[New Soln] LAWS310 Week 1-8: Course Projects and Assignments
LAWS310 Week 1-: Course Project Part 1Week 1: Course Project Part 1
Refer to the Course Project Overview page located in the Introduction & Resources module to preview the course project’s weekly milestones (Weeks 1-6) and the final deliverable due in Week 7.�
Week 1: Choose a name for your LLCYour assignment this week is to choose a name for your hypothetical LLC. The name must be unique and cannot already be in use. Once you have chosen your name, go to Better Legal
Links to an external site., choose your State, and check to see if your business name is available. Your assignment this week will be the submission of your unique LLC name. You may provide this LLC name in either this submission page’s text entry box or as a file attachment. For the latter method, submit a Microsoft Word document named in this format: LastName_LAWS310_Course-Project_Part1.docx.Remember to submit the assignment before 11:59 PM Mountain Time on Sunday at the end of the week.
LAWS310 Week 1-: Course Project Part 1Week 2: Course Project Part 2
Due Jul 16 by 11:59pm
Points 15
Submitting a file upload
Available after Jul 8 at 11:59pm
Remember This
Refer to the Course Project Overview page located in the Introduction & Resources module to preview the course project’s weekly milestones (Weeks 1-6) and the final deliverable due in Week 7.
Week 2: Articles of Organization
Prepare your Articles of Organization to be filed. Your submission should include the name of the LLC, address, and the names of any other members of the LLC. (Have fun with the assignment. Ask friends or family if they would be interested in becoming a part “owner” in your company.) Please see Attached Template or in Files > Assignments.
Submit a Microsoft Word document named using this format: LastName_LAWS310_Course-Project_Part2.docx
LAWS310 Week 3: Course Project Part 3
Due Jul 23 by 11:59pm
Points 15
Submitting a file upload
Available after Jul 15 at 11:59pm
Remember This
Refer to the Course Project Overview page located in the Introduction & Resources module to preview the course project’s weekly milestones (Weeks 1-6) and the final deliverable due in Week 7.
Week 3: Create an LLC Operating Agreement
Each LLC must have an Operating Agreement. This agreement contains the guidelines each owner must follow. This week’s assignment is to create an Operating Agreement for your LLC. Make sure to include each member’s percentage interest, responsibilities, and information on voting. Please see Files > Assignments for an example template you can follow.
Submit a Microsoft Word document named using this format: LastName_LAWS310_Course-Project_Part3.docx
LAWS310 Week 4: Course Project Part 4
Remember This
Refer to the Course Project Overview page located in the Introduction & Resources module to preview the course project’s weekly milestones (Weeks 1-6) and the final deliverable due in Week 7.
Week 4: Publish a Notice
This week you will complete a hypothetical notice to be published in your local newspaper. This hypothetical notice informs the general public of your intentions to form an LLC. See and USE THE sample notice (publication request) in FILES.
Submit a Microsoft Word document.
LAWS310 Week 5: Course Project Part 5
Remember This
Refer to the Course Project Overview page located in the Introduction & Resources module to preview the course project’s weekly milestones (Weeks 1-6) and the final deliverable due in Week 7.
Week 5: Obtain Licenses and Permits
This week you will need to decide if there are any licenses or permits you’ll need to obtain before you open your business.
Are you selling an item? If so, does that require a seller’s permit? Will you need a building permit? Or possibly an environmental permit? Conduct a bit of research to determine if your item will need any type of permits.
Describe which permits and/or licenses your business would be required to have in order to operate in your locale. Include:
1. the location requiring said permit or license, such as county, city, state, federal, etc.
2. along with the name and brief description of the license or permit.
Submit a Microsoft Word document.
LAWS310 Week 6: Course Project Part
Remember This
Refer to the Course Project Overview page located in the Introduction & Resources module to preview the course project’s weekly milestones (Weeks 1-6) and the final deliverable due in Week 7.
Week 6: Piercing the Corporate Veil Assignment
As you know, members of an LLC have limited liability (i.e., they are liable for the debts and obligations of the corporation only to the extent of their capital contribution), and they are not personally liable for the debts and obligations of the corporation. However, if a member dominates a corporation and uses it for improper purposes, a court of equity can disregard the corporate entity and hold the members of the corporation personally liable for the corporation’s debts and obligations.
This doctrine is commonly referred to as “piercing the corporate veil.” It is often resorted to by unpaid creditors who are trying to collect from the owners or members a debt owed by the corporation. The piercing the corporate veil doctrine is also called the alter ego doctrine because the corporation becomes the alter ego of the shareholder.
Courts will pierce the corporate veil if: (1) the corporation has been formed without sufficient capital (i.e., thin capitalization) or (2) separateness has not been maintained between the corporation and its shareholders (e.g., commingling of personal and corporate assets, failure to hold required shareholders’ meetings, failure to maintain corporate records and books). The courts examine this doctrine on a case-by-case basis.
For this assignment, find a legal case in which one litigant was successful in an action by using the doctrine of piercing the corporate veil.
Tell us about the case, and then list each specific reason the court gave for finding that it was proper to pierce the veil.
Before searching for a case, I suggest reading an article about piercing the veil. This article, by Charles B. Jimerson and Brittany N. Snell, of Jimerson & Cobb P.A. is excellent.
The Five Most Common Ways to Pierce the Corporate Veil and Impose Personal Liability for Corporate Debts
Good luck! Let me know if you have any questions.
LAWS310 Week 7: Course Project – Final
Remember This
Refer to the Course Project Overview page located in the Introduction & Resources module to review the course project’s final deliverable due in Week 7, and the prior six (6) Course Project Homework assignments.
Week 7: Submit Your Course Project
Your assignment this week is to submit your project in its entirety. Submit your entire project as one document. You will also be required to submit a 2-3 page paper about your experience with this project. Within this paper, summarize each of your submissions by explaining what research you did that week. The final paragraph will be your personal thoughts about the project. What did you learn? Some areas to address are as follows:
Why did you choose the LLC name?
What audience are you targeting?
What types of struggles may you encounter with this business?
How do you determine if your LLC is successful?
What types of contracts should be written between the partners?
Submit a Microsoft Word document named using this format: LastName_LAWS310_Course-Project_Final.docx, that contains the compilation of all your prior submissions for the Course Project, as well as the additional 2-3 page paper described above.
Rubric
Course Project Rubric
Criteria
Ratings
Pts
This criterion is linked to a Learning Outcome Organization and CohesivenessA quality assignment will completely answer the questions asked of the student using the facts and information given in the project. Research should be relevant to the questions asked, and the student should apply concepts learned in the course to the situation when explaining the outcome.
152 pts Full Marks 0 pts No Marks
152 pts
This criterion is linked to a Learning Outcome EditingA quality project will be free of any spelling, punctuation, or grammatical errors. Sentences and paragraphs will be clear, concise, and factually correct. A quality project will be free of any spelling, punctuation, or grammatical errors. Sentences and paragraphs will be clear, concise, and factually correct.
19 pts Full Marks 0 pts No Marks
19 pts
This criterion is linked to a Learning Outcome APA FormattingA quality project will be free of any spelling, punctuation, or grammatical errors. Sentences and paragraphs will be clear, concise, and factually correct
19 pts Full Marks 0 pts No Marks
19 pts
Total Points: 190
LAWS310 Week 8: Course Reflection Paper
Remember This
This paper should be thoughtful and complete. If any sources are used, they must be properly cited. However, given that this is a first-person essay, it is likely that no sources will be needed.
Remember, too! This is Week 8, so the assignment is due Saturday 11:59 PM MT instead of Sunday.
Week 8: End-of-Course Reflection Paper
This reflection entry is your final assignment for LAWS310. You will write an essay in the first person. The final essay should be 2-3 pages long.
Answer the following:
What were your expectations at the start of this course?
Describe your experiences during this course as to course assignments.
What have you learned or experienced that was useful for you in your current career?
How will this course help you in your future career?
How has this course helped you to develop?
Of the topics covered in this course, which were the most relevant to you?
What were your favorite things about the course?
What were your least favorite parts?
If you could change anything in this course, what would it be?
Which topic/course objective do you wish we would have spent more time on?
Looking to the future, what skills/knowledge learned in this class do you see yourself using?
Overall, how would you rate your performance in this class? Why? What you could have done better.
Closing thoughts on this course.
Submit a Microsoft Word document named using this format: LastName_LAWS310_W8_Reflection-Paper.docx.
Rubric
Reflection Paper Rubric
Criteria
Ratings
Pts
This criterion is linked to a Learning Outcome Organization and CohesivenessA quality assignment will completely answer the questions asked of the student using the facts and information given in the project. Research should be relevant to the questions asked, and the student should apply concepts learned in the course to the situation when explaining the outcome.
30 pts Full Marks 0 pts No Marks
30 pts
This criterion is linked to a Learning Outcome EditingA quality project will be free of any spelling, punctuation, or grammatical errors. Sentences and paragraphs will be clear, concise, and factually correct. A quality project will be free of any spelling, punctuation, or grammatical errors. Sentences and paragraphs will be clear, concise, and factually correct.
10 pts Full Marks 0 pts No Marks
10 pts
This criterion is linked to a Learning Outcome APA FormattingA quality project will be free of any spelling, punctuation, or grammatical errors. Sentences and paragraphs will be clear, concise, and factually correct
10 pts Full Marks 0 pts No Marks
10 pts
LAWS310 Week 2: Quiz Results
Score for this attempt: 100 out of 100
Submitted Jul 15 at 6:06am
This attempt took 15 minutes.
Question 1
5 / 5 pts
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced
Constitutional Law
Statutory Law
Uniform Law
Correct!
Statute of Limitations
Chapter 1
Question 2
5 / 5 pts
The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)
Civil Law
Administrative Law
Correct!
Statutory Law
Substantive Law
Chapter 1
Question 3
5 / 5 pts
A reference to a publication in which a legal authority – such as a statute or court decision- or other source can be found
Correct!
Citation
Cyberlaw
Persuasive authority
Precedent
Chapter 1
Question 4
5 / 5 pts
A computer program that is designed to block access to certain web sites, based on their content.
Plaintiff
Correct!
Filtering software
Defendant
Rule making
See Chapter 1.
Question 5
5 / 5 pts
A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party’s attorney.
federal courts
federal question
Correct!
interrogatories
Motion for judgment
See Chapter 2.
Question 6
5 / 5 pts
The requirement that an individual must have a sufficient stake in a matter before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she either has been injured or has been threatened with injury.
Correct!
standing to sue
closing argument
bankruptcy courts
motion for a new trial
See Chapter 2.
Question 7
5 / 5 pts
In a lawsuit, an issue involving the application or interpretation of a law. Therefore, the judge, and not the jury, decides the issue
long arm statute
judicial review
Federal Judges…
Correct!
questions of law
See Chapter 2
Question 8
5 / 5 pts
A rule in tort law, used in the majority of states, that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely.
Contributory Negligence
Reasonable Person Standard
Business Invitee
Correct!
Comparative Negligence
See Chapter 3
Question 9
5 / 5 pts
A legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort.
Slander of Title
Product Liability
Correct!
Transferred Intent
Res Ipsa Loquitur
See Chapter 3
Question 10
5 / 5 pts
Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods.
Transferred Intent
Actual Malice
Duty of Care
Correct!
Strict Liability
See Chapter 3
Question 11
5 / 5 pts
Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.
Correct!
Punitive Damages
Compensatory Damages
Product Liability
Damages
See Chapter 3
Question 12
5 / 5 pts
Provides that the constitution, laws, and treaties of the US are the supreme law of the land.
Correct!
supremacy clause
search warrant
preemption
checks and balances
See Chapter 4
Question 13
5 / 5 pts
When congress chooses to act exclusively in a concurrent area
supremacy clause
Correct!
Preemption
search warrant
checks and balances
See Chapter 4
Question 14
5 / 5 pts
Allows state governments board rights to regulate private activities to promote the public health, order, safety and general warfare, also known as state regulatory laws
symbolic speech
Correct!
police powers
commerce clause
equal protection clause
See Chapter 4
Question 15
5 / 5 pts
Power to govern themselves
meta tag
police powers
Correct!
sovereignty
symbolic speech
See Chapter 4
Question 16
5 / 5 pts
Under trademark law, any symbol, word, or name used in the sale of goods to distinguish the services available from a particular source
certification mark
trade dress
Correct!
service mark
infringement
See Chapter 9
Question 17
5 / 5 pts
A trademark which describes the good or service in question
cybersquatting
Correct!
descriptive
suggestive
generic
See Chapter 9
Question 18
5 / 5 pts
The right of an author or artist, by copyright, to guarantee the integrity of the creation
copyright
Correct!
moral right
fair use
counterfeiting
See Chapter 9
Question 19
5 / 5 pts
A business owned by a person who is not organized as a corporation.
General Partner
Operating Agreement
Correct!
Sole Proprietorship
Fiduciary
See Chapter 12
Question 20
5 / 5 pts
In corporation law, the rules that regulate and govern the internal operations of a corporation with respect to directors, shareholders, and officers rights and duties.
S corporation
Correct!
Bylaws
principal
perpetual existence
See Chapter 12
Quiz Score: 100 out of 100
LAWS310 Week 3: You Decide
Due Jul 23 by 11:59pm
Points 50
Submitting a file upload
Available after Jul 15 at 11:59pm
Review the You Decide Overview content item in the Week 3 Module and complete the assignment as outlined in the Assignment/Your Role sections of the You Decide page.
What Is Business Formation?
Click each tab below, and also read and complete the Assignment section in the lower half of this page:
Scenario/Summary
Gloria Smithson and her husband Joe have created a revolutionary widget that they believe will revolutionize the industry. Joe Smithson is an engineer, and he and Gloria worked steadily for approximately 1 year to develop the design. They have applied for a patent, which is currently pending. They have created prototypes and are ready to begin looking for manufacturers and accounts. However, they have not yet created a business and are not sure which type of entity will best serve their needs. They want to create a business that can grow steadily and perhaps expand globally. Gloria has researched accounting firms and believes she has found one that will be able to answer all of her questions. She wants to develop a long-term relationship with an accountant who regularly works with start-up businesses and who has global connections.
Your Role
You are a business planner and accountant. Your expertise is in helping clients evaluate business formation options and business strategy. You have cultivated many international contacts in a variety of fields, including manufacturing. You believe that you will be able to help Gloria find appropriate manufacturing options abroad as well as companies in several countries with which she might want to partner. You have created an extensive memorandum that outlines the various business entity options, the strengths and weaknesses of each, as well as suggestions concerning global expansion. Gloria has come to you to get some advice on which business entity best suits her needs and objectives.
Gloria regularly used widgets* in her position as a manufacturing supervisor at Energy Efficiency Ltd. An engineer by education, she spent evenings designing a newer, better, and more efficient widget that would revolutionize the energy industry. When she felt confident that she had perfected the design, she and her husband Joe fabricated a prototype. When the prototype functioned as they intended, they hired a lawyer to file design and utility patent applications. Now, 18 months later, their attorney told them that they have been granted provisional design and utility patents. Gloria is confident that she is ready to start her business, and she wants to quit her current job to do so. Gloria knows the business will start small but believes that it will grow into a multimillion-dollar company with many employees. She wants to minimize the taxes the business pays, and she wants to make sure that she and her family are insulated from personal liability for debts of the business, or liability in the event of injury caused by the widget.
*an unnamed article used for purposes of hypothetical example.
Deliverable
Gloria is very concerned about insulating herself and her family from personal liability. You are a business planner and accountant. Gloria has come to you to get some advice on which business entity best suits her needs and objectives. For this assignment, you will prepare a three- to four-page memo to Gloria Smithson to advise her on which business entity you recommend she choose based on her situation and your research.
Assignment
Gloria is very concerned about insulating herself and her family from personal liability. You are a business planner and accountant. Gloria has come to you to get some advice on which business entity best suits her needs and objectives. For this assignment, you will prepare a three- to four-page memo to Gloria Smithson to advise her on which business entity you recommend she choose based on her situation and your research.
Prepare a memo that addresses the elements below.
Identify three business formations that you believe Gloria could consider as appropriate for her business.
Define each chosen business formation.
Explain at least three pros and three cons for each potential business formation.
Using the course material and the DeVry Library, research which business formation would best insulate Gloria and her family from potential liability.
Your memo will be graded using the Week 3 You Decide Rubric.
Below are some more tips to help you be successful in this assignment.
The heading of your memo should be: Memo to Gloria Smithson.
Your memo should be three to four pages long, exclusive of the cover page and references page. It should comply with APA 7th edition formatting.
Cover page
References page
12-point, Times New Roman font
No website references
Include at least two scholarly references in addition to your textbook
Include in-text references to sources
This You Decide will be graded using the You Decide Rubric available in the Files section of the Course Menu.
Score for this attempt: 95 out of 100
Submitted Jul 26 at 6:40pm
This attempt took 52 minutes.
Question 1
5 / 5 pts
Distributed in following order: (1) creditors; (2) creditor partners; (3) capital contributions; and (4) profits.
Wrongful dissolution
Partnership rights
Certificate of limited partnership
Correct!
Distribution of assets
See Chapter 14
Question 2
5 / 5 pts
In a limited partnership, a partner who contributes capital to the partnership but has no right to participate in the management of the business; partner assumes no liability for partnership debts beyond the capital contributed.
Limited partnership
Correct!
Limited Partner
Joint liability
Partnership name
See Chapter 14
Question 3
5 / 5 pts
(1) Duty of loyalty, (2) duty of care, (3) duty to inform, and (4) duty of obedience.
Duties of contractors
Correct!
Duties of partners
Duties of customers
Duties of loyalty
See Chapter 14
Question 4
5 / 5 pts
A duty that requires partners to adhere to the provisions of the partnership agreement and the decisions of the partnership.
Duties of partners
Duty of Loyalty
Correct!
Duty of Obedience
Duty to Inform
See Chapter 14
Question 5
5 / 5 pts
Tort liability of parties together and individually; plaintiff can sue one or more partners separately; if successful the plaintiff can recover the entire amount of the judgment from any or all of the defendant partners who have been found liable.
Joint liability
Partnership termination
Correct!
Jointly and severally liable
Sole Proprietorship
See Chapter 14
Question 6
0 / 5 pts
A principal whose identity is not known by the third party, but the third party knows the agent is or may be acting for a principal at the time the contract is made.
You Answered
Undisclosed Principal
Independent Contractor
Correct Answer
Unidentified Principal
Disclosed Principal
See Chapter 14
Question 7
5 / 5 pts
Agreement between parties that an agent will act on behalf and instead of the principal in negotiating and transacting business with third parties.
Agency by Estoppel
Correct!
Agency
E-Agent
Fiduciary
See Chapter 14
Question 8
5 / 5 pts
Define Wrongful Dissolution
Your Answer:
In the context of business and partnership law, the phrase “wrongful dissolution” refers to when one or more partners terminate a partnership without the approval of the other partners or in breach of the partnership agreement. A partnership’s relationship between the partners is often governed by an agreement, which also specifies the circumstances under which the partnership may be dissolved.
When a partner or group of partners attempt to dissolve the partnership without following the established procedures or without good cause, this is known as wrongful dissolution. This might occur if one of the partners decides to dissolve the partnership without following the terms of the partnership agreement or the law.
Examples of unjust dissolution include the following:
Unanimously and in violation of the terms of the partnership agreement, one partner decides to end the business relationship.
In contravention of a requirement or term outlined in the partnership agreement, a partner dissolves the partnership.
A situation in which a partner withdraws from a partnership without having the right to do so at that time.
See Chapter 14
Question 9
5 / 5 pts
Name the disadvantages of a sole proprietorship.
Your Answer:
One-person businesses have a number of drawbacks, including:
Unlimited personal liability: As the sole proprietor, you are liable for any debts and obligations incurred by the company. Your personal assets are in danger if the firm accrues debt or is sued.
Limited access to cash: Since sole proprietors must rely on personal savings or loans, which may be restrictive, they frequently struggle to raise sizable sums of capital.
Lack of continuity: Because the existence of the business depends on the owner, if the owner decides to retire, becomes ill, or passes away, the business usually ends unless a formal succession plan is in place.
Limited management and expertise: As a sole proprietor, you may encounter constraints in terms of abilities and knowledge because all duties and decision-making are yours alone.
The perceived instability and restricted growth potential of small sole proprietorships may make it difficult to recruit talented staff or partners.
Competitors may find it challenging for sole proprietorships to compete with larger companies in terms of resources, marketing, and negotiating strength.
Limited development potential: It is challenging to grow a business considerably since its growth is frequently constrained by the resources and abilities of the solitary proprietor.
Tax implications: Compared to some other business models, sole proprietors may have a higher tax burden due to self-employment taxes.
Fundraising challenges: Lenders may view sole proprietorships as riskier than other business entities, making it difficult to obtain financing or loans for the business.
Lack of credibility: Compared to bigger, incorporated businesses, some clients, suppliers, and investors could consider sole proprietorships as less reliable and stable.
1. Limited access to capital 2. Long hours 3. Legally responsible for all contracts, losses, and liabilities 4. Legally responsible for all torts committed by owner or employees 5. Creditors can go after personal assets of sole proprietor
See Chapter 14
Question 10
5 / 5 pts
A labor law, when a majority of the workers at a workplace vote to have a union be their collective bargaining agent, the National Labor Relations Board certifies the legal standing of the union for that purpose.
Representation election
Unfair labor practice
Correct!
Union certification
Concerted activity
See Chapter 15
Question 11
5 / 5 pts
A work stoppage by employees for the purpose of coercing their employer to give in to their demands.
Lockout
Correct!
Strike
Union
Vesting
See Chapter 15
Question 12
5 / 5 pts
Also called HazCom in employment law; the requirement that an employer provide training and information about hazardous chemicals employees will be exposed to on the job.
authorization card
Correct!
Hazard Communication Standard
Retaliatory discharge
occupational licensure
See Chapter 15
Question 13
5 / 5 pts
In employment law, workplace rules adopted by an employer with respect to any required tests and the consequences of abuse of drugs, alcohol, or other substances; must comply with certain federal and state laws.
Anti-Raiding Covenant
public policy exception
Correct!
substance-abuse policy
noncompete agreement
See Chapter 15
Question 14
5 / 5 pts
In labor law, actions by employees, such as a strike or other mutual activity that furthers their employment interests, protected by the National Labor Relations Act.
Correct!
Concerted activity
Union certification
Representation election
Primary boycott
See Chapter 15
Question 15
5 / 5 pts
The union recognized and certified by the National Labor Relations Board, upon election by a majority of the workers, to be the exclusive representative of employees in a bargaining unit (worksite) to determine working conditions and wages.
Occupational licensure
Secondary boycott
Correct!
Bargaining agent
Wrongful discharge
See Chapter 15
Question 16
5 / 5 pts
What is a Bargaining Agent?
Your Answer:
A Bargaining Agent is a person chosen or appointed by a group of employees to negotiate with the employer on their behalf over working conditions, salaries, benefits, and other employment-related issues is known as a “bargaining agent” in the context of labor relations and collective bargaining. The bargaining agent represents the workers as their official representatives and works to advance their common objectives during the negotiation process.
A formal method, such as a union certification election run by the National Labor Relations Board (NLRB) in the United States, is typically involved in the process of choosing or designating a bargaining agent. A union or representative organization is designated as the recognized negotiating agent for the members of a bargaining unit if a majority of the workers in that unit vote in favor of that organization.
Once certified, the bargaining agent is qualified to represent the workers in discussions with management or the employer. A collective bargaining agreement (CBA), which specifies the terms and circumstances of employment, including pay, benefits, working hours, grievance procedures, and other pertinent issues, is the end goal of these negotiations.
The union recognized and certified by the National Labor Relations Board, upon election by a majority of the workers, to be the exclusive representative of employees in a bargaining unit (worksite) to determine working conditions and wages.
Question 17
5 / 5 pts
In order to be legally obligated to follow the Age Discrimination in Employment Act, an employer must have:
100 or more employees
40 or more employees
30 or more employees
Correct!
20 or more employees
See Chapter 16
Question 18
5 / 5 pts
Give a short description of Affirmative Action.
Your Answer:
In order to address historical and current prejudice and advance equitable opportunities for underrepresented or disadvantaged groups in fields including employment, education, and contracting, affirmative action is a collection of policies and programs. Affirmative action’s main goal is to improve the participation and representation of people from minority groups, women, and other protected classes in occupations where they have traditionally been underrepresented.
Initiatives for affirmative action can take a variety of shapes, including:
Employment:In order to boost diversity in the workforce, businesses and organizations may establish policies that actively recruit, hire, and promote members of underrepresented groups.
Education: Educational institutions may use outreach and recruitment strategies to draw students from various backgrounds and may take race or ethnicity into account as one of a number of admissions-related considerations.
Contracting:Minority-owned firms may be required to participate in government agencies and private organizations’ procurement procedures.
A program which is a deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members when a particular class is underrepresented in the employer’s workforce. Such programs have been adopted based on race or sex only.
See Chapter 16
Question 19
5 / 5 pts
Sex discrimination specifically includes:
Discrimination with respect to childbearing plans
Related medical conditions
Correct!
All of the above
Pregnancy
See Chapter 16
Question 20
5 / 5 pts
What are some examples of ways an employer could make reasonable accomadations for an employee?
Your Answer:
To provide equal access to employment opportunities and to enable employees with disabilities or other protected characteristics to execute their job obligations successfully, employers are required to provide reasonable accommodations. The following are a few instances of acceptable modifications an employer might make:
Making accommodations for employees with mobility issues, such as adding ramps, elevators, or enlarging doorways, is known as providing accessibility.
Flexible working hours: Enabling a disabled employee to have a modified work schedule to meet therapy sessions or medical appointments.
Allowing an employee to work remotely, whether from their home or another location if doing so will enable them to do their jobs well.
Restructuring the job is keeping the essential functions of the role while changing the duties or obligations to fit the employee’s skills and limitations.
Providing specialized tools or assistive technologies, such as magnifiers, screen readers, or ergonomic tools, to help staff members with impairments complete their work.
Making existing facilities accessible
Job restructuring
Part-time or modified work schedules
Acquiring or modifying equipment
Score for this attempt: 95 out of 100
Submitted Aug 10 at 3:49am
This attempt took 71 minutes.
Question 1
5 / 5 pts
People with voidable contracts
Correct!
Minors
Military personnel
College graduates
Elderly
See Chapter 10
Question 2
5 / 5 pts
Both parties agree that the contract should be terminated without performance.
Correct!
Rescission
Termination
Disaffirm
Consideration
See Chapter 10
Question 3
5 / 5 pts
Person who makes an offer.
Promisee
Offeree
Promisor
Correct!
Offeror
See Question 10
Question 4
5 / 5 pts
Agreement under which one promise is given in exchange for another.
Executory Contract
Executed Contract
Correct!
Bilateral Contracts
Express contract
See Chapter 10
Question 5
0 / 5 pts
A binding agreement based on the genuine asset of the parties, made for a lawful object, between competent parties, in the form required by law and generally supported by consideration.
You Answered
Valid contract
Voidable contract
Express contract
Correct Answer
Contract
See Chapter 10
Question 6
5 / 5 pts
Define, “Material Breach”
Your Answer:
A material breach is when a promise or task in a contract is broken or not kept in a big way. It’s a major violation that goes to the heart of the contract and changes what it was made to do.
In a material breach, the failure to perform is so big that it keeps the hurt party from getting what they could have expected to get from the contract. If a party breaks a contract in this way, the other party has a right to think the contract is over and seek legal remedies, such as fines.
For example, if you hire a contractor to build a house and they use materials and a design that are totally different from what was agreed upon, that could be seen as a serious breach of the contract.
If the performance provided by a party is substantially less than the requirements of the contract.
Question 7
5 / 5 pts
Explain the role of a Promisee.
Your Answer:
Within the framework of a contractual agreement, the promisee refers to the individual or entity to whom a commitment or assurance is extended. In essence, the individual in question assumes the role of the beneficiary, who is entitled to receive the fulfillment of a commitment or duty made by another person, referred to as the promisor.
The following is an analysis of the responsibilities and functions of the promisee:
The acceptance of a promise refers to the act of the promisee acknowledging and agreeing to the terms set forth by the promisor. This acceptance is frequently a crucial element in establishing a legally enforceable contract.
Performance Expectation: Following the establishment of a promise, the individual to whom the promise is made possesses the anticipation that the individual making the promise will duly execute the specified responsibility or commitment in accordance with the agreed terms. This could potentially entail an obligation to provide a service, make a monetary payment, deliver goods, and so forth.
Legal Rights: In the event that the individual making the promise fails to fulfill their obligation, the recipient of the promise may possess legal entitlements to enforce the terms of the promise. The potential recourse available in response to a promise and contract may encompass many legal remedies, such as pursuing damages, specific performance, or other appropriate courses of action, contingent upon the precise characteristics of the promise and contract in question.
Potential Obligations: Within numerous contractual agreements, particularly those of a bilateral nature, it is common for the party to whom a promise is made (the promisee) to simultaneously assume the role of the party making the promise (the promisor). In alternative terms, it is plausible that they have entered into a reciprocal agreement by offering their own commitment in return for the commitment they are currently getting. In the context of a sales contract, it is common for one party, referred to as the promisor, to undertake the obligation of delivering goods, while the other party, also a promisor but acting as the promisee with respect to the delivery of goods, assumes the responsibility of making payment.
Person to whom a promise is made.
Question 8
5 / 5 pts
What are Formal Contracts?
Your Answer:
Formal contracts are legally binding agreements that necessitate adherence to specified formalities or prescribed methods of creation in order to be recognized as valid. The imposition of a specific level of formality is frequently prescribed by legislation and typically aims to guarantee that the involved parties comprehend the gravity and legal implications of the transaction.
The following are several fundamental elements of formal contracts:
1. Written Documentation: It is customary for formal contracts to be documented in writing and may necessitate the inclusion of certain wording or phrases. The present written documentation serves as a comprehensive record of the terms and conditions that have been mutually agreed upon by the involved parties.
2. Signatures: The inclusion of signatures is a common requirement in formal contractual agreements, necessitating the participation of all parties involved. The act of signing the contract functions as a means to validate and acknowledge the comprehension and agreement of the provisions by all involved parties.
4. Requirement of Witnesses: In order to establish the validity of certain formal contracts, it is necessary to have witnesses present or to have the contract notarized. The inclusion of an additional layer of verification serves to enhance the integrity of the process and serves as a deterrent against any conflicts or fraudulent activities.
5. Illustrative Instances: Prominent instances of formal contracts encompass deeds, wills, negotiable instruments, and specific categories of contracts associated with real estate.
6. Enforceability:The purpose of the formalities connected with formal contracts is often to establish unambiguous proof of the agreement and the intentions of the involved parties. Noncompliance with the prescribed protocols may result in the contract being deemed unenforceable.
Written contracts or agreements whose formality signifies the parties’ intention to abide by the terms.
Question 9
5 / 5 pts
What is the main purpose of the Merchant’s Firm Offer?
Your Answer:
The Merchant’s Firm Offer is a notion in US contract law that applies to the sale of goods, specifically within the Uniform Commercial Code (UCC). It serves a specific purpose in commercial transactions by providing merchants with consistency and assurance.
The fundamental objective of a Merchant’s Firm Offer is to make an offer irrevocable for a certain period of time, even if such irrevocability is not considered. In other words, a merchant (someone who buys and sells products) might make an offer to buy or sell goods and agree to keep that offer open for a set period of time. Here’s why it’s crucial:
It promotes certainty and stability in commercial transactions by allowing the offeree (the offer’s recipient) to rely on the offer continuing available for the stated term.
Facilitates planning and decision-making: Businesses frequently require time to ponder major purchase decisions. A Merchant’s Firm Offer guarantees that they can take that time without the risk of the offer being withdrawn in the interim.
Builds Trust:When a merchant commits to keeping an offer open, he or she develops trust with potential customers or sellers. This is especially important when it comes to developing long-term commercial ties.
Legal Requirements: A Merchant’s Firm Offer must be given by a merchant, in writing, and include guarantees that it will be held open for the indicated term (or a reasonable time if not stated, but not exceeding three months) under the UCC.
Avoids Consideration for the Option:In standard contract law, there must be a consideration for an option contract (a pledge to keep an offer open). The Merchant’s Firm Offer rule is an exception, acknowledging the practical reality that merchants frequently need to make binding promises without receiving anything in exchange for the pledge to keep the offer open.
It modifies the contract rules governing when an offer may be revoked.
Question 10
5 / 5 pts
The right of a party who tenders nonconforming performance to correct his or her performance within the contract period.
Lessee
Insolvent
Correct!
Cure
Lessor
See Chapter 11
Question 11
5 / 5 pts
A test courts use to determine whether a contract is primarily for the sale of goods or for the sale of services.
Correct!
Predominant-Factor Test
Course of Dealing
Course of Performance
Destination Contract
See Chapter 11
Question 12
5 / 5 pts
Property that has physical existence and can be distinguished by the senses of touch and sight.
Fungible Goods
Intangible Property
Insurable Interest
Correct!
Tangible Property
See Chapter 11
Question 13
5 / 5 pts
Any practice or method of dealing that is so regularly observed in a place, vocation, or trade that parties justifiably expect it will be observed in their transaction.
Document of Title
Correct!
Usage of Trade
Shipment Contract
Sales Contract
See Chapter 11
Question 14
5 / 5 pts
The conduct that occurs under the terms of a particular agreement, which indicates what the parties to that agreement intended the agreement to mean.
Correct!
Course of Performance
Course of Dealing
Document of Title
Intangible Property
See Chapter 11
Question 15
5 / 5 pts
Limits liability from a stolen ATM card if the consumer reports the loss of card. It also makes financial institutions liable to consumers for damages from failure to make electronic transfers of funds.
Equal Credit Opportunity Act (ECOA)
Correct!
Electronic Fund Transfer Act
Truth-in-Lending Act (TILA)
Fair Credit Reporting Act
See Chapter 19
Question 16
5 / 5 pts
This Act places restrictions on late fees and requires anyone under the age of 21 to have a co-signer for a credit card.
Consumer Leasing Act
Correct!
Consumer Credit Card Act
Fair Credit Billing Act
Fair Credit Reporting Act
See Chapter 11
Question 17
5 / 5 pts
This doubt is based on reason and common sense after careful, deliberate consideration of all the pertinent evidence.
Premises liability
Correct!
Proof beyond a reasonable doubt
Preponderance of the evidence
Strict liability tort
See Chapter 17
Question 18
5 / 5 pts
Basic obligation not to cause harm or an unreasonable risk of harm.
Externalities
Correct!
Duty of care
Product liability
Misdemeanor
See Chapter 17
Question 19
5 / 5 pts
Prohibits and punishes wrongful conduct.
Private law
Correct!
Criminal law
Public law
Statutory law
See Chapter 17
Question 20
5 / 5 pts
State the difference between Criminal Law and Public Law.
Your Answer:
Both criminal law and public law are concerned with the control and governance of society, but their scope, purpose, and application differ:
1. Criminal Law: – **Definition**: Criminal law deals with an activity that is or can be perceived as an infraction against the public, society, or state, even if the immediate victim is a person. – Scope: It defines crimes, imposes punishments, and governs the investigation and prosecution of people accused of committing crimes. – Enforcement: Government agencies such as police and prosecutors enforce criminal law. Criminal charges are brought by the state, not by individuals. – Penalties: For criminal violations, penalties may include jail, fines, probation, community service, and other forms of punishment. – Standard of Proof: In criminal proceedings, guilt must be established “beyond a reasonable doubt.”
2. Public Law: – **Definition**: Public law governs the interaction between individuals (or private entities) and the state, including the form and operation of the government, administrative acts, and the relationships between various departments of government. – Scope: Public law embraces a wide range of topics, including constitutional law, administrative law, and even criminal law. Criminal law is, in this sense, a subdivision of public law. – Enforcement: Various governmental bodies enforce public law, and people can sometimes file lawsuits against the government as well (for example, in cases involving constitutional rights infringement). – Objectives: The goal of public law is to ensure that governmental authorities follow the law, protect individual rights, and govern in accordance with the constitutional mandate. – Legal Proceedings: In public law, legal proceedings may be used to dispute the legality of government activities or to seek redress for infringement of constitutional rights.
In essence, while criminal law is concerned with defining and punishing crimes against society, public law encompasses the regulation of all relationships between the government and persons or other entities, including but not limited to criminal matters. Criminal law is, in fact, a subdivision of public law that focuses on concerns concerning crimes and punishments.
Criminal law prohibits and punishes wrongful conduct, while Public Law is the law of relationships between individuals and the government.
Quiz Score: 95 out of 100
LAWS310 Week 1: Corporate Social Responsibility
What is corporate social responsibility? Provide two examples of corporations that meet that definition of corporate social responsibility and identify what they do that makes them socially responsible.
Hello Professor and Classmates,
Corporate social responsibility (CSR) is a self-regulating business model that helps a company be socially accountable to itself, its stakeholders, and the public. By practicing corporate social responsibility, also called corporate citizenship, companies can be conscious of the kind of impact they are having on all aspects of society, including economic, social, and environmental.
One example of a corporation that meets the definition of CSR is Patagonia. They are known for their commitment to sustainability and environmental activism. Patagonia takes various actions to be socially responsible, such as donating a percentage of their sales to environmental organizations, implementing environmentally friendly practices in their supply chain, and advocating for policies that promote environmental protection. Another example is Microsoft. They have made significant efforts to address social issues through their CSR initiatives. Microsoft focuses on areas like education, digital inclusion, and sustainability. They have launched programs like “Microsoft Philanthropies” to provide technology access and skills training to underserved communities, and have set ambitious environmental goals to reduce their carbon footprint and promote renewable energy. Both Patagonia and Microsoft demonstrate corporate social responsibility by actively engaging in practices and initiatives that aim to have a positive impact on society and the environment, going beyond their core business activities.
Review the Course Objectives outlined in the Syllabus (refer to the main course menu). Share your expectations from this course.
Good day professor.
When I see The Legal Environment, which, of course, in this case, concerns a business, I expect that I will learn how to start a legal business entity and understand how a business interacts wth the state. The course objects clarify that in that some of the things we shall learn include the types of business, branches of government in the organization of businesses, regulation, contracts, intellectual property rights, and so on. It feels as though by the end of this class, I will be a well schooled business administrator.�
LAWS310 Week 2: Business Formations
Business may take one of the following legal forms: sole proprietorship, general partnership, limited partnership, corporation, or limited liability company.
By Wednesday–
Choose one of the 5 business formations, find and READ a scholarly source that defines/explains your choice, write, IN YOUR OWN WORDS please, about the legal steps one must go about to create the entity, and finally list its distinct characteristics as to control, liability and taxation. <– which were discussed in your lesson.
Don’t forget to comment two other times on either my posts or that of your colleagues.
If you have questions, please reach out to me!
Hello Professor and Classmates,
I choose Limited Liability Company because this is what we are working on. A Limited Liability Company (LLC) is a business structure that gather certain aspects of a corporation and a partnership. It provides protection for its members, and allowing for flexibility for management and taxation. This also varies with states.
To create a LLC you have to first find a name that is not taken by someone else and this name has to comply with the states requirements. Then you file the required documents with the information for your future business, these includes name, address, purpose, management structure, and the names of other members if there is any. It is recommended that you get an operating agreement, it is not require but it may benefit you. Get the necessary permits and licenses you will need. Obtain an EIN also known as Federal Tax Identification Number, this will be required for your Tax obligations, which is very important. When you complete your LLC it is very important that you keep up to date with on going requirements like paying your taxes, filling annual reports and going by the rules and regulation required by your state for your business.
CONTROL: Is being flexible, members can choose to manage the business themselves or appoint managers to run the operations.
LIABILITY: Is being protected, the personal assets of the members are generally protected from the company’s debts and liabilities
TAXATION: The profit and losses of the LLC are passed through to the numbers, who report them on their personal tax returns, members are required to pay taxes on their share of the LLC income.
LAWS310 Week 3: Agents Versus Independent Contractors
Compare and contrast the differences between: (1) Agents and the Agency relationship, and (2) Independent Contractors and their relationships to the business.
Use the document attached to this assignment, fill in your answers, provide an example of each business entity.
Agents and the agency relationship refer to a legal arrangement in which one party (the principal) is being acted on behalf of by another party (the agent) to make decisions or perform certain tasks (Wicke, 2019). The agent has the authority to act on behalf of the principal, and the agency relationship is established through a contract or agreement.
Comparison and contrast
Control: In the agency relationship, the principal retains the ultimate control over the actions and decisions of the agent. The agent is a representative and must follow the instructions and guidelines given by the principal.
Liability: The agent’s decisions as well as actions can legally bind the principal. Therefore, both the agent as well as the principal can be held responsible for the agent’s decisions within the scope of the agency relationship.
Tax burden: The tax burden usually falls on the principal, as the agent acts on their behalf. However, specific tax liabilities may depend on the agency relationship’s nature and the relevant jurisdiction’s laws.
Accounting: While the agent may keep records of transactions and activities related to the agency, the ultimate control, and responsibility for accounting lie with the principal.
Money at risk: The principal’s money is at risk in the agency relationship since the agent is acting on their behalf, and any financial consequences of the agent’s actions ultimately affect the principal.
Example: A real estate agent represents a homeowner (the principal) who wants to sell their property. The agent is has authority to act on behalf of the homeowner to market the property, negotiate with potential buyers, and facilitate the sale. The homeowner retains control over the sale’s asking price, terms, and conditions.
Independent Contractors and Their Relationships to the Business
Independent contractors are individuals or entities a business hires to perform specific services or tasks, but they are not business employees. They operate as separate entities, often running their own businesses, and are engaged on a contractual basis.
Comparison and contrast
Control: Independent contractors have more autonomy and control over how they perform their services (Weiner, 2018). Businesses generally set the project scope and objectives, but the contractor can determine how to achieve those goals.
Liability: Independent contractors are usually responsible for their actions and decisions. As separate entities, they carry their liability for the work they perform.
Tax burden: Independent contractors are typically responsible for paying their taxes, including self-employment taxes and income, rather than having taxes withheld by the hiring business.
Accounting: Independent contractors typically maintain their own accounting and financial records, as they are separate entities from the business hiring them.
Money at risk: The independent contractor’s money is at risk. If the contractor does not perform the agreed-upon services satisfactorily or fails to meet contractual obligations, they may not receive full payment or face legal consequences.
Example: A graphic designer is hired by a marketing agency on a contract basis to create promotional materials for a client. The designer determines the design process, timing, and tools used to complete the project, but they must meet the agency’s quality standards and deadlines.
In summary, the key difference between agents and independent contractors lies in their degree of control and responsibility (Phoenix, 2019). Agents act on behalf of a principal and are subject to the principal’s instructions and control, while independent contractors operate with greater autonomy and are responsible for their actions. The liability, tax burden, accounting, and financial risks are also distinct between the two relationships.
LAWS310 Week 4: Antitrust Laws
Antitrust laws were enacted at a time when it seems that a handful of powerful men controlled commerce. Are they still relevant? Do you see any examples of monopolistic business practices today?
LAWS310 Antitrust Laws
Antitrust laws were indeed enacted in response to the concentration of economic power among a few influential individuals and corporations during the late 19th and early 20th centuries. The primary goal of these laws is to promote fair competition and prevent monopolistic behavior, which can harm consumers, stifle innovation, and limit market access for smaller businesses. Despite being enacted in the past, antitrust laws remain relevant in modern times. The dynamics of commerce have evolved significantly, but the potential for anticompetitive practices and the concentration of economic power still exist. Many countries have their own versions of antitrust laws, and they continue to be enforced and adapted to address contemporary challenges. (Ezrachi, A. 2021)
Importance of Antitrust Laws
The economic landscape has evolved since the inception of antitrust laws, they remain relevant by ensuring fair competition in the market though the specific industries may have changed, competition remains a fundamental driver of innovation and lower prices. As technology advances and new business models emerge, antitrust laws must adapt to address issues specific to digital markets and tech giants. Antitrust laws continue to safeguard consumers from price-fixing, collusion, and other harmful practices that may lead to higher prices or lower quality goods and services.
The concentration of economic power can result in inequality and economic imbalances, making antitrust regulations essential for maintaining a healthier and more stable economy. However, it’s worth noting that the application and enforcement of antitrust laws can vary depending on the specific political and economic climate of each era. As technology and business practices evolve, policymakers and regulators must remain vigilant and adaptive to ensure these laws effectively serve their intended purpose in the modern context.
Examples of monopolistic business practices
Some large technology companies have faced scrutiny for potentially monopolistic behavior. For instance, in recent years, concerns have been raised about the market dominance of companies like Google. Certain pharmaceutical companies have been accused of using patent-related strategies to maintain monopolies on essential drugs, limiting generic competition and keeping prices artificially high. (Gerber, D.J. 2020) In some regions, a few major telecommunications companies have significant control over the market, potentially leading to limited choices for consumers and higher prices for services. Some regions have seen concerns about monopolistic practices in the energy sector, with a few companies dominating production, distribution, and pricing.
Conclusion
Antitrust regulators and authorities continue to monitor these industries and investigate potential violations to ensure fair competition and protect consumers’ interests. As the business landscape evolves with technology and globalization, antitrust laws will likely need to adapt to address emerging challenges and maintain a competitive marketplace.
References
Gerber, D.J. (2020) ‘Other competition laws: Shaping factors’, Competition Law and Antitrust, pp. 115–134. doi:10.1093/oso/9780198727477.003.0010.
Ezrachi, A. (2021) ‘3. the goals and scope of competition and Antitrust Laws’, Competition and Antitrust Law: A Very Short Introduction, pp. 28–37. doi:10.1093/actrade/9780198860303.003.0004.
LAWS310 Week 5: Intent
Why is the objective theory of contracts applied in determining whether a contract has been created?
Why is the subjective intent of the parties not considered?
Follow basic Discussion Guidelines
Make 2 posts to colleagues or prof.
Ask questions asap
LAWS310 Week 5: Intent
The Contractual Objective Theory
According to the objective theory of contracts, the existence of a contract is decided by the exterior action and statements of the persons concerned, rather than their subjective intentions. A contract is created, according to this idea, when a reasonable observer, given the circumstances, would infer that the parties meant to create legally enforceable obligations. This strategy improves clarity and predictability, both of which are important in business transactions and the general operation of contractual partnerships.
The seminal case of Lucy v. Zehmer (1954) established the idea of objective theory. Despite one party’s argument that the arrangement was a joke, the court determined that a legitimate contract existed between the parties in this case. The objective expressions of the parties’ intents, according to the court, were sufficient to create a contractual connection. This decision established objective theory as a guiding concept in contract law.
Justification for Using the Objective Theory
(a) Clarity and predictability: The objective theory clarifies the contractual formation process by concentrating on the parties’ external expressions and behavior. This technique allows courts to examine the contents of the agreement objectively, minimizing possible uncertainty caused by each party’s subjective interpretation. Such clarity encourages predictability, allowing parties to better understand their duties and assert their rights under the contract.
(a) Fraud and Misrepresentation Prevention: The objective theory protects against possible fraud and misrepresentation. If courts simply considered the parties’ subjective purpose, unscrupulous actors may readily manipulate or pretend their intents in order to evade contractual responsibilities or deceive the opposing party. The law mitigates the possibility of such dishonest actions by depending on objective manifestations, assuring fairness and justice in commercial relations.
Subjective Intent Is Excluded
While the subjective purpose may accurately represent an individual’s opinions, it is rarely taken into account in contract creation for a number of reasons:
(a) Inaccessibility: Ascertaining and proving subjective intent is inherently difficult. Internal beliefs, unlike objective manifestations, which can be witnessed and documented, are private and frequently change. Relying on subjective intent would make the legal process more difficult, resulting to prolonged litigation and impeding effective conflict settlement.
(b) Interpretation Disparity: Subjective intent differs from person to person and can be interpreted in a variety of ways. Courts would find enormous difficulties in reconciling these disparities in subjective opinions, resulting in inconsistent results and undermining the predictability and stability of contract law.
References
Lucy v. Zehmer, 84 S.E.2d 516 (Va. 1954).
Barnett, R. E. (2002). The sound of one hand clapping: the economics of ‘subjective’ intent. International Review of Law and Economics, 22(3), 211-230.
Barnett, R. E. (2005). Contractual fulfillment and the “objective” theory. Journal of Contract Law, 21(1), 11-19.
Cunningham, L. A. (2006). Intentions and the role of intention in contract law. William & Mary Law Review, 48(5), 1677-1761.
Feldman, M. (2010). Why the reasonable person standard in contract law is not (very) objective. Stanford Law Review, 62(4), 929-1004.
LAWS310 Week 6: Mitigation of Damages
Week 6: Mitigation of Damages
Please answer the following questions (in accordance with the Discussion guidelines):
1. Why does it mean for a party to “mitigate their damages?”
2. Why does the law sometimes impose a duty on a non-breaching party to mitigate their damages? TIP: Think of this as in the setting of a lawsuit alleging a breach of contract.
3. Should oral agreements be enforceable in business? Why or why not? NOTE: Support your ‘Why or Why Not’ conclusion by using a concept from your text + a relevant personal experience.
Don’t forget to make your 2nd and 3rd posts!
Why does it mean for a party to “mitigate their damages?”
The concept of “mitigation of damages” is crucial in the field of contract law because it affects how parties behave and what they must do when a contract is broken. A person who has suffered injury or who is not liable for the breach has a duty to take reasonable action to lessen the extent of that harm. This is known as mitigating damages. This rule encourages justice and effectiveness in contract disputes by making sure the innocent party does not increase the losses brought on by the breach. The idea of minimizing damages assumes a crucial role in the world of contractual interactions. When parties sign into agreements, they do so with the hope of benefiting one another and carrying them out. However, situations can occur when one party violates the agreement, potentially causing financial or other losses for the side that is not in violation. The affected party’s obligations and actions in these situations are governed by the principle of damage mitigation. The purpose of this essay is to examine the concept of mitigating damages, the legal basis for the non-breaching party’s duty to do so, and the enforceability of oral agreements in the commercial world.
The Law’s Imposition of the Obligation to Reduce Damages
The law frequently requires the non-breaching party to limit damages in the case of a lawsuit alleging a breach of contract for a number of convincing reasons. First, mitigation is consistent with the fundamental fairness and equity rule in contract law. A party shouldn’t be allowed to take full advantage of a breach without also making an effort to limit their own losses. This rule prevents opportunistic behavior and encourages parties to behave morally and responsibly even in the face of contractual violations. The second purpose of mitigation is to maintain the effectiveness and efficiency of the legal system. The impacted party helps hasten dispute resolution and lessens the load on the courts by making reasonable attempts to lessen the level of damages. This strategy aligns with the larger societal goal of guaranteeing prompt and fair resolutions to legal disputes.
Oral Contracts in Business: Enforcement and Justification
Oral contracts’ enforceability in the corporate world has long been up for discussion. Oral agreements can have legal force in some situations, while written contracts are frequently preferred because of their clarity and specified stipulations. The law of promissory estoppel, which forbids a party from retracting a commitment if the other party has legitimately relied on that promise to their detriment, can support the validity of oral agreements. In reality, it might be difficult to enforce oral agreements because of problems with proof and probable misunderstandings. The difficulties involved are further highlighted through personal experience. For instance, during a previous business meeting, a verbal agreement was established regarding the provision of particular commodities at a given cost. But disagreements over how the provisions should be interpreted arose, which caused substantial delays and disruptions. The likelihood of misunderstanding and legal squabbling may have been significantly minimized if the terms had been explicitly stated in a written contract.
Conclusion
A fundamental principle of contractual law is the mitigation of damages, which emphasizes the importance of taking appropriate measures following a breach. The idea emphasizes fairness, effectiveness, and moral behavior by requiring non-breaching parties to take reasonable actions to reduce their losses. Although there are some circumstances in which oral agreements can be upheld, the benefits of written contracts are clear in terms of clarity, the avoidance of misunderstandings, and less legal complications. Understanding these concepts is essential to establishing trust, equity, and effective outcomes as organizations negotiate the complex world of contracts and agreements.
References
‘Prevention and mitigation of damage after low radiation doses’ (2012) Radiation Injury Prevention and Mitigation in Humans, pp. 252–257. doi:10.1201/b11719-12.
D.A., N. and G., S. (2015) ‘Fatigue damage to circumferential weldments and mitigation techniques’, All Days [Preprint]. doi:10.4043/25810-ms.
Davis, S.A. and Dunning, M.C. (2009) ‘Flood damage mitigation since the Great Midwest Flood of 1993: Issue Introduction’, Journal of Contemporary Water Research & Education, 130(1), pp. 1–4. doi:10.1111/j.1936-704x.2005.mp130001001.x.
LAWS310 Week 7: Deception on the Internet
Every day we read stories of people who engage in deception on the Internet, whether it is creating dating profiles that bear no likeness to what they really look like, or students who find information and pass it off as their own work. Should there be ethical standards for behavior on the Internet? What would you propose and how could those standards be enforced? Should people be able to say or do whatever they choose in an online environment? Are there circumstances in which information on the Internet should be censored? How do the United States and China differ in how each country allows its citizens’ access to information on the Internet?
Deception on the Internet
The prevalence of deceit on the Internet raises critical considerations about the necessity of ethical standards in online behavior. Such measures must be established to encourage trust, defend people’s rights, and preserve the integrity of digital interactions. Proposed ethical standards should include accountability, accuracy, respect for others, and transparency. Transparency would call for people to accurately represent themselves online, prohibiting dishonest tactics like creating false dating accounts. Respect for others entails abstaining from cyberbullying, hate speech, and other actions that cause psychological or emotional harm to other people (Madan et al., 2022). Accuracy would require accurate source attribution, precluding academic dishonesty and plagiarism. These criteria could be enforced using both technology and grassroots methods. Users can report problems, and platforms can include algorithms to spot and flag dishonest activity. Education campaigns can help increase public understanding of Internet ethics.
Unrestricted expression on the Internet is possible, but there are obstacles. Free speech must be supported while also working to stop harm, hate speech, and false information. Censorship may be necessary in some situations, particularly when content encourages violence, disseminates inaccurate medical advice, or violates intellectual property rights. The United States and China take different approaches regarding Internet access and censorship. The U.S. strongly emphasizes free expression and minimal government interference, which makes a variety of internet content possible (Madan et al., 2022). China, in contrast, strictly controls its residents’ online experiences by using the Great Firewall to restrict anything regarded as politically sensitive or against state interests. This strategy underscores China’s preference for control and stability over open access.
In conclusion, ethical norms for online conduct are essential to uphold honesty, safeguard people, and maintain a reliable digital environment. Online interactions should be governed by transparency, respect, accuracy, and accountability. Technology and community activities can both be used for enforcement. While encouraging free speech, restrictions must be in place to avoid injury. Different methods of Internet access and restriction are demonstrated by the U.S. and China, which reflect more significant cultural and political circumstances.
Reference
Madan, S., Sofat, S., & Bansal, D. (2022). Tools and Techniques for Collection and Analysis of Internet-of-Things malware: A systematic state-of-art review. Journal of King Saud University-Computer and Information Sciences, 34(10), 9867-9888.
Prompts a user to enter student id, current class grade in GPA format (e.g. 3.5), current class number of credits, overall GPA, and overall number of credits (use Scanner for input).
Calculates student’s new overall GPA based
Displays the input data along with new GPA to the console. To calculate new overall GPA: ((current-class-GPA times current-class-credits) plus (overallGPA times overall-credits)) divided by (current-class-credits + overall-credits) For example, given current class 3.5 and 3 credits and overall GPA 3.0 and 9 credits: ((3.5*3) + (3.0*9)) / (3+9) = 3.125 new overall GPA
(1) Prompts a user to enter student two numbers and symbol for operation such as ‘+’, ‘-‘, ‘*’, and ‘/’ (use Scanner for input).
(2) Code uses nested if statement or switch to perform the operation on the two numbers
(3) If the provided symbol is valid, displays the input data along with the result of the calculation to the console. Otherwise displays error message
Week 2: Course Project: EHR Software Company Selection
This week you will submit the name of the EHR Software Company you plan to use for the basis of your Course Project.
Upload a word document with the Name of the Software and the URL.
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