Business Law Midterm

Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.

All operations within an organisation must be viable through legislation. Legislation often constrains just how much information an organisation can have and the manner in which it can be used. Legislation exists to protect both employee and employer from unfair conduct. Legislation is a law which has been produced by the government. Legislation exists to authorise access to particular files, to sanction individuals who do not abide by guidelines set, to restrict how much information can be given, etc. For example, employees must have a formally written contract of employment prior to commencing work with a company. It protects employees against unfair dismissal and states that a redundancy pay must be paid if the

-The Reasoning: the face that the appellant did not like the fee indicated does not preclude the finding of a binding contract. Appellant intended to negotiate, but never did so. Appellant

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

The principle of law is that for a valid contract to be formed there must be an agreement reached by both parties.

In 1816, the 2nd National Bank of the United States was chartered by Congress, establishing a branch in Maryland. In trying to protect local business and claiming the unconstitutional chartering of the National Bank, (?????as a direct response????), the state of Maryland passed legislation to impose a tax on all banks not chartered within the state (the Bank of the United States was the only bank that qualified). However, McCulloch, the cashier of BUS’ Baltimore branch, refused to pay this tax and was sued by the state. McCulloch lost in county court and the decision was reaffirmed by the appellate court.

A contract requires four elements to be valid. Essential elements in any contract include the following: agreement, consideration, legal ability, and a legal object (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). The agreement includes the offer made to the other party who then agrees to enter into the contract. The consideration includes the exchange each party receives as a result of the contract. The legal ability is capacity one has to enter into a legal contract. The legal object is the legality of the contracted issue. These elements together create an effective, valid contract.

In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.

Bell Microproducts, Inc. mailed to McGurn an offer of employment that stated that if McGurn were terminated without cause during the first 12 months of employment, he would receive a severance package of $120,000. McGurn crossed out 12 and replaced it with 24, and signed the contract. Bell did not acknowledge the change that had been made to the contract and hired the applicant. McGurn was terminated without cause 13 months later.

The food and drug administration has control over e-cigarettes since 2011 and they haven’t been regulating e-cigarettes yet. They have only issued a letter “to electronic cigarette distributors warning them to see's making various unsubstantiated

A contract is a legal document that states and clarifies a formal agreement between two different people or groups. This implies that an agreement between parties must have a strong backing by law. The following are therefore required for a contract to be mandatory for all participants involved. These elements in a contract prove whether the contract is regarded credible or not credible: The objective is to build a legal relationship, offer and acceptance, consideration, capacity to contract and legality.

The ______ approach to business and society introduced in the text is a descriptive framework that integrates legal and societal considerations with mainstream theories of competitive advantage and social

In the article “Why ban the sale of cigarettes? The case for abolition” by Robert Procter states that “Another objection commonly raised to any call for a ban is that this will encourage smuggling, or even organized crime.” I can agree with this statement although this author is for banning this statement brings out a huge issue that could potentially arise from banning tobacco. If there is a will there will be a way. Another outrageous idea I read in the article called “Regulatory Approaches to Ending Cigarette-Caused Death and Diseases in the United States” by Richard Daynard was the fact that the government would give tobacco companies a limit to how many cigarettes that can produce each year. By doing this it stated by the end of 2015 “it would become unlawful for a cigarette manufacturer to produce more than two-thirds of the brands baseline.”. So not only would the indoor-outdoor smoking bans be in effect the government would now be regulating the amount of cigarettes produced in the United States. Therefore I feel as strongly as others about banning smoking rights. I am a non-smoker myself and as long as you aren’t purposefully blowing smoke in my face, feel free to do as you please. While you can, that is.

for it to qualify as a proper contract in the eyes of the law: offer

In order for a contract to be formed, there are various requirements. These are offer, acceptance, consideration, and the intention to create legal relations. A contract may also be terminated.