commercial law case analyse Essay

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.

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

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.

1. Jerry sent a letter containing an offer to sell his mountain bike to Bill for $300.  This letter was sent on Oct. 1 and it was received on Oct. 4.  On Oct. 5 Bill sent a letter to Jerry accepting the offer.  But then Bill changed his mind; on Oct 6 Bill sent a message by personal messenger to Jerry, rejecting Jerry’s offer.  The messenger delivered the rejection and it was received by Jerry on Oct. 7.  The letter containing Bill’s acceptance was received on Oct. 8.  Based on the above, has a contract been formed for the sale of the mountain bike?

Contractual or legal relationship between parties that are involved in the relationship can be evidence when there is an offer, the offer is accepted, and there is also valuable and legal validity of the considerations. Its existence does not imply that the contract is enforceable. The existence of a contractual relationship is determined by the acceptance of an offer without qualification (Clerwood Para 1). Suppose an offer is made and the client requests for the offer to be varied, then it becomes a counter offer and no contract can be formed unless the offender accepts the new considerations. It is

Business owners and managers familiar with the court litigation system understand that high litigation costs and long delays make it difficult and expensive to resolve business disputes in court. They also understand that most civil cases that go to court are settled before trial. They are solved after spending considerable amount of time and money in the complex pre-trial phase, but just in time to avoid the risk of trial. Mediation and commercial arbitration provide superior solutions that help in resolving business disputes. Mediation puts the parties immediately in control of the situation and helps them get desirable outcomes without expending vast resources on litigation procedures (Berg, Permanent Court of Arbitration. International

Legal Case Study The American Automobile industry has historically been tied to the nations economic cycle in which three or four years were good followed by one or two poor years. In 1977 there were four major U.S. automakers including General Motors, Ford, Chrysler and American Motors. Imports were starting to make their presence in the market because they offered subcompact cars at reasonable prices. Ford started producing the Ford Pinto on August 10, 1970.

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In a letter dated 14/02/2011, the manager (Dave) of Excellent Foods (EF) outlined conditions in writing to the manager (Ben) of Safe Foods (SF) in relation to the purchase of EF. These conditions were that SF must pay the valued amount of EF, which totaled $120,000, $30,000 more than the original amount that SF had been prepared to pay and stipulated during earlier negotiations.

The following paper will offer a critical analysis of the contractual elements within the given case study. Through an application of relevant laws and biblical principles; I will examine the capacity and authority of individuals to facilitate binding contracts, the responsibilities of merchants in the practice of good faith and fair dealing, and the issues of fraud within contracts, implied contracts, promissory estoppel, and biblical dispute resolution. This work will contain three sections. The first, will investigate strategies for continued business with Mr. Petersen. The second, will explore the legal ramifications which may precipitate if I cease doing business with Mr. Petersen; including, damages or remedies which Mr. Petersen may seek and my company’s legal defenses against Mr. Petersen. The third, will examine the effects of the dispute on Mr. Petersen’s future interest in Christianity, while identifying methods of biblical dispute resolution which may resolve and reconcile my relationship with Mr. Petersen.

China has been one of the favourite places for the Foreign Investment for the last 40 years. Many Foreign Investors have made Equity Joint Ventures in China to expand their business. From late 1970s, China granted for the

The aspect of Human Resource Management is considered to be imperative in the process of effective business management and for accomplishment of business goals. Owing to the growing complexities and challenges in the global business sector it has become all the more crucial for the business organization like M&S to strengthen its management system of human assets to ensure the business competencies.

Another element of a contact is acceptance. This is the result of an offer made to the contact by the offeree. An acceptance must not change the terms of an offer. If it does, the offer is rejected. A material change in a proposed contract constitutes a counteroffer, which must be accepted by the other party. In the reading, Jim and Laura did not accept to buy the car however, the made a consideration in getting the by leaving the $100 with the salesman. So the acceptance between Jim, Laura and the salesman is rejected.

b) Ms. Ng decides to immediately order the tea. Mr. Lee however has discovered that he made an error in the list: instead of price per kilogram the offer should have read price per pound. He calls Ms. Ng, but she replies that she has already received the offer and that it cannot be changed. Is that true?