BUSINESS LAW Harvey plans to steal money from the company rainy-day fund. Before he can act on his plans, he is fired from his job. While cleaning out Harvey’s desk, Sue, his boss, finds Harvey’s plans to steal the rainy-day money. Under the ruling in Faulkner: True or false
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- Management Agency Relations and the Duty of Loyalty Company A is a manufacturer of consumer electronics products. They hired Agency B to handle their sales and distribution in a specific region. As part of the agreement, Agency B was given exclusive rights to distribute Company A's products in that region. However, Company A has been receiving complaints from retailers and customers about the poor quality of service provided by Agency B. In addition, Company A has discovered that Agency B has been selling its products to unauthorized retailers, violating the exclusive distribution agreement. What should Company A do?Federal laws such as the Gramm-Leach-Bliley Act and HIPPA, apply to claims handling and to the professional activities of the claims representative. True FalseSue is a fifty-five year old employee of company A. Her children are out of college and her parents have both died. Company A offers a child care program to all employees along with an elder care program. However, Sue, like many other employees, has no need for these services, neither now or in the future. Should the firm retain these programs? Should alternative benefits for employees who have no use for such services be offered?
- Patrick Clawson was described by reporter Karen Branch-Brioso in a newspaper story as a “1970s era St. Louis journalist turned private eye turned FBI informant.” The story was published in the St. Louis Post-Dispatch. The fact that he had been characterized as an informant bothered Clawson, who saw it as damaging to his reputation. Accordingly, he brought a libel case against the Post-Dispatch. Recall that to be libelous, a statement must be false and “hold the victim up to ridicule, contempt, or hatred.” Clawson would have preferred the term whistleblower rather than informant because that term commands more respect. Why is the use of the term informant to describe Clawson not libelous?Bob wants to acquire a manufacturing plant. He hires Grace as his attorney to assist him in making the purchase. Grace suggests that Bob have an Environmental Study performed on the property because previous owners of the property operated the manufacturing plant and the manufacturing process resulted in hazardous by-products. Bob doesn't want to pay for the study. Which of the following is true? Bob shouldn't pay for the Environmental Study. Only those who actually improperly dispose of hazardous substances can be held liable as potentially responsible parties under CERCLA Bob should pay for the Environmental Study. Although he has no reason to know that hazardous substances were disposed of on the property, he could still be liable for clean up costs under CERCLA because current owners or operators of a site can be potentially responsible parties under CERCLA Bob shouldn't pay for the Environmental Study. The current owners or operators of a site are not potentially responsible…Which of the following represents an agency relationship? 1) Horace wants to sell his farm and hires Marcie as his realtor. The two agree that if Marcie finds a buyer for the farm at Horace's price, then Horace will pay Marcie 7% of the price he receives. 2) Bob dies and leaves his assets in a trust for his minor child, Lilly. In the trust, Bob appoints Reggie as the trustee to act for Lilly's benefit. Since Reggie has a fiduciary duty to Lilly as trustee, Reggie is Lilly's agent. 3) Lucy contracts to sell her car to Tony for $5,000. Tony purchases the car only to find it not in the condition that Lucy described it. Tony is claiming that Lucy violated her fiduciary duty to him as his agent under the agreement. 4) Hunt is an attorney of questionable ethics. Roger, one of Hunt's clients, is arrested for DUI, but appears to be too intoxicated to consent to a breath test. Hunt is contacted by…
- Brady leaves her diamond necklace to be repaired at Diamonds R Us, a jewelry store that sells new and used diamond jewelry, Diamonds R Us sells the necklace to Doris, who does not know that it belongs to Brad. a. Brad can successfully recover the necklace from Doris. b. Brad cannot recover from either Doris or Diamonds R Us. c. Brad can sue Diamonds R Us for the value of the necklace but cannot obtain the necklace back from DorisA statute requiring railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right-of-way from being hit by trains. B&A Railroad Company fails to fence its tracks. Two of Calvin’s cows wander onto the track. Nellie is hit by a train. Elsie is poisoned by weeds growing beside the track. For which cow(s), if any, is B&A Railroad Company liable to Calvin? Why?In order to police the profession, the state legislature has just passed a law permitting the State Plumbers’ Association the power to hold hearings to determine whether a particular plumber has violated the plumbing code of ethics, written by the association. Sam, a plumber, objects to the convening of a hearing when he is accused by Roger, a fellow plumber, of acting unethically by soliciting business from Roger’s customers. Sam goes to court, seeking to enjoin the association’s disciplinary committee from holding the hearing. What is the result? How would you argue Sam’s case? The association’s case? Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.
- Rebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that: A. Rebekah is not liable if someone else was witnessed planting the marijuana B. Rebekah is not liable because she had no illegal intent C. Rebekah is liable only if she was found to be negligent in not recognizing the marijuana D. Rebekah is liable even though she had no illegal intentWhat issues must the court decide in this case? John Hitman was fired when he was caught carrying a gun into work. He was hospitalized following the incident and was diagnosed with a mental disorder. His attorney informed the company of his mental status and asked that they delay any decision about his employment status. The company fired John for his clear violation of company rules.Annalise suffers from a mental illness but is nonetheless capable of working for the Office of Child Support in Wayne County. She was fired from her job when it was learned that she had misappropriated approximately $2,000 in state funds. Annalise filed a complaint with her union, claiming the DNR violated a state law against discriminating against someone because they suffer from a mental illness. The case went to arbitration, and the arbitrator concluded that Annalise had been dismissed without "just cause," because her acts were caused by her mental illness and were not “within her capacity to control." The county appealed the decision to a court. How should the court rule? a. The Court should reverse the arbitrator’s decision because the County’s dismissal of Annalise was not to discriminate against the mentally ill but because she knowingly misappropriated County money. b. The Court should void the arbitration agreement (meaning that the agreement is not…