Category Archives: BUS 415

BUS 415 Week 5 Individual Business Entities, Laws and Regulations Paper

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Restaurant/bar: Lou and Jose plan to open a sports bar and restaurant where customers socialize and watch sporting events on large-screen TVs that hang around the bar. They do not have much money, but they do have Miriam, a wealthy investor who does not have time to participate in the business, but wants to provide capital to start the business in return for a percentage ownership.

Extermination business: Frank is a wealthy investor who plans to open a chain of exterminating businesses across the United States.

Professional practice: Akiva and Tara have just completed all educational and experiential requirements to be licensed as obstetricians. They want to open a birth clinic together. They will take out a large loan to finance start-up costs.

Construction Scenario: Mei-Lin is the hiring manager for Surebuild, Inc., a updated construction company. She has advertised a position as a jackhammer operator. The position’s description states that the successful applicant must have a high school diploma. The following people apply for the position: Michelle, 35, who appears to be pregnant, is a high school graduate, and was formerly employed as a jackhammer operator; Eric, 55, who is experienced with a jackhammer, but has no high school diploma; Felipe, who is 38, speaks no English, has no high school diploma, but is experienced with a jackhammer; and Nick, 23, a college graduate who is epileptic, and has no experience with a jackhammer.

Write a 1,050- to 1,400-word paper, discussing two of the above  three businesses, and the Construction scenario. For each business, discuss the business entity that represents the best choice for each business, taking control, taxation, and liability issues into consideration. Identify laws and regulations each business must consider in starting the business, and identify risks against which each business must protect itself. For the  Construction Scenario, identify the employment discrimination issues in the scenario and discuss how to deal with such discrimination issues by citing,discussing and applying  the applicable federal  employment discrimination laws and regulations.

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BUS 415 Week 5 DQ 2

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Your employee, Tom Smith, believes women are treated as inferiors in the department where he works. He has complained to his supervisor, Doug Greer, who is also your employee, and the Equal Employment Opportunity Commission (EEOC).  Greer has responded by reducing Smith’s salary and opportunities for overtime. Does Smith have a case against your company? If so, describe his cause of action and what he must prove to recover.

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BUS 415 Week 5 DQ 1

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What is the chronological order of the major legislation that makes up the history of employment law in this country? For each law, state the social problem the law was designed to address, and discuss how employment law has affected the workplace in the last two decades.

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BUS 415 Week 4 Learning Team Foodmart Inc Paper

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Foodmart, Inc. is a retail grocery store chain based in Any State, U.S.A. Foodmart has stores throughout the United States. Brian McDonald works as the produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending his summer vacation working for Brian in the produce department.

Write a 1,050- to 1,750-word paper with detailed answers to the following scenarios:

Foodmart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in updated contracts, subcontracted the job to Build Them to Fall Construction. Foodmart was unaware of the subcontract. When Foodmart realized, due to the poor quality of work, that Build was handling the renovation, Foodmart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Summarize the legal defenses to contract formation and enforcement.

o    At the end of the summer, Jeremy Atwater earned enough money to put a down payment on a car. He decides to continue working part-time during school to earn money for the car payments. Jeremy purchased a car from Smooth Sales Used Cars. Smooth did not ask Jeremy how old he was; the salesman assumed he reached the age of majority. Jeremy paid the down payment and signed a contract stating that he would make payments of $200 each month. Six months later, Jeremy lost his job and could no longer make the payments. Jeremy took the car to Smooth and said he wanted to cancel the contract, and that he wanted his money back. What are the possible outcomes? Compare and contrast potential legal and equitable remedies.

Brian McDonald spent his time away from work on his hobby, model trains. His train set was large and consisted of rare and one-of-a-kind trains. One day, while visiting with fellow train hobbyist Harry, Brian said, “When I retire in 2 years from Foodmart, I’m going to sell my trains and spend the rest of my life traveling on real trains.” Brian told Harry that he was the only person he planned to offer his trains to, because he kupdated Harry would take care of them. Harry said he looked forward to the day when he could buy the trains. Harry spent the next 2 years and most of his savings building a updated 2,000-square foot room onto his house to make room for the trains. When Harry told Brian he was building the updated room, Brian just smiled. Brian also heard that Harry borrowed money from his aunt to buy the trains. When Brian retired, he sold his trains to his neighbor, James. Harry sued Brian, claiming breach of contract, or in the alternative, for promissory estoppel. Who wins? Explain your answer with respect to both alternative claims. You may assume that there is no Statute of Frauds issue merely because any contract is not in writing.

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BUS 415 Week 4 DQ 3

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

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BUS 415 Week 4 DQ 2

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Tom inherited his father’s landscaping business, and incorporated the business after he read an article in Lawn News, advising landscaping businesses to incorporate. Tom has been sued by a customer, whose prize rose bushes were accidentally damaged by a landscaper. Tom called his attorney, Hector, to represent him in the lawsuit. When Hector asked for the corporate minutes, Tom said, “What corporate minutes?”  Hector advised Tom that his personal assets could be taken if he lost the suit, but Tom said, “No, don’t worry! I’m a corporation; I have no personal liability!” Is Tom correct?  Identify and discuss the legal principle that would be applied by a court to resolve this issue, and predict the outcome of the suit against Tom

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BUS 415 Week 4 DQ 1

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Elaine and Roy are registered nurses.  They want to start a home health agency, taking referrals from physicians and providing health care to homebound patients.  They plan to be in business for 10 years.  Identify the reasons why incorporation is an effective idea for their business, the steps they must take to incorporate their business, and the steps they must take to dissolve the corporation once the 10 years has passed. (Please apply your discussion specifically to the business above and give illustrations involving that business.)

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BUS 415 Week 3 Learning Team Synopsis of Tort Cases Paper

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Write a minimum of a 350-word synopsis for each scenario in which you answer the following statements:

o    Indentify each possible tort action by stating the legal claim and the plaintiff and defendant for the legal claim
o    Provide an analysis of how each possible tort action will be resolved, which will involve stating the key legal
elements of each tort claim and also describing any viable legal defenses that the defendant may have

Scenario 1: Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and sending the ball into the stands, injuring a fan. The referee calls this an incomplete pass, which upsets Malik, a fan seated next to Ruben. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the aisle steps, knocking out two of his front teeth. An usher takes Malik to the first aid station.

On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel’s boss, who tells him he does not want anyone working for him who would give alcohol to a child, and that Daniel is fired. Meanwhile, the concession worker gets distracted by the scene in front of him, and accidentally gives Daniel two regular, sugary soft drinks instead of diet drinks. Daniel and Ruben drink the soft drinks as they exit the stadium.

Just as Daniel and Ruben arrive at their car, Malik and his wife appear behind them. Malik is pointing a gun at Daniel. The gun is not loaded, but he wants to scare Daniel. Unfortunately, Daniel has a concealed weapon and, believing himself threatened, shoots Malik. Malik’s wife starts screaming and phones for an ambulance and the police. Before the police and ambulance arrive, Daniel slips into a diabetic coma.

Scenario 2: Anna orders a meal in an Italian restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Anna’s cry, another waiter who is pouring wine at a nearby table spins around and bumps into Anna’s waiter, who is carrying a flaming dish. The flaming dish tilts onto Anna’s waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. An old lady is trampled by the crowd and is seriously injured. Several other patrons suffer smoke inhalation and burns, but finally, everyone is out.

When the ambulances and fire engines arrive, Anna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg.

Scenario 3: Franco is an agent for SureCo, Inc., an independent insurance agency that offers policies from several insurance companies. With the economy in crisis, SureCo is experiencing hard times. The boss tells the agents that if they do not start selling insurance policies, the agency is going to shut down and everyone will be out of a job. Franco needs this job badly, and starts calling his customers to see if he can sell some policies. He calls Raul, and tells Raul that if he increases his coverage at present rates, Franco will guarantee that the premiums will never go up. He tells other customers the same thing, and many take advantage of the offer to increase their coverage and lock in at the present rates. The commissions start rolling in, and the boss is pleased.

A year later, when customers get bills for policy reupdatedals, they are irate to see that premiums have gone up. The boss finds out for the first time what Franco has done when she is served with a lawsuit filed by a customer. She yells at Franco, and demands that he clear out his desk. She has security escort Franco out of the building in front of the other agents, who are shocked. When asked by the other agents about what happened, the boss tells them Franco was fired for stealing.

Raul decides to get back at the agency, and marches up and down the street in front of the agency with a big sign that says, “SureCo cheats its customers!” The boss cannot let this continue, so she takes a staple gun, goes outside, and fires it in Raul’s direction, hoping to scare him away. Unfortunately, she misses and hits Raul in the eye, causing permanent blindness in that eye.

Scenario 4: Randy is a sales clerk at Buy-Mart, a huge discount store. He works in the hardware and gun department. One day, Lee asks to look at a rifle. Randy unlocks the case and hands Lee the rifle he wanted to see. Lee examines the rifle, and tells Randy he will take the rifle and a box of bullets. Randy puts the bullets on the counter, and turns to ring up the transaction. While Randy is not looking, Lee opens the box, loads the rifle, aims, and shoots a lady who is walking with a man in the next aisle. Upon seeing his wife fall, the man clutches at his chest and has a heart attack.

Lee aims at someone else, but Randy tackles him and knocks him down, spoiling his shot. The bullet ricochets off a metal beam and injures a boy. Randy and Lee struggle until Randy knocks Lee unconscious. The store security guard comes over and, in the heat of anger, kicks the unconscious Lee in the ribs. Randy can hear Lee’s ribs breaking. Randy and the security guard manage to lock Lee in a storage room until the police come. For some reason, the police do not arrive for two hours. Before they get there, Lee comes to and bangs on the door, saying he needs medical attention. The security guard tells Lee, “Be quiet or I will break more of your ribs.” Lee does not get released from the closet until the police arrive to arrest him.

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