The Case: SmartCo is a company producing and selling washing machines. Jim is working asa sales officer in this company. His obligation is to directly communicate with customers andto sell them products of the company. Tom is a customer of SmartCo. Wago Inc. is a businesspartner of SmartCo.Question 1:Tom comes to Jim to buy a washing machine. Jim informs Tom that their company has recentlyreceived a consignment of new machines. The management of the company instructed allofficers, including Jim, to tell customers that all details in their machines are of highestunbreakable quality. This is what Jim tells Tom. Having trust in Jim's words Tom buys awashing machine – it breaks on the first day of its usage. It occurs that it consists of low-qualitydetails. When Tom returns to Jim with a complaint, Jim responds that he had no knowledge ofany defects in the washing machines he sold.Did Jim 's conduct constitute fraud? Explain your answer.What is the difference between fraud and negligent misrepresentation?

Did Jim's conduct constitute fraud? Explain your answer. In my opinion, Jim's conduct with his…

Answered: Did Jim's conduct constitute fraud?…

Principles Of Marketing

17th Edition

ISBN:9780134492513

Author:Kotler, Philip, Armstrong, Gary (gary M.)

Publisher:Kotler, Philip, Armstrong, Gary (gary M.)

Chapter1: Marketing: Creating Customer Value And Engagement

Section: Chapter Questions

Problem 1.1DQ

See similar textbooks

Similar questions

In US Supreme Court case O'Hagan v. United States (1997), O'Hagan was a lawyer working for Grand Met, a company that was secretly planning to make a tender offer for the stock of Pillsbury, the 'target' firm. O'Hagan bought call options on that stock before Grand Met offer went public. The misappropriation theory articulated by the Court's majority in this case is also called the theory of 'outsider' (rather than 'insider') trading. That is because 0'Hagan was not an insider of Pillsbury, the target. He was an outsider who did not owe a fiduciary duty to the shareholders of Pillsbury. The Court's majority held that he did, however, owe a fiduciary duty to Grand Met, the outside firm holding private material information releyant to the future value of Pillsbury stock.(T/F/U and Why?)
While tax-exempt entities are indeed generally exempt from paying Federal income tax, they must operate in ways that guarantee that they remain in compliance with tax laws governing their tax-exempt status. List and explain steps tax-exempt entities must take to protect their tax-exempt status.
Identify and discuss U.S. federal laws that govern insider trading.
Becky Fenton has 25/60/10 automobile insurance coverage. If two other people are awarded $33,000 each for injuries in an auto accident in which Becky was judged at fault, how much of this judgment would the insurance cover?
Purell Magazine Construction Fraud The Purell Magazine Construction Fraud case involves James Small, a facilities supervisor at Purell Magazine and Publishing House, who engaged in a sophisticated scheme of occupational fraud. Small was responsible for overseeing the painting operations as part of the company's conversion of its plant in Oakville, Ontario, into an office complex. This massive renovation project involved constructing an auditorium identical to one in the company's European offices. Small's fraudulent activities came to light when the vice president of administrative services, Richard Green, noticed forgeries in a stack of invoices related to the auditorium construction project. An initial investigation revealed that all the forgeries were in the painting division, with a budget of approximately $800,000 a year. Small, who earned about $30,000 a year, had been the only person overseeing the painting operations. Small's fraud scheme involved creating false invoices for…
When a corporation wishes to issue certain securities, it must provide sufficient information for an unsophisticated investor to evaluate the financial risk involved. Specifically, the law imposes liability for making a false statement or omission that is "material." What sort of information would an investor consider "material" pursuant to the Securities Exchange Act of 1934? Be sure to explain the Act and provide two recent case examples where material representation or omission amounted to securities fraud in violation of SEC Rule 10b-5.
1) A misdemeanor is a more serious crime than a felony. Why its false? 2) You accidentally take someone’s mink coat by mistake. You have committed theft. Why its false? 3) Robbery is the taking of property without force. Why its false? 4) If you find a signed and endorsed check, and you cash it, you have committed forgery. Why its false? 5) If you break into an apartment in order to escape a meteor shower, you have committed burglary. Why its false? 6) If a bank robber forces you, a bank customer, to kill a teller, and you do, you will be found innocent. Why its false? 7) If you buy a stolen 60-inch television out of the back of a truck at 2am for $15, you have committed no crime. Why its false? 8) If a person is a suspect in a crime, they mut cooperate fully with law enforcement and answer all questions. Why its false? 9) If you get drunk and then rob a bank, you will be found not guilty. Why its false? 10) A person is guilty of shoplifting if they take merchandise from one part of…
Agency Issues. One of the “Finance through the Ages” episodes that we cited is the 1993 collapse of Barings Bank, when one of its traders lost $1.3 billion. Traders are compensated in large part according to their trading profits. How might this practice have contributed to an agency problem?
The U.S. Securities and Exchange Commission (SEC) released its final rule to implement a code of ethics under SOX Title 404. The stock exchanges have proposed that each company listed on the exchanges publish its code of ethics. Discuss how disclosures of a code of ethics by senior management could have a positive effect on public confidence and influence investors' behavior. Discuss the consequences of not establishing a code of ethics. Support your position. Evaluate the importance of senior management in setting the tone for the application of the company's code of ethics and promoting positive employee behavior, improved decision making, or the willingness to report unethical behavior of coworkers. Recommend at least two policies that might encourage employees to report unethical behavior.
Cedar Hospital Systems Fraud Hospital administrator Jake Rosen was recently convicted for fraud he committed against his employer, Cedar Hospital Systems. Over a period of six years, he allegedly made payments to a dummy company for maintenance charges while simultaneously running a scheme with maintenance contractors where he either paid them for work never performed or overpaid them for work. The skyscraper where Jake worked was only 10 years old. Maintenance charges rose from $5.2 million in 1994 to $16.4 million in 2000. It was worth noting that the judge on the case questioned whether Cedar Hospital Systems deserved less than full restitution for failing to notice the problem. However, it was determined that federal law on restitution does not allow such charges, so Jake Rosen will be making monthly payments towards the alleged $8 million he stole until he makes full restitution after leaving prison. He was able to quickly repay $3.2 million of the theft with assets recovered by…
How did the court evaluate the Prewitt v Numismatic Funding Corporation case?
Please do not give solution in image formate thanku.

SEE MORE QUESTIONS

Recommended textbooks for you

Principles Of Marketing

Marketing

ISBN:

9780134492513

Author:

Kotler, Philip, Armstrong, Gary (gary M.)

Publisher:

Pearson Higher Education,

Marketing

ISBN:

9781259924040

Author:

Roger A. Kerin, Steven W. Hartley

Publisher:

McGraw-Hill Education

Foundations of Business (MindTap Course List)

Marketing

ISBN:

9781337386920

Author:

William M. Pride, Robert J. Hughes, Jack R. Kapoor

Publisher:

Cengage Learning

Principles Of Marketing

Marketing

ISBN:

9780134492513

Author:

Kotler, Philip, Armstrong, Gary (gary M.)

Publisher:

Pearson Higher Education,

Marketing

ISBN:

9781259924040

Author:

Roger A. Kerin, Steven W. Hartley

Publisher:

McGraw-Hill Education

Foundations of Business (MindTap Course List)

Marketing

ISBN:

9781337386920

Author:

William M. Pride, Robert J. Hughes, Jack R. Kapoor

Publisher:

Cengage Learning

Marketing: An Introduction (13th Edition)

Marketing

ISBN:

9780134149530

Author:

Gary Armstrong, Philip Kotler

Publisher:

PEARSON

MKTG 12:STUDENT ED.-TEXT

Marketing

ISBN:

9781337407595

Author:

Lamb

Publisher:

Cengage

Contemporary Marketing

Marketing

ISBN:

9780357033777

Author:

Louis E. Boone, David L. Kurtz

Publisher:

Cengage Learning

SEE MORE TEXTBOOKS

Did Jim's conduct constitute fraud? Explain your answer. What is the difference between fraud and negligent misrepresentation?