Discuss the advantages and disadvantages of alternative dispute resolution compared to litigation. If you were entering into a business contract which would you prefer to see in the contract? Why?
2. Shoplifting is a very serious problem for retail store owners, with millions of dollars of merchandise stolen each year. Obviously, some shoplifters put clothing and other items under their clothes and then attempt to leave the store. Video cameras in every bathroom and dressing room would undoubtedly reduce successful shoplifting. Using rights principles of ethics, what ethical issues are raised by such action?
3. Sally, 16 years old and unmarried, went to Hospital of the Good Shepherd with her mother. Unknown to her mother, Sally was pregnant and in labor. She was in extreme pain when she was admitted to the hospital and was told to just sign the medical treatment authorization form so she could be treated. Sally delivered a healthy baby, and both Sally and the baby were released the next day in good health. The hospital attempted to collect their bill from Sally’s insurance carrier but it only paid a portion of the costs. The hospital then sued Sally for the balance. Is Sally liable for the balance of the medical bill? Is Sally’s mother responsible?
4. In many other countries, contracts aren’t as strictly construed and don’t contain all of the terms of an agreement as they do in the United States. Often, business people from other countries complain that U.S. contracts are viewed too formally. Generally, contract law in the U.S. requires all parties to a contract to continue to perform the contract even when conditions have changed and make it more difficult for one party to continue to perform. Do you believe contracts should be more flexible to allow for changes in the terms of the agreement when conditions change? Or, do you believe the terms of a contract should be viewed as an absolute irrespective of any change in conditions? Explain your answer. PF Blue + Charcoal PF Blue + White
5. John is in the process of buying a new house. He looks on the Internet for some furnishings he believes he will need for the house. He finds exactly what he is looking for on the shopforit.com website. The website even allows him to finance his purchase; all he has to do is to complete a short application and accept the terms of the financing by clicking on the “I Accept” button. John is so excited about finding what he is looking for that he quickly fills out the application and, without reading the financing terms, he clicks on the “I Accept” button. Two weeks later, John is in a store looking for other items for his home and he finds exactly the same thing that he had previously purchased but for less money and with much better financing terms. John e-mails shopforit.com and tells them he wants to cancel his purchase. Can John cancel his purchase with shopforit.com? Explain.
6. Penny, a senior vice president at Wholesale Foods LLC, sends a contract to Green Foods, Inc., one of its primary suppliers, containing the terms to purchase a new line of foods from Green. Green receives the contract and signs it but adds to the bottom a provision that any goods received that aren’t acceptable must be rejected and returned to Green within 24 hours of receipt. Green then returns the signed contract to Penny at Wholesale Foods. Is this additional provision a part of the contract between the parties?
7. Elise endorses a negotiable instrument she received for painting work she hasn’t yet performed “to the order of Karen.” Karen takes the instrument for value, in good faith and without notice of any claims or defenses against it. Karen then endorses it and gives it to John. The instrument isn’t yet overdue. Elise, however, hasn’t yet done the painting, and the original issuer refuses to pay John. Discuss the rights of the parties.
8. A customer eating at a fast-food restaurant bites into her hamburger and is injured when she swallows a bone over a half an inch long. The customer sues the restaurant. What warranties has the restaurant potentially violated? Do you think the customer will be successful? Explain.
9. In 2000, Jack and his two adult sons, Jim and Joe, created a corporation, Jack & Sons, Inc, with each as a shareholder and director. During the first year or so they maintained corporate bank accounts, had the name printed on trucks and stationery and held annual stockholders’ and directors’ meetings. After Jack died, in 2005, Jim and Joe forgot about the corporation and failed to hold meetings or otherwise follow the corporate formalities. In 2007, Joe, working as an employee of Jack & Sons, Inc., was allegedly negligent in some electrical wiring he performed, which caused a disastrous fire at a local church, in which several people were injured. Can Jim and Joe be personally held liable to the injured parties or the church? Explain why or why not.
10. If you were beginning a child’s day care center business, which form of business organization would you select? Explain why.
11. John is a corporate officer and director at ABC Cooling, Inc. John is sitting at the country club one evening after playing golf and tells his friends that he is aware an international cooling and heating company has approached ABC to purchase the business and everyone should buy as many shares of the company as possible. The next day, Adam, who was at dinner with John the previous night, purchases all of the shares of ABC Cooling, Inc. that are available. The next week, a public announcement is made that ABC Cooling, Inc. is being sold to Home Cooling and Heating, Inc. for a very large sum. Is there anything wrong with what Adam did? Explain. Do you believe Adam should be able to use any information he obtains, from any source, even it results in his obtaining an unfair advantage? Be sure to explain why you feel it’s right or wrong.
12. Don, a salesperson at XYZ Corp, called and ordered 10,000 widgets from Alwaysthere, Inc. When the invoice arrived, XYZ paid the invoice but told Don in the future all orders for widgets were to be done through the purchasing department. Six months later, knowing XYZ needed widgets again and believing it would take too long to order them through the purchasing department, Don called and again ordered the widgets himself from Alwaysthere, Inc. When the invoice arrived, XYZ refused to pay for the widgets, explaining that Don had been told he couldn’t do the ordering himself any longer. What will be the likely result? Explain your reasoning.
13. Karen owns a residential building in fee simple. She conveys her interest in the building to John but reserves for herself a life estate. Karen wants to lease her interest. May she do so? What if John wants to lease the building, may he do so?