Business Law Ver B. Essay

Lost primary profits – Lost profits the π would have made in the resale of the faulty goods

1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.

The Uniform Commercial Code has language that requires certain sales of goods contracts to be in writing in order to adhere to the law, commonly known as the Statute of Frauds (Beatty, Samuelson, & Bredeson, 2013). The general rule for a sale of goods contract is that if the price for the goods are over $500, the contract must be in writing (Beatty, Samuelson, & Bredeson, 2013).

3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.

In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.

u. P2) This implies that the seller who intends to enter a contract with a customer has a duty to disclose exactly what the customer is buying and what the terms of the sale are.

There are a multitude of avenues by which a buyer may seek recourse for defective realty. Realty sales has moved from a caveat emptor state to that of strict liability. But, in the transition there has developed a combination of tort, contract, and warranty law precepts. One must distinguish the type of damages that are recoverable by the first owner and any subsequent owners. Damages that arise out of defective products that may threaten the safety of any occupant would lie under the auspices of strict tort liability. Whereas defects in workmanship that merely lower the value of the real estate should lie simply with the original owner and his/her relation with the original builder in breach of an implied warranty action. Any implied warranties

Part 1681o manages the obligation of "any individual who is careless in neglecting to conform to any prerequisite forced under this subchapter concerning any customer" and gives that such individual is at risk to the buyer in a sum equivalent to the purchaser's genuine harms and lawyer's charges and expenses. 15 U.S.C. § 1681o(a).

1. What impact does the Canadian Charter of Rights and Freedoms have on rights and freedoms not mentioned specifically in the Charter? Could these "other rights and freedoms" be curtailed or extinguished by governments? Answer: The Charter recognizes the existence of other rights and permits them to continue except where they conflict with Charter rights and freedoms. Rights outside the Charter do not have Charter protection, and may be abolished or encroached upon by governments. 2. What is the difference between a "right" and a "privilege"? Answer: A right is an act that may be done with impunity and with the support and recognition of the state. The state recognizes a right as something which neither it nor others may

exactly who is liable for what in the event of damages occurring to whatever property the

In contract law concerning sales transaction, a Right to Cover is a remedy that is available to a buyer under Article 2 of the Uniform Commercial Code (UCC), which governs the sales of goods. The UCC states a buyer may use a cover as a protection in an action of a breach in a sales contract. The buyer, in good faith, would purchase substitute goods when the seller violated the contract and fail to deliver the goods the buyer has asked for. The buyer can recover from the seller the difference of the cost of cover and contract price with any additional incidental or consequential damages. In other words, after the seller breaches the contract, the buyer is able to look for reasonable substitute goods. Then the buyer would have the damages recover from the seller. For example Bob, the buyer owns a hair salon. Bob orders 15 boxes of shampoos from John, the seller. John runs a hair supply store. Bob specifically orders the Green Tea scented shampoos. In his order, Bob states that he must have the shampoos by January 21. Bob pays the full contract price of $30 per box (a total of $450) to John. However on January 21, John delivers 15 boxes of peppermint-scented shampoos. The goods are nonconforming because the shampoos are not what Bob has ordered. One option that Bob has is to cover or purchase reasonable replacement goods. Bob then decides to contact another supplier; Susan to order the Green Tea scented Shampoos and having it deliver on the same day. But Susan’s hair supply

Contract law is defined as lawfully enforceable agreement between two or more people to a contract. An agreement also known as a promise consists of an offer and an acceptance. An offer is defined as indication of the terms upon which an individual is ready to be obligated. On the other hand, an acceptance is the agreement of the terms that have been offered. The parties associated with the agreement are known as an offeror or an offeree. The offeror is the one who makes the offer, and the offeree is the one accepts the offer (Curtin College 2014).

Although these questions appear quite simple, the answers to them are difficult enough. The rights and remedies of the buyer often depend on the classification of the terms. The terms of a contract are the essence of a contract and indicate what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. Before entering into a contract, a series of statements are made by one party in order to encourage or induce the other party to enter into contract. A dispute may later arise as to which of the statements made should be considered a part, or a term, of the contract, and which should be taken as merely pre-contract talk, and therefore, not a part or term of the contract. Parties to a contract are bound only by its terms, not by any peripheral statements that may have been made prior to or after entering into contract. A representation which is subsequently made part of the contract ceases to be a representation and becomes something more, viz., a promise that such a thing is or shall be. The question then arises whether this representation, which has ceased to be a mere representation, and has become a term of the contract, is

Also, the contract should mention the indirect loss from damage to irreplaceable items and information as a covered event.