Category: Business Law

Watch the video on Malden MillsLinks to an external site..
Read the article, Was Aaron Feuerstein Wrong?Links to an external site.
For discussion, address the following:
Was Feuerstein guided by morals or ethics?
Do you think he could have made the decision if Malden were a publicly traded company?
Why do you think he has critics for his decision?
In order to receive credit, for all assignments, you must follow the time frame set for each assignment and you must complete one (1) original post and at least a minimum two (2) reply posts to two (2) classmates . Failure to follow instructions will result in no credit.
You must provide citations for all materials used. If you use outside sources, provide URL.Your original post must show effort. There is no hard rule for length, but many of these can be expressed in 3-5 paragraphs. The post is graded on content, grammar, spelling, and presentation. You can, and are encouraged, to use outside material such as web sites but you must provide a citation (even an informal citation is acceptable).

While our discussions of ethics in business can sometimes seem esoteric and removed from our day-to-day management responsibilities, the various media are filled with real-life examples of unethical business behavior that harms the businesses involved, as well as their shareholders, customers, employees, and other stakeholders.
For this discussion, identify a news story that has been published within the 30 days preceding the due date of this discussion that describes such a breach of business ethics. You may find these through a web search, library research, professional journals, professional association websites, newspapers, etc.
In your initial post:
Briefly explain the situation and the parties involved.
Identify your ethical standard and the ethical issue(s) that violates that standard.
Explain how you would have prevented this situation and would now respond, including support from a second source.
The student will first post a thread of at least 600 words (content, not including references) by 11:59 p.m. (ET) on Thursday of the assigned Module. For each thread analysis must be supported with a minimum of 2 scholarly sources other than the course textbook and provided materials. Each source must be cited in current APA format. Each thread and each reply must include both full citations in a reference list at the end of each post, and short-form in-text citations.
Acceptable sources include books, legal and business journals, legal cases, the law (cases,
statutes, regulations, etc.), the Bible, biblical commentary, etc. Dictionaries and other web
sources that lack scholarly support are not acceptable sources. Any sources cited must be current
to the issue (e.g., Bible commentaries may by applicable from any age, but articles discussing
current legal practices may no longer be relevant after 2 or 5 years). A well-developed, complete worldview analysis of the situation requires more than simply adding a Bible verse at the end of the post. Each thread must include at least 1
verse from Scripture, quoted and applied as an integral part of the discussion of the applicable
issues in the context of a Biblical worldview.

Instructions: 
• Fill in the attached template. 
• Answer each of the following 5 questions in a short answer essay format. Be
sure to use examples to support your analysis. 
What are the purposes of our criminal justice system? In your opinion, is one
goal more important than another? 
Can a criminal defendant be prosecuted twice for the same act?
Define each of the following: white-collar crime, the Sarbanes-Oxley Act, and
RICO.
What is the Computer Fraud and Abuse Act? 
What is a whistleblower? What conflicting ethical duties might a whistleblower
encounter? 
Requirements: 
• Use APA format for non-legal sources such as the textbook. Use Bluebook
citation format for any legal citations. 
• Submit a Word document using the template. 
• Maximum two pages in length, excluding the Reference page.  
https://www.heritage.org/constitution/#!/amendments/5/essays/148/double-jeopardy
https://www.nacdl.org/Landing/ComputerFraudandAbuseAct

Touchstone 2: Did Jim and Laura Buy a Car?
SCENARIO: Jim and Laura Buyer visit the local car dealership because they are interested in buying a new car. The car they currently have is aging and is starting to have mechanical problems. Jim and Laura would share the new car, and use it to go back and forth to work and school. Before going to the dealership, Jim and Laura decide that they can only afford $400.00 a month in car payments.
Once at the car dealership, Jim and Laura meet Stan Salesman. Stan shows them several vehicles and Jim and Laura test-drive several of the cars. Jim and Laura particularly like the blue 4-door sedan. Therefore, they agree to give Stan Salesman a $100.00 deposit to hold the car for a day. Stan Salesman does not give them the receipt but guarantees that the $100.00 is refundable. No documents were signed.
The next day, Stan Salesman calls Jim and Laura to ask them when they would like to take delivery of the car. Jim and Laura, on the way home from the dealership, decided that they were not going to buy the car because they did not want to spend that money each month. Therefore, Jim and Laura tell Stan Salesman that they have decided not to buy the car and request their $100.00 deposit back.
Stan insists that the $100.00 was a deposit on the car and was meant to be part of the contract to buy the car. Stan is very persistent and insistent that Jim and Laura have contracted to buy the car; therefore, the $100.00 will be applied to the purchase price of the car. Jim and Laura are shocked and angry as not only do they not want to spend the money, but now feel as though they are being duped by Stan Salesman.
Jim and Laura have an appointment to see a lawyer in a few days, but know you are a student taking a business law class and come to you for advice. They are very frazzled, and understandably upset that they may have just purchased a car. Since you have been taking business law, you have read and understand the elements of a contract and the defenses to a contract. Therefore, although you are not a lawyer, you provide some basic advice from what you’ve learned in your business law class.
ASSIGNMENT: Advise Jim and Laura based on the above facts as presented and the material covered in the lessons by answering each section in the template below. In this touchstone, be sure to address the following:
Identify the elements that must be present for a legal contract to exist. Define each element using examples.
Determine the facts from the scenario that you will use to support your decision on whether or not a contract exists for the purchase of the automobile.
Decide whether or not there was a contract for the purchase of the automobile.
Include two (2) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as quality academic resources.
Touchstone 2 Template
In order to foster learning and growth, all work you submit must be newly written specifically for this course. Any plagiarized or recycled work will result in a Plagiarism Detected alert. Review Touchstones: Academic Integrity Guidelines for more about plagiarism and the Plagiarism Detected alert. For guidance on the use of generative AI technology, review Ethical Standards and Appropriate Use of AI.
A. Directions
Step 1: Answer Questions
Follow the directions for each part of the Touchstone 2 Template. Include your response and all relevant elements under the Requirement section. Prompts in the Inspiration section are not required; however, they may help you to fully think through your response.
Part 1: Contract Definition
Identify the elements that must be present for a legal contract to exist. Define each element using examples.
Part 2: Case Support
Determine the facts from the scenario that you will use to support your decision on whether or not Jim and Laura entered a contract with Stan Salesman for the purchase of the automobile.
Part 3: Case Judgment
Based on the facts in Part 2, decide whether or not there was a contract for the purchase of the automobile.
Part 4: Sources & Conventions
Include two academic references to support your judgment and review your document for standard English writing conventions.
Step 2: Review Rubric
Review the rubric to ensure that you understand how you will be evaluated. Contact a Sophia learning coach with any questions.
Step 3: Review Checklist and Requirements
Review the checklist and requirements to ensure that your Touchstone is complete.
Step 4: Submit
Submit your completed Touchstone 2 Template using the blue button at the top of this page.
Refer to the checklist below throughout the writing process. Do not submit your Touchstone until it meets these guidelines.
1. Contract Definition
❒ Have you identified the elements of a legal contract?
❒ Have you defined each element?
❒ Have you provided an example for each element?
❒ Have you included reference citations as appropriate?
2. Case Support
❒ Have you identified relevant facts from the scenario?
❒ Have you written a clear explanation of how these facts support your decision?
❒ Have you included reference citations as appropriate?
3. Case Judgment
❒ Have you clearly stated your decision on the existence of a contract for purchase of the automobile?
❒ Have you defended your decision with relevant facts from Part 2 about the scenario that support your choice?
4. Sources & Conventions
❒ Have you provided two high quality academic references?
❒ Have you explained how each source relates to and supports your judgment on the case?
❒ Have you reviewed the touchstone for proper academic and/or professional writing conventions?
B. Rubric
Advanced (100%) Proficient (85%) Acceptable (75%) Needs

POST 1:
Choose one review topic DESTINATION CONTRACTS
Explain the topic thoroughly Provide a citation to the information you are discussing POST 2: Choose a fellow student’s post Contribute something more by discussing a news article or current event that applies to that student’s post Naomy Beras The Uniform Commercial Code (UCC) includes “The Perfect Tender Rule”, which is a guideline for sales in the United States. This rule is found in Section 2-601 of the UCC and it’s demanded to be followed. The Perfect Tender Rule means that when someone sells something, they must deliver exactly what they promised in the contract, including the quality, quantity, and delivery details. If anything is different or wrong, the buyer can refuse to accept it. This rule protects buyers, making sure they get exactly what they were promised. However, there are exceptions allowing for minor differences if both parties agree, or giving the seller a chance to fix any issues. This rule helps to ensure fairness and reliability in buying and selling goods. When a buyer rejects the goods, following the correct procedure is important for both the seller and the buyer to protect their rights and seek an equitable solution.
Reference:
McKenna, J. Frank. “Are you a ‘perfect tender’?” Modern Casting, vol. 87, no. 6, June 1997, p. 68. Gale OneFile: Business, link.gale.com/apps/doc/A19746031/GPS?u=lirn99776&sid=bookmark-GPS&xid=eb4b0cb1. Accessed 14 May 2024.
POST 3: Respond very thoroughly to a question posted by the instructor
Support your response with a citation

Please review the detailed information given in the first Module – How to Navigate this Course.
The contracts you will be using are in the Contracts Module.
There is one question for this Contract 2. I am looking for the ability to read and comprehend the contract so the appropriate contract clause can be applied to the questions connected with each contract. In order to answer the contract fact scenario, you will also need to be able to identify the legal concept(s) that is applicable to the situation described. This is an analysis so please treat it as such. Your personal opinion is not appropriate.
There is a correct answer(s) for the question as several legal concepts apply. If a student discusses a different legal theory for answering the question, partial points will be given. In cases of complete or partial answers, text references are mandatory to support the remedy proposed by the student. A text reference that has no bearing on the remedy or legal arguments will be counted as “no text”. For example, if any contract has an issue of risk of loss, referencing the text on contract formation will not meet the requirement. The sections of the text that you have read contain all the information you need for this analysis.
Please remember to reference the applicable parts of the contract that you are using to answer each question. Your response should be in IRAC Writing Format.
A student will be given 4 points for the text reference, 4 points for the contract reference, with 15 points for the analysis itself, 4 points for proper IRAC formatting.
The remaining 3 points will be given as a spelling/grammar score. Following is the prompt.
UCC Sales Contract
The following question is based on the Sales Contract found in the Contracts Module. Please reference the Sales Contract by clause number as you answer the questions. Remember, this is a contract under the UCC. IRAC Response (properly labeled with at least 2 paragraphs in the application section with textbook and contract references to support your answers)
You contend that you received non-conforming goods as a result of an ambiguity in the contract. You ordered goods thinking you would get a particular product. You wanted Stamply Thirst Tumblers. That was the original oral telephonic communication when you first contacted the selling merchant. You both talked about and agreed on Stamply Thirst Tumblers. Thereafter, in additional phone conversations, you and the seller just used the phrase “tumblers”. The seller prepared a written contract and sent it to the buyer for review and signature. The contract was signed by both parties. The selling merchant then shipped Taykeda Sip Tumblers that are in perfect condition but they are not Stamply Thirst Tumblers as they are slightly heavier and leak. The selling merchant believes the goods are conforming. Upon receipt and inspection of the goods, what are all your merchant options under the contract and at law as the buyer?

In this assignment you are required to write a discussion post and comment on a minimum of 2 other students posts. Initial posts should be completed by 11pm Friday 5/3 and replies are due on 11pm on Tuesday 5/14. Your post should be a minimum of three sentences and should maintain proper grammar, spelling, punctuation and sentence structure. Replies and comments to other student posts should be polite and respectful. Remember to abide by the online etiquette as discussed in the syllabus.
This week we are exploring our possible paths in Business Law. We’ve looked at starting a business, Forms a Business Can Take, Business Property, Contracts and finally this week we explored Employment Concepts. For this discussion post, please think broadly about business office and consider in what settings your skills may be useful. I would like you to research and identify various occupational opportunities in business and accompanying skills you could step into and write a brief summary of:
What actions would be required of you in that position,
How it would use the general knowledge gained from this course,
What you need to be qualified for the position, and
Provide a link to an organization that facilitates this type of business or employment opportunity. As you conduct your research, please reach out directly to a professional with the organization and conduct a short interview to round out your information about the organization and how you could get involved.
For your replies, please discuss if you find this opportunity something you would or would not like to participate in and why, or further develop the information about this organization and perhaps comment on your personal experience, if you already volunteer with it or work in the area. You could also help develop the expected skills for success in this role.
“Yes” or “No” or “I agree” is not an answer nor is it a response. I’m looking for developed answers that include an analysis requested in the prompt in relationship to the content of the textbook and outside research. A response is a comment to someone, so please indicate whose post you are responding to and develop your answer. I don’t know the context for your response if I don’t know who, by name, you are responding to. The statement, “I agree with you”, doesn’t tell me who as all I see is a string of names.

Project 3: Leading Ethically and Legally at Home and Abroad
Step 1: Perform Ethical Analysis
Vice President Dodger has provided you with the Electropic LLC case file, which details recent events at Electropic LLC, one of Colossal’s technology companies. He has asked you to analyze the legal and ethical aspects of the case. The ethical aspects of the situation seem complex, and you realize that you need a structured way to think through the various resolutions to the case and their implications. You know that there are many different schools of ethical thought and a variety of frameworks or approaches for analyzing ethical problems, but you decide that the best approach to this particular situation is Badaracco’s right versus right framework.
You’ll start by working through the right vs. right ethical analysis, considering the various options for action and the winners and losers for each option. What are your recommendations for the best ethical course of action? Be sure to analyze all four questions and all three tests of Badaracco’s framework.
When you’ve finished analyzing the ethical aspects of this case, continue to the next step, in which you’ll consider any legal issues that could affect your decisions.
Project 3: Leading Ethically and Legally at Home and Abroad
Step 2: Perform Legal Analysis
As you continue to sift through and consider all the details of the Electropic LLC case, Vice President Dodger reaches out with an important note:
INBOX (1 NEW EMAIL)
From: Kenneth Dodger, Vice President, Colossal Corporation
To: You
Just wanted to remind you that in addition to the ethical aspects of the Electropic LLC situation, there may be legal implications that the human resources department needs to account for before moving forward with any plan of action. To that end, you’ll need to review any relevant information about fraud and employment at will, that might affect what could or should be done about the situation at Electropic LLC.
When you’ve worked through the possible legal implications and arrived at a recommended course of action for Electropic LLC’s HR department, it’s time to present your analyses, recommendations, and action plan in a report.
Please use your outline and research notes to inform the writing of your report.
That’s all for now. I know this is a tricky case. Thank you for your efforts.
Ken
Project 3: Leading Ethically and Legally at Home and Abroad
Step 3: Write Your Electropic LLC Report
Use your outline and research notes to prepare your report. Be sure to meet the following requirements laid out by the VP:
Using Badaracco’s right vs. right framework and your legal analysis, prepare a report.
Include APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the report using APA style, just the reference list). See references and citations for details.
Include in your report a detailed analysis of all four questions and three tests of the Badaracco framework; also include an analysis of the legal issues.
Include a specific recommendation on what actions, if any, HR should take based on your legal and ethical analysis and conclusions.
The report should be no more than 10 pages (double spaced, 12-point font; the reference list does not count toward page limit).
Title your file using this protocol: lastname_Electropic_date.docx.
Submit your Electropic report to the submission dropbox located in the final step of this project. You should try to have this report complete by the end of Week 6. In the next step, you will begin work on the final task from the VP regarding global law and ethics.

Jury 1 L – N (first letter of last name) DUE at 11pm
22 unread replies.22 replies.
Chick’s and ADR
Chick’s Restaurant used an alternative dispute resolution program. Employees of Chick’s had to sign an “agreement to arbitrate employment-related disputes” to be eligible for raises, transfers, and promotions. Under the agreement, both Chick’s and the employee agreed to resolve all disputes arising out of employment, including “any claim of discrimination, sexual harassment, retaliation, or wrongful discharge, whether arising under federal or state law,” through arbitration.
In a separate policy document not shared with employees until after they had signed the agreement, Chick’s set forth the rules and procedures of its arbitration program:
The employee had to provide notice of the specifics of the claim, but Chick’s did not need to file any type of response to these specifics or notify the employee of what kinds of defenses the company planned to raise.
Only the employee had to provide a list of all facts or witnesses and a brief summary of the facts known to each.
While the employee and Chick’s could each choose an arbitrator from a list, and the two arbitrators chosen would then select a third to create the arbitration panel that would hear the dispute, Chick’s alone selected the arbitrators that were put on the list.
Only Chick’s had the right to widen the scope of arbitration to include award any matter, whereas the employee was limited to the matters raised in his or her notice.
Only Chick’s had the right to record the arbitration.
Only Chick’s could cancel the agreement to arbitrate or change the arbitration rules.
Barbie had worked as a bartender at the Chick’s restaurant for about five years before Chick’s adopted its arbitration policy. Barbie was given a copy of the agreement to arbitrate to review for five days and then sign. Approximately two years later, a Chick’s official grabbed and slapped her buttocks. After appealing to her manager for help and being told to “let it go,” she quit her job. When she threatened to file a lawsuit for sexual harassment, Chick’s filed an action in federal district court to compel arbitration of Barbie’s claims.
Should Barbie be forced to settle her claim through arbitration? Why?
Assume your company’s arbitration policy was exactly like Chick’s’. Name one aspect would you retain, and which one might you change? Why? Be specific.
In October, 2019, California companies can no longer require employees to sign an agreement forcing harassment, discrimination and wage claims into arbitration as a condition of employment instead of being able to sue.
California’s legislation was careful not to conflict with the Federal Arbitration Act and U.S. Supreme Court case law that allows companies to enforce mandatory arbitration agreements. The new state law says it’s illegal to require mandatory arbitration as a condition for employment, but doesn’t invalidate existing agreements. It also protects employees from retaliation and allows them to go to the state Labor Commissioner’s Office.

Jury 1 F- K (first letter of last name) DUE at 11pm
66 unread replies.66 replies.
The Case of the Director Who Wore Too Many Hats
Sarah is one of 5 directors of Lavish Investments Corporation. She is also a majority shareholder holding both common and preferred stock. Her stock with voting rights amounts to 47% of all stock issued with voting rights. Sarah buys, for $1,500, an option to purchase a tract of real estate called Blueacre, which is next to Lavish’s home office, for $50,000. Sarah forms a new corporation, Commercial Property, Inc., to hold the option. She then has Commercial Property buy Blueacre. As a director of Lavish, Sarah orders Lavish to authorize its real estate agent to negotiate the purchase of the land from Commercial Property for $100,000. After a successful negotiation for the purchase of Blueacre for $100,000, Sarah has Commercial Property sell it to Lavish, and loan the money to Lavish for the purchase price at a 5% interest rate which is 2% below the market rate. Pablo, a minority shareholder in Lavish, formally complains to Lavish’s board which takes no action. The Trial
Pablo files a suit against Sarah on Lavish’s behalf seeking to cancel the sale. Sarah asks the Court to dismiss the lawsuit as Pablo has no standing to bring the lawsuit.
Arguments At Trial
Sarah’s attorney argues that Blueacre is necessary for Lavish as it will allow them to expand their offices and production plant thus increasing the net worth and potential profits to the shareholders. Further, the Board of Directors of Lavish authorized the purchase which appeared to be in accordance with the Articles of Incorporation.
Pablo’ attorney argues that the purchase of Blueacre should have been put to a vote of the shareholders of Lavish as required by Lavish’s Bylaws. Lavish’s Board of Directors failed in its duty to make sure this sale was in the corporation’s best interest.
Questions to Decide
What kind of suit will Pablo file and what is its basis?
Who are the Plaintiffs and who are the Defendants? Why?
What are the defenses, if any, of Lavish or Sarah?
Who will win the case and why?