article and can apply her theories and thoughts from that article to the scenario provided. Feel free to rely on the information you know about the situations (if real) or analogize to another one, if you wish. Include in your answer at least two specific concepts from Marianne’s article, and apply those concepts to your reasoning in your answer. You will be graded on your knowledge of the article as well as the application of ethical theories to international situations.

An oil travesty has occurred. In the Gulf Coast, British Petroleum’s deep-sea oil well has had a major malfunction and has exploded. The explosion killed many oil workers. The oil well began spewing oil into the Gulf, and now the entire southern portion of the United States coastal areas has been destroyed.

BP initially came out with advertisements using the CEO of the company apologizing and promising to make this right for the citizens of the United States. Then, the CEO was removed by BP from working the disaster. The crisis continues. Based on the “timing” of the crisis and resolutions that have occurred at the time of your exam, answer the following question using the most relevant facts you know.

Using Marianne Jenning’s article, would an international code of ethics have assisted with the handling of this crisis? Would it have helped BP avoid this crisis? Do you see this as an ethical issue? Support your answer with concepts from her article, as well as other ethical reasons.

 

6.

Question :

TCO A. Use the fact pattern you received in the above Marianne Jennings “International Code of Ethics” question to answer this question. Analyze and propose a solution to the problem you received above using the Blanchard and Peale method. Show the steps, apply the facts, and provide a proposed solution you would suggest.

 

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 Contracts and IP Issues – C You Decide Project Answer

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 Contracts and IP Issues – C You Decide Project Answer

Can Big Bank’s president rescind the contract? Under what circumstances can a contract be rescinded by either party Answer

Can Big Bank’s president rescind the contract? Under what circumstances can a contract be rescinded by either party? What facts have to be alleged and proven? What is the result of a contract that is rescinded?

Big Bank’s president also threatens legal action. What potential causes of action could you foresee him bringing in court? Would he be successful? Why or why not? What arguments could Systems Inc. raise in its defense? What are Big Bank’s potential damages?

Review the facts provided and the sample contract. What provisions of the contract could you cite to support an argument that it is not in Big Banks best interest to rescind the contract? What facts could you cite to support an argument that Big Bank be responsible for some of these issues and/or not in compliance with the contract?

In this situation, amicable resolution of problems is greatly preferred by your company. Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution?

There are three types of contract performance: complete, substantial, and material breach. Describe the differences (and similarities) among the three, and explain some of the legal ramifications for one or more of these types of performances. (e.g., what happens if one party performs completely but the other party performs only substantially?) Give examples from outside readings or experiences in your career or personal business life.

What are the two most important concepts from this exercise that will help you in future contract negotiations? (All students must answer this question for full credit in this project.)