Summary of Case Good or Service: Mr. Gulash lived in Shelton, Connecticut. He wanted an above-ground swimming pool installed in his backyard. Gulash contacted Stylarama, Inc. (Stylarama), a company specializing in the sale and construction of pools. The two parties entered into a contract that called for Stylarama to “furnish all labor and materials to construct a Wavecrest brand pool, and furnish and install a pool with vinyl liners.” The total cost for materials and labor was $3,690. There was no breakdown in the contract of costs between labor and materials. After the pool was installed, its sides began bowing out, the 2” × 4” wooden supports for the pool rotted and misaligned, and the entire pool became tilted. Gulash brought suit, alleging that Stylarama had violated several provisions of Article 2 of the UCC. Is this transaction one involving goods, making it subject to Article 2? Gulash v. Stylarama, 33 Conn.Supp. 108, 364 A.2d 1221, Web 1975 Conn.Super. Lexis 209 (Superior Court of Connecticut) (Cheesman, 2010, p. 292). Introduction This review will address several issues associated with the legal, business, and ethics related to the case. First, it will address the legality of the case by reviewing the definition and analysis of the Uniform Commercial Code (UCC), Article 2. Next, this review will analyze the business effects of the case as they relate to the monetary bottom line and Stylarama’s attempt to protect his profits. Finally, it will highlight
Presented an in-depth analysis of the facts of the case rather than a superficial viewpoint
“According to the Federal Trade Commission Act, which prohibits unfair methods of competition and unfair acts or practices (Pozgar, G.D).” Even though Dr. Dominy had a contracted with one company (National Emergency Services) and went into another contract with another company (Coastal Emergency Services) but never canceled the contract with National Emergency Service, makes it look like Dr. Dominy was trying to get benefits from both companies. The noncompetitive clause is to restrict anyone who is a competitor. Therefore, Dr.Dominy committed a misleading act whether it was intentional or
Similar to most cases that are brought through the judicial system, the circumstances of Marshall Petersen and the Muscadine grapes are complex and convoluted. One must not evaluate this matter solely based on what is ethically right or wrong. Rather, legal precedent must be evaluated to explore previous outcomes and the facts surrounding such results. Research begins with classic contract dispute concepts and further navigates based on the applicability of lesser known cases. The facts will guide all analysis of this contract dispute, leading to a decision based on an educated interpretation of the law.
Its my job to ascertain if the contracts with the businesses will be gonverened by common law or Uniformed Commercial Code (UCC) and expalin my the reasoning. When examining the overall
The service mentality is ever present in the servicing society of today’s economy. Programs are constantly being created to help individuals, such as Medicare, Educare, Judicare, that state they care about the individual and that their best interest is the main goal. However, these programs lack the relationship involvement that is needed in order for it to be considered care. Instead, the programs create a need, advertise that need to individuals, and provide their solution as a service. The solutions mostly impair the individuals they are intended to improve. This is such the case of Romero and Seferino. True care is establishing a relationship with individuals and not necessarily providing a product or service to change an outcome but instead
1. Briefly provide a synopsis of the case and clearly describe the main problem raised in the case. (10 points)
IMC met with Mr. Tomey to update his service recovery plan. Mr. Tomey stated that his primary goal was to receive housing and that he did not have additional goals he wished to work on at this time. ICM asked Mr. Tomey to discuss his previous service recovery plan and the progress he has made toward meeting his goals. Mr. Tomey shared that he had not made any l progress towards his previous goals as he was not utilizing the strategies outlined in his service recovery plan. Mr. Tomey stated that budgeting is a problem for him and he expressed a desire to continue working towards this goal. Mr. Tomey informed ICM that it is hard for him to budget because his income is low. ICM discussed services offered at the Office of Vocational Rehabilitation
I work at for hospital in the medical billing department, back in November 2016 we had a new system installed called EPIC. However, the company that created EPIC stated all through training this is the best system the hospital could have invested in for their billing system. As of January 2017 ,this system is not working, we cannot send claims to insurance carriers, and we are not receiving money we have over $28,000,000 million dollars in outstanding claims from November until now. Our director called a meeting with management staff to discuss the outstanding balance because he wanted to know why the claims were not being sent to the insurance carriers. At this point, he is very
The court reasoned that the defendants “recognized BSC's corporate status,” emphasizing Mayor’s status as BSC’s president, Castellano’s business partner, and Planet Laundry’s “co-principal.” Because “the one-day delay in BSC's formation was, from the [defendants’] perspective, utterly inconsequential, they cannot now be heard to deny BSC's corporate
While some industries flounder during slow economic times, the service industry, typically will not have the significant difficulties. Service organizations such as medical related fields, waste collection, and funeral homes are a few examples that will continue business as usual (Beattie, n.d.). Consumer demand remains constant in fields due to, in part; medical care, garbage disposal and funerals are daily activities in society. These industries may flourish during times of disease epidemics such as influenza and natural disasters such as hurricanes and flooding. (Service Organizations, n.d.). Locations that are prone to circumstances such as tornados in the central plains region of the United States which include Oklahoma, Missouri, Kansas and parts of Texas may have seasonal increases in the healthcare, waste management and interment fields (Carbin & Schaefer, 2009).
In Keith Morton’s opinion, there are three paradigms of service: charity, project and social change. He gave us the statistics of an un-comprehensive survey to show us that these three paradigms have impact on each others in terms of service as well as contradictive to each other. After examining his theories, I immediately thought of a famous person that I am sure that all Chinese people are familiar with, Feng Lei. Feng grew up as a poor orphan, he joined the military when he was 19, and then he died because of a tragic car accident at age 22. What happened during his rather short lifetime? What did he do? Who made him famous? In this paper, I would like to take Feng Lei as an example to illustrate the relationship among charity,
UBS Group is a worldwide financial advice and solutions provider. One of the main reasons why UBS Group is standing in the leading position in the global financial market is that it embraces the concept of service design and as a result improves its organization’s performance.
The case is related to the pricing of one of Mylan’s product “EpiPen”. EpiPen is a device which administers epinephrine which is used as an antidote for anaphylactic shocks that are related with food allergies that is widely seen in kids. Although the drug was known for ages the calibrated delivery method was patented by Merck Company. When Mylan acquired Merck’s generic division for $6.7 billion, EpiPen was one of the 400 products that was added to Mylan’s product portfolio. The price for the product was $57 at the time and made just $200 million a year for Merck. Bresch was promoted to chief operating officer at Mylan shortly after the deal with
A service encounter is simply defined as a customer’s actual interaction with a service company. Shostack (1985) defined service encounter as the period of time that a customer interacts with a service. Merritt (1977:198), a linguistic scholar, views a service encounter as an instance of face to face interaction between a server who is ‘officially posted’ in some service area, that interaction being oriented to the satisfaction of the customer’s presumed desire for some service and the server’s obligation to provide that service. The service encounter is also known as the ‘moment of truth’ in which the customer often develops a perception about the business and often creates a differentiation from other competitors. Solomon et al (1985)
Worldwide Delivery Service (“WDS”) is a listed company and one of the largest delivery company in the world employing over 300,000 workers with the majority of them being members of trade unions.