Liability Case Studies Samples For Students

Individual Tax Case Study

Facts
Age: 60
Marital status: Single
Bob recently retired from IBM and has $690,000 available from his 401(k) fund. He plans on using the money to open a used car business. The business will be located at 210 Ocean View Drive in Pensacola, Florida. The estimated taxable income from the business might be $300,000. Bob’s individual wealth including investments in stocks, bonds, and land is approximately $14,000,000. Last year, Bob reported a dividend income of $6,000 and an interest income of $20,000. The $14,000,000 comprises of land worth $9, ...

RE: Response to Arising Ethical Issue

Introduction
The memo outlines the ethical dilemma faced by the company and how this dilemma is addressed. There are multiple dilemmas, but the memo focuses on one of the dilemmas.

Facts

There are claims that the unpasteurized Nutritional products have caused health concerns though the data has not been authenticated. In addition, there are reports from the health officers in the counties indicating that the health officers believe there is a direct link between the company’s products and the health cases. The batch numbers obtained by the company’s managers are linked to the products though they happen to ...

Issues

This case concerns the analysis of the validity of the offer and its acceptance under the terms and rules of the contract law made in different forms by virtue of the advertisements in the newspaper.

Contractual relations are comprised out of two primary pillars as the offer and acceptance. In fact, the one party to the contractual relations should provide the other one with the offer. In case the second party accepts this offer this implies that these people have entered into the legal and binding relations. Given the merits of the case, one may see that Philip plays ...

MEMORANDUM

RE : PHARMACEUTICAL LAW AND LIABILITY
Dr. Frankenstein may be held liable for products liability in the event that he fails to comply with regulations of the US FDA regulations. There are three theories under the product liability including the Negligence Theory, Strict Liability Theory, and Breach of Warranty Theory.
It can be argued that the Wonkavision device is no longer patentable since it is considered part of a prior art for it has been in the market for almost 40 years. However, the fact that it can provide treatment of patients infected with Ebola will qualify it ...

Introduction

The situation is getting out of control at Good Health Hospital (Tampa Bay) since the outbreak of Escherichia coli, a specie of bacteria that can be found in many daily items. The incident involved Ward 10, which is located in the second floor. A recommendation from the Centers for Disease Control and Prevention (CDC) stated that the investigation of the bacterial source must begin with the hospital kitchen as the bacterium can be transmitted through contaminated vegetables and delicatessen meats (e.g. salami and other cold cuts). The Epidemiological Summary provides a brief description of the data obtained.
Environmental review ...

Abstract

A lot of effort has gone into research in the field of marketing. There are numerous scholarly and peer-reviewed articles available in the print and electronic media today. What makes this paper so interesting is that it juxtaposes a number of papers written by eminent personalities who have contributed to making our understanding of the subject more reasonable. On the question of who would be a better professional sales person, Barrows (2007) talks about the dynamic market forces such as global competition, changing customer expectations, and new communication technology necessitating the need for a more knowledgeable person, while Ichniowski et al. (1996), ...

- The liability should be recognized in the balance sheet as a contingent liability. The amount may be ascertainable but when the liability could arise is not ascertained yet. Hence the balance sheet should contain an amount of contingent liability. The principle of conservatism shows that the future liability should be recognized. Since in the given case, the amount is material and significant, the liability should be shown as a contingent liability in the balance sheet.
- The amount is material to the financial statements. In the given case, the amount is quite significant and is required to be a part ...

Introduction

This paper contains two parts. Part of this paper offers a brief explanation regarding the role of the directors in a company. This part specifically discusses the reason behind the existence of the directors of a company’s duty to prevent insolvent trading. It also discusses the circumstances and the results after the court lifting the veil of incorporation for the wrong of insolvent trading upon a director of a company.

Discussion

Directors of companies are under a duty under the Corporation Act provisions and the common law to prevent companies from incurring debts while they are insolvent. At common law, the director’s duty to ...

The establishment of a legal entity that is detached from the individual entities of the individuals for the purposes of conducting business as a group is known as incorporation.1 It is a simple and voluntary act which is ideal for small enterprises that is an alternative to forming a company that is limited by guarantee or a co-operative. With the incorporation of a company come certain advantages and responsibilities as defined by the Australian Law. The individuals who chose to form an incorporated association are not entitled to use the profits accrued in the process of conducting the business for personal gain.
There are ...

How this scenario relates to an area of law taught in Introduction to Business Law

The tort of negligence is the area of law which this scenario relates to. LMS has threatened to seek legal action against Chuan & Associates to recover damages for the harm suffered because of the approval of financial statements which had material misstatements by the audit firm. Everything 4 Less Limited (E4L) acquisition was a decision based on the information contained in those financial statements and LMS suffered financial loss by relying on them. The statements had overstated the value of the company’s inventories, and this had increased the value of the company during the bid and subsequent acquisition.

The legally important facts in the scenario

...

The estate plan is intended to reduce the amount of both federal and state tax payable on the gross estate of the clients. The estate plan seeks to develop efficient gifting plans by the clients to specific beneficiaries and effectively reduce the amount of tax that is payable from the gifting plans to the minimum. The estate plan should enable Rich distribute his estate to all his beneficiaries without any conflict of interest arising from the remarriage of his wife after his death.
The estate plan seeks to revise the client’s will to be more effective and ...

The Defendant

The defendant in the case of comedian George Wallace vs. Bellagio Hotel is the latter, which is a world-renowned hotel and casino owned and operated by the MGM Mirage Hotels and Casinos. Bellagio Hotel is located along the famous Las Vegas strip in Paradise, Nevada. Furthermore, the description of the hotel incorporates luxury and its grand ballroom and event center is where shows and performances both public and private gatherings are being held. In the hotel is where the unfortunate event occurred involving the comedian George Wallace, which was according to the accounts of the case the comedian, suffered ...

Answer 1

As a legal person, a company can be sued by any person if the directors had entered into a contract with the person and failed to honor the deal, therefore, resulting to financial loss to either party. However, recent case laws have shown that there are instances when directors can be held liable or personally liable for any financial loss to a creditor or any other party. An instance where a company’s director makes statements on behalf of the company that can be considered as lies or misrepresentation of the company can result to the civil suit against both the company and the ...

- Using examples of relevant case law, distinguished between the following types of contract.
- Bilateral a and Unilateral contracts
Contracts can either be bilateral or unilateral in nature. The bilateral contracts are the most common contracts and refer to agreements whereby each of the contractual parties make a promise to the other party. For instance, in a contract for the sale of a car, the buyer promises to pay the seller £200,000 in exchange for the seller’s promise to deliver the title to the property. A unilateral contract on the other hand only involves one party to the ...

Executive summary

Special purpose financial statements that are conventionally provided by small businesses usually offer limited information in both quality and quantity. The main reason behind this is the freedom in reporting that small businesses have. Consequently, lenders have to be careful when using these statements in lending decisions. As a small business, Boat Builders Pty Ltd’s financial statements may not be in a good state as provided to be used in a lending decision. A critical evaluation of whether they represent the true status and performance of this business is necessary before a detailed financial analysis is done. A number of concerns arise ...

Insurance Risk Mitigation: Case Study

Insurance Risk Mitigation: Case Study

People face different kinds of risks in their personal lives and in the communities where they live. Being aware of one’s level of risk exposure and taking concrete steps to mitigate the risks and associated liabilities can help people protect their lives and properties. Most risks are manageable and the resulting losses avoidable if the right measures are taken. From the case study, it is clear that Mr. Arkanfarkar and his family are exposed to several types of personal and commercial risks. This report presents a strategy for managing the personal exposures of ...

Business Law Case Study

Business Law Case Study

Issue

Is Walmart vicariously liable for the personally motivated acts of its cashier?

“A principal (employer) is not liable for the intentional torts of agents and employees that bare committed outside the principal’s scope of business; however, a principal (employer) is liable under the doctrine of vicarious liability for the intentional torts of agents and employees committed within the agent’s scope of employment” (p. 448).
Two main tests are normally applied by the courts: the motivational and work-related test. “Under the motivation test, if the agent’s (or employee’s) motivation in committing an ...

When the gift card is resolved the company receives revenue which is yet to be earned since the customer paid money but did not take any merchandise. As a result, the transaction creates a liability for the company in the form of gift cards outstanding. The transactions that will accompany the sale of the gift card are, therefore, the debit of the asset account Cash, in recognition of the cash received by Imel West and the crediting of a liability account Gift Card Outstanding in recognition of the liability created (Nikolai, Bazley, and Jones). This is a liability that ...

The legal issue of ABC partners entailed negligence having set a company beyond their jurisdiction and failed to register a company. ABC is liable to pay damages to Robert Knight. This case is tortuous liability due to the wrongful act of abandoning an oil well and failing to secure a place. This results in Robert having an injury due to the negligent act. The legal rule of Tort holds that one who suffers in case of negligence of another party can claim damages. In this case, ABC partners owe a duty of care to Robert Knight who suffers injury due to their act ...

Distinguish between slander, libel, defamation, deceit, and trade slander, indicating the instances each would apply and the significance of the dissimilarity.
For a statement to be actionable and considered to be defamation, it has to be published, false, and derogatory and must refer to a specific person. If it refers to a group of people, it is not defamation. A defaming statement cannot be complimentary even if not true. It must also have the effect of disadvantaging the individual, in that it has to be told to a third party possibly the media causing other people to avoid the plaintiff.
Slander ...

Sheila Renee White MAYO, Individually and as Administratixof her Minor Children, Rina Mayo, Jaclyn Mayo andPaige Mayo, Plaintiffs-Appellants,v.HYATT CORPORATION, Defendant-Appellee.
No. 89-3576Summary Calendar.

Background Information
The case was a collective petition from Sheila Renee Mayo along with her three minor children. It was an appeal case based on the district court’s summary dismissal of their case on grounds of insufficient evidence to support the claim. The claimants had sued the Hyatt Corporation, through Hyatt for the death of Jack Mayo the husband and father of the petitioners consecutively. The district courts found the deceased 100 per cent ...

<Student Name>
<Name and Section # of course>
<Instructor Name>
What is a current liability? From the perspective of a user of financial statements, why do you believe current liabilities are separated from long-term liabilities? Based on your current experience as well as any additional research you may have done provide two examples of situations where businesses collect monies from customers and employees and reports these amounts as a current liabilities.
Current liabilities are what the company owes for its debts in the next year. Long-term liabilities are those that are debts to be paid in ...

Accounting Concepts

Answer 1)
Partnership is a business organization with two or more owners who agree on sharing profits at an agree ratio but at the cost of unlimited liability. Apart from profits, they must agree on the appropriate management structure also. Following are some pros and cons of a partnership firm:

Pros:

- It is easy to set up
- It offers diversified decision making process
- Profits fo the firm are taxed only once as onwer’s income

Cons:

- Regular collisions among partners might be possible and thus achieving consent of all may be slow and expensive
- ...

1. To what extent could Phoenix’s liability have been avoided had it documented Wilson’s alleged inability to perform required tasks on the new computer system? In your opinion, is Phoenix required to wait until Wilson makes a costly mistake before concluding that he cannot perform the functions of the job? Are there alternatives short of waiting for a mistake?
James Wilson has been employed by Phoenix Specialty Manufacturing Company a family business that manufactures specialty washers used in aircrafts. However, the company asserts that Wilson’s employment was terminated due two reasons. The first reason was that Wilson had ...

Abstract

In most jurisdictions, tort is regarded a civil wrong but under certain circumstances it is also regarded as a criminal case e.g. in cases of assault. In legal circles it acts as a basis for an action of a lawsuit. Torts are categorised under the law of obligations. Duties that fall under tort law are regarded as a necessary requirement for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortious act, then in legal term for the person is a Tortfeasor. Tortious acts include breach of duties imposed under statutory laws, negligence, inflicting bodily harm to other persons, property, or infringement on ...

TICK BITE CASE

Discussion - Cara L. Munn against The Hotchkiss School
What are the standards of care for liability of a private boarding school for its students and the international travel programs?
The Hotchkiss school is a non-stock corporation having registered its business in Connecticut and therefore, formed pursuant to the laws of this District. According to the State of Connecticut Regulation of State Board of Education, the well-being of students is defined as a fundamental value in all decision making and actions. Besides, the dignity of each student’s family and open communication with them must be respected. “Educational tour ...

The Main Issue

Employment termination always come and go in the industry. However, termination undergoes certain processes and clarifications in order to avoid issues from arising. These issues originated from several reasons, depending on how the human resource department tackles the situation. Most of the time, the human resource department is knowledgeable enough of the policies and regulations of the company, which eases their decision-making about termination, especially if an employee violated one of the policies. Also, termination processes also include documentations in order to verify the claims and statements of both the HR department and the employee to be fired. Lastly, ...

Question1

For this particular scenario, I would use several layers of security because this compound is comprised of various components or buildings each having different significance or importance. Using different security for each layer would ensure that even if intruders are able to breach through one layer, they will be incapable of breaching the other layers using the same techniques that they might have used for the previous one (Bernard, 2007). I would, therefore, invite the best security experts to ensure the particular component of security that has been used one layer is not used on the other. The corporate ...

Multimedia Activity: Business Organization

In this paperwork, I am going to list the general requirements of an LLC, corporation, and partnership. I will also discuss a business organization that is an LLC giving the reason why it adopted this form instead of the other available forms; partnership and corporation. I will also discuss the advantages and disadvantages that come with LLC.
Through research, it is depicted that the general requirements for a partnership, an LLC, and corporation are, approximately, the same lawfully. It is expected of them that all their general requirements are formed with the intention of making or maximizing profit. Hence, their ...

Facts

The defendant Landri consumed alcoholic drinks in a party organized by his employer Marriott International. The employee drove safely to his residence but was involved in a ``tragic accident” that resulted to the death of Dr. Purton.
The plaintiff’s family sued the company demanding that he is responsible for the harm caused by Landri his employee. The company argued that it was not liable because Landri committed the accident after arriving at his residence and sought for summary judgment. The trial court ruled against Purton’s family and they appealed to the appellate court.
The appellate court ruled ...

Scenario 1

Since Johnson Corporation repurchased the shares for purposes of resale and not for constructive retirement, they are treated as treasury shares. Gain on sale of treasury stock is treated as a capital surplus. The Controller of Johnson Co. should credit the amount in the capital surplus account. On the date of repurchase of these shares, an entry is made to reduce capital by the cost incurred by the firm to repurchase the shares.

The Controller should make the following entry:

DR Treasury Stock 700
CR: Capital Surplus/ 700
Specific reference and associated literature
ASC 505-30 states the guideline for the treatment of gains on ...

CBC Video Case Studies #1 & #3

CBC CASE STUDY #1: Showdown on the Virtual Frontier (Cyber liability)
- What was the legal issue respecting the toy sale web-site?
The issue of cyber liability continues to puzzle many ecommerce entrepreneurs today. While ecommerce gives people the benefit to reach out to global audiences at the click of the mouse, little do they realize the complexities associated with online businesses today. In simple terms, cyber liability can be defined as the risk posed by people conducting business over the Internet, or over other networks. Many excited entrepreneurs start their business online, knowing little about the ...

Business Law Case Analysis

FACTS
Green initiated a construction plan of thirty four homes in lee on March of 2004. The homes were to be known as Thurston Woods. In order to construct chimneys for the homes, Green signed a contract with Birch Masonry; experts in chimney constructions. Middlesex Mutual insured all construction works done by Birch Masonry thus assuming liability in case of any liabilities as stipulated in the contract signed between Birch Masonry and their clients. Therefore, in order to do business with Green, Birch ordered their insurer to add Green to the policy as an additional named insured. Mutual complied with ...

The case involves a guest of the hotel in Jamaica, where a guest was severely injured while working out in the fitness center of the hotel.  

Issues:

What jurisdiction and law should apply for the case?
The jurisdiction and law that should apply here is the Jamaican law, in Jamaica. The US law in Miami cannot apply because, as stated in 28 U.S.C subsections 1391(a), a US court only has jurisdiction in such cases over the defendants where at least one defendant is domiciled in the particular judicial district. This principle has been affirmed in the case of Steven ...

Central Issue:

The question to be answered is how Mattel should respond from a strategic standpoint in light of a product recall that involved unsafe toys that were made in China. While the use of offshoring of labor is pervasive in the industry that Mattel works in, there are indeed other options and having “tainted” toys and other products that are used primarily, if not solely, by children is a huge problem for Mattel from a reputation and liability standpoint.

Recommended Course of Action:

Mattel is in a precarious position in that having the toys made in the United States or in other fully developed ...

Sheila Renee White MAYO v. HYATT CORPORATION

898 F.2d 47 (April 10, 1990)

Facts: On February 20, 1987 Jack Mayo, Jr. died. His death was the result of complications pertaining to a fractured skull he suffered three days earlier on February 17 falling down the stairs of the Hyatt Regency Hotel in New Orleans, where he had been staying. Prior to the fall, Mayo had been drinking heavily off the hotel’s premises. Toxicology reports later confirmed that not only at the time of his fall was Mayo’s blood alcohol content over three times the legal limit but also that he had taken a significant ...

VIRGINIA PARTNERS, LTD VS DAY

The liability of persons in partnership is guided by the type of partnership they are in. There are basically two types of partnerships; the limited partnership and the limited liability partnership. In limited partnership the partners are personally liable for business excesses, debts and losses and as such are paid by dividing them among themselves. The limited partnership has partners divided further into general and limited partners. General partners are personally liable for all partnership debts. Limited partners on the other hand have limited liability up to the original investment in the business. From the case study Virginia Partners ...

Business and Employment Law

Question 1 3
Issue 3

Application 4
Conclusion 5
Question 2 5
Issue 5
Law 6
Application 7
Conclusion 7
Qustion3 7
Issue 7
Law 8
Application 8
Conclusion 9

Bibliography 10

Question 1
Issue
The main issue in question is whether the exemption or exclusion clause that was incorporated in the contract between Jag and ED can have any effects on Jag’s possible right to sue ED for the loss of his garden. In this contract, it was specifically states that the supplier would not be responsible for any loss or damage caused by any products sold, which in ...

Accidents are proving to be a disaster in the life of human beings in day today endeavors. The world has seen rise in insurances companies in the recent days than ever and it seems to be taking the course in human fraternity. People are encouraged to take insurance cover to ensure that their lives are compensated whenever an accident occurs. Pacific Prime Insurance Company now offer the best medical cover to the victims of accidents and its annual reports show tat about 35 percent of people world wide have benefit from the services of Pacific Prime especially victims of the ...

There are several legal issues arising from the third scenario. First is whether the employer, the Lazy River, Inc. is liable for Lucy’s failure to adhere to reasonable commands directed to her by her boss Mike. The second issue is whether the sixteen (16) year old worker was an independent contractor, if so, whether it is the employer or the hiring party that is liable for injuries to the independent contractor. The third issue is that of negligence. That is, whether the company was negligent for failure to foresee that the toxic chemicals present in water could cause ...

Success in anything is heavily dependent on the preparations that we put in. The decisions we make and the effort we provide for that particular venture together are the roads on which the project rolls towards success. Coming to the subject matter, Shania has made an important decision to invest and has the support of her husband. Therefore, it is important that the business decisions she makes at such a point in time be the best. The essence of the essay is to gain insight into the case of Shania and advice to her on the best course of action ...

Introduction

A sentinel event involves the occurrence of an unexpected event that may involve death, a serious physical/psychological harm or a big risk thereof. A serious injury in this case may involve a loss of an organ such as limb, hand or a particular function. A sentinel event may also involve severe temporary injury that may require intervention to sustain life. Such events are referred to as sentinel because their occurrence calls for a quick response as well as investigation.
A wrong sight surgery (WSS) is one of the sentinel events in healthcare. A wrong site surgery refers to a surgery procedure that is carried ...

MEMORANDUM

Best Buy Co., Inc Analysis
Introduction
Best Buy is an accredited consumer electronics retailer. The company has a strong presence all over the world. That makes it a very interesting consideration for investment since the demand for consumer electronics will not slow down any time soon. Investors will always take a keen interest in a company’s nature of business, major costs, management style as well as financial performance before deciding on the company to invest in. This memo attempts a detailed analysis and description of the Best Buy’s activities, financial performance and future outlook, (Business, 4)

Revenue Generation

Best Buy Inc generates revenue ...

Pauly’s Property Management Services, a property management company that leased Craig Crocodiles Inc., the warehouse and office space intends to sue for an alleged breach of the lease contract and has notified Craig’s lawyers. Before examination of the probability of any liability on the part of Craig for terminating the lease as signed, it is imperative to look into the details of the lease. It is clear that the company leased both the warehouse and the office for three years beginning January 1st 2008. It was, therefore, expected that the same lease would terminate on January 1st 2011. ...

Question 1

The elements of negligence include the duty of care which involves taking reasonable precaution to reduce harm. Breach of duty indicates that lack of reasonable precaution leads to the breach of the initial duty of care (Miller & Jentz, 2010). Factual causation involves proving that there has been negligence while the last element is the damages payable to the plaintiff.

Question 2

Causation indicates the coexistence of causes and effects of the activity which are required to be proved in a court of law. It is necessary to prove causation as it indicates the relation between of the activity being claimed and its ...

Business Commerce Law

Distinguish between libel, slander, defamation, trade slander, and deceit, indicating in what situations each would apply and the significance of the distinction.
Libel, slander, defamation, trade slander and deceit are legal terms that are often interchanged by lay persons. While these words may seem related and almost similar, there are several ways in which they are different. Here is a discussion of what these different terms mean and situations to illustrate their meaning:
Defamation is a broad term used to refer to any published statement that is a false accusation and is detrimental to a particular person’s reputation. The plaintiff ...

1).
Underwriter model exists where a company contracts another financial institution to offer its securities for sale to interested investors the risk associated with this is the company issuing its securities will have to pay the financial institution some commission which might end up reducing the expected amount by the issuing company and is more riskier if the two parties don’t agree on a eat stock status which might see the issuing company get back it unsold securities. The investment model is where by the issuing company decides to sell its securities directly to the investors the risk with ...

1. Introduction

Climate change is only one of the adverse affects that experts claim would result from global warming if it were not prevented from happening through the decrease or elimination of greenhouse gas emissions. As such, experts have constantly warned governments about the possible risks. Already, we see this happening in the natural disasters that we’ve experienced over the past two decades. One such incident recently happened in Jeddah, particularly in the year 2009, when heavy rains caused an extensive damage to the city.

In this regard, this paper will perform an analysis of the said 2009 ...

Executive summary

There are several factors that are generally considered in the starting of a business. These factors include availability of capital, skills available, location of the business among others. In an advanced level, one should also consider the tax implications of starting each particular business.

There are several forms of business formations. Depending on the owner’s preference, one may decide to start a sole proprietors business, a partnership or incorporate a company. This study will majorly discuss the modes of formation of a sole proprietorship and a company, the advantages of running these types of business and the suitability of such businesses at different levels ...

Legislation Interpretation

Purpose of Judicature Act 1908
The Act provides for rules that are to be used in securing and ensuring just, speedy and cost-effective determination and disposal of all sorts of civil proceedings and interlocutory applications in New Zealand. Section 1.4 of the Act provides that the rules set by this Act shall apply to the practice and procedures of the court in all civil proceedings and interlocutory application except in cases where appeals are filed to the Court of Appeal of Supreme Court (Judicature Act 1908).

Proposed Changes

The Judicature Act 1908 has undergone several amendments over time. The most recently ...

Based upon the FTCA, determine if the federal government and or the air traffic controller is potentially liable to the victims of the accident. Explain why or why not
The FTCA gives the limited waiver of government sovereign immunity when the employees are negligent within their scope of the employment. Therefore, the federal government is not held responsible and liable to the victims of the accidents. It gives that the government shall not be responsible when the agent commits torts of assault, false arrest, abuse of process, slander, deceit, battery or interference with the contract rights. They are also ...

The adverse effects of indulgence in alcohol are well known and documented. Notably, the effects range from affecting the health of an individual to the well-being of a nation (Drugfreeworld.org, 2016). Uncontrolled consumption of alcohol costs the nation a lot of money in treating the sick individuals and managing the adverse social impacts of alcohol. On a personal level, alcohol affects the brain, heart, pancreas, liver and the immune system of an individual. The numbers of road carnages caused by drunk driving are on the rise, and they result in deaths and disabilities. Similarly, alcohol consumption is attributed to ...

1. Identify each cause of action that is pursued and the plaintiff and defendant to the lawsuit
The general procedure of the case will involve investigating the concepts of the case and applying the legal scholarship to the facts that are demonstrated. The specified facts that will allow the families in the case to bring a case against the hospital include a major lack of consideration regarding the potential hazards that were made evident in the report filed by the Joint Commission. The failure of the hospital to develop solutions to these problems resulted in various medical issues
This ...

Issue

“Is the Venetian’s casino marker signed by Nehme a negotiable instrument under the Nevada Uniform Commercial Code?” (Cheeseman, 2015).
Rule Law
“According to UCC 3-104, a negotiable instrument must: (1) Be in writing. (2) Be signed by the maker or drawer. (3) Be an unconditional promise or order to pay. (4) State a fixed amount of money. (5) Not require any undertaking in addition to the payment of money. (6) Be payable on demand or at a definite time. (7) Be payable to order or to bearer.” (Cheeseman, 2015 p. 353).

Analysis

The marker is anegotiable instrument because it ...

Walmart Stores v. Cockrell (2001)

Issue: Does the shopkeeper's privilege protect Walmart from the liability under the circumstances of the case?

Rule of Law: Given the notion of the shopkeeper'e privilege, this rule allows the supermarkets to detain, stop or conduct the investigation of the shoplifters in case of any suspicion exists. In this case the supermarket does not responsible for such false imprisonment if there are reasonable grounds for the denetion of such a kind, within reasonable time, while the investigations of reasonable person is provided in reasonable manner (Cheeseman, 2014. p.88).
Analysis: At first, the Court considered the elements of false imprisonment. It stated that Cockrell was detained by the officer of Walmart ...

Question 1: You are tasked with completing a coaching discussion with Linus Carver. How would you go about this discussion?

Before starting a discussion with Linus Carver, I need to ascertain objectives which need to be fulfilled from the discussion. The meeting may be started by appreciating the fact that he is handling the department extremely well by coming out with wonderful product designs and is an asset to the company. However, there are some behavioral fallacies which have been observed in the manner Carver handles his team. Carver solely handles a department and does not allow others to voice their ideas and opinions which make his team extremely frustrated. He improvises on the ideas given by his staff and presents ...

- I disagree with the conclusion. If the lawyer is silent on certain matters of audit conclusion, the auditor should not assume the matter as complete. Instead the auditor should conduct an inquiry and get more details regarding the matter. Maintaining silence on an issue does not mean that the response is complete.
- In the given case, the conclusion is correct. If the lawyer does not provide the probable outcome of the given case, the auditor can specify it in the notes to financial statements and assume that the scope is restricted. Even after the request of ...

Business Law 201

Question one:

Question two:
Joint and several contract because several people (study team) has agreed to pay the fees to the tutor.
Question three:
Doctor Kut Wright can only recover up to a maximum of $800 for the benefit extended to Henry. Though the contract was unenforceable since it was not entered into, Wright is entitled to compensation for the costs incurred for missing his flight amounting to $400 and the reasonable amount of $400 for the one hour. It is clear that the requirements of recovery for quasi-contracts were met since the doctor was in reasonable ...

The following sample is crafted by our free essay writers so that you have a perfect example of Patient Safety Movement case study for your homework.

Introduction

The recent expansion of healthcare ethics to evidence based research practice aims to address patient safety issues surrounding medical treatment an intervention. The “nature, behaviour and consequences of patient safety incidents and their surrounding circumstances” are a longstanding concern, and one which has the potential to cost healthcare institutions exceptional levels of expenditure in medical malpractice damages.
The World Health Organization (WHO) policy outlined in Ethical Issues in Patient Safety: Interpreting Existing Guidance covers the framework to ethical practice in medicine (WHO, 2013). Research inquires directed at resolving ethical challenges in contemporary policy and procedure (i.e. informed consent), inform ...

US GAAP permits LIFO in valuing inventory while IFRS does not permit LIFO in valuing inventory. Secondly, US GAAP recommends two-step impairment of assets while IFRS recommends one -step impairment of assets. Lastly, in US GAAP, assets are not allowed be revalued upwards whereas in IFRS upward revaluation is allowed.
An expense in financial accounting is a monetary equivalent of an asset or resource that has already been consumed in a given financial period for the purposes of generating revenues for that entity. Examples include; salaries, rent, financing costs, and repairing and maintenance costs. On the other hand, an asset ...