Oral Employment Contract with Company

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Oral Employment Contract with  Company

Case Study 1

Lamar Smunt, eccentric millionaire, sends Casimir Roginsky, famous portrait artist, a letter offering to pay Roginsky $500,000 to do a portrait of Smunt’s mother. Roginsky sends back a letter that says: “I’ve had the misfortune of seeing your mother and would need $750,000 before my artistic sensibilities would allow me to undertake such a harrowing project.” Three hours later, after reflecting upon the sad state of his finances, Roginsky telephones Smunt and says: “I’d be delighted to paint your lovely mother. Destroy my letter without reading it. It was sent by mistake.” Smunt disregards Roginsky’s instructions and reads Roginsky’s letter when it arrives. He becomes enraged at the insult to his mother and refuses to allow Roginsky to do her portrait. Roginsky files a breach of contract suit against Smunt.

Discuss Roginsky’s chances of success. Consider the following topics:

  • Offer and acceptance
  • When can an offer be accepted?
  • When can an offer be revoked?
  • The mailbox rule
  • Traditional acceptance under the rule and a more modern view under the Uniform Commercial Code (UCC) and the Restatement
Case Study 2

Wombat entered into an oral employment contract with Tony’s Toy Company. Tony’s has orally agreed to hire Wombat for 3 years as a district manager. Wombat quit his job, sold his house, and moved his wife and five children to another state in order to start the new job. One month later, Tony’s informed Wombat that things weren’t working out and that his job was terminated.

  • Is this contract enforceable under the Statute of Frauds? Remember to carefully read the Statute of Frauds as it specifically relates to oral contracts.
  • Is it enforceable under any other theory under which Wombat may recover damages from Tony’s Toy Company?
  • Are there ethical considerations that apply to this case?

Ethics Employment Law Type of Employment

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 Ethics Employment Law Type of Employment

 

Scenario:

Your work as a contract employee for a U.S. based company that develops gaming software. Having been there for years, and going into the office five days a week for usually more than forty hours a week, you were inspired by the various projects you have worked on and in your spare time, using company equipment, you work on your own side project – an app that would give gamers an edge. You know that your company’s business partners would be very enthusiastic about this new product, and you would probably make a great profit; in fact, you might be able to retire! You decide to reach out to these business relationships to see who might have interest.

Instructions:

  • Review the situation and conduct scholarly research on employment law. Upon review of the given business situation, create an infographic that evaluates employment law utilizing both federal and state regulations (students should use their own state of residence regulations for the project).
    • Address the following:
      1. Distinguish between full-time, part-time, at-will, and contract employment statuses, and state which status reflects your employment position in this company.
      2. What federal, state and international laws explain the rights, responsibilities and protections of employees and employers in the employment relationship?
      3. What are the property rights of employees and employers for inventions as provided in federal intellectual property laws?
  • Use at least three credible sources. These should be cited and in APA format.

Resources

       business writing, please visit Business writing

Evaluate employment law at the state and federal levels.

Grading Rubric

F F C B A
0 1 2 3 4
Did not Submit No Pass Competence Proficiency Mastery
Not Submitted Used unclear verbiage about full-time, part-time, at-will, and contract employment statuses, and stated which status reflects your employment position in this company (using the student’s state of residence regulations). Adequately distinguished between full-time, part-time, at-will, and contract employment statuses, and stated which status reflects your employment position in this company in the infographic (using the student’s state of residence regulations). Clearly distinguished between full-time, part-time, at-will, and contract employment statuses, and stated which status reflects your employment position in this company in the infographic (using the student’s state of residence regulations). Comprehensively distinguished between full-time, part-time, at-will, and contract employment statuses, and stated which status reflects your employment position in this company in the well-crafted infographic (using the student’s state of residence regulations).
Not Submitted Used unclear verbiage about federal, state (using the student’s state of residence regulations) and international laws that explain the rights, responsibilities and protections of employees and employers in the employment relationship.

Evaluate employment law at the state and federal levels.

Adequately identified federal, state (using the student’s state of residence regulations) and international laws that explain the rights, responsibilities and protections of employees and employers in the employment relationship in the infographic.

 Clearly identified federal, state (using the student’s state of residence regulations) and international laws that explain the rights, responsibilities and protections of employees and employers in the employment relationship in the infographic. Comprehensively identified federal, state (using the student’s state of residence regulations) and international laws that explain the rights, responsibilities and protections of employees and employers in the employment relationship in the well-crafted infographic.
Not Submitted Used unclear verbiage about the property rights of employees and employers for inventions as provided in federal intellectual property laws. Adequately identified the property rights of employees and employers for inventions as provided in federal intellectual property laws in the infographic. Clearly identified the property rights of employees and employers for inventions as provided in federal intellectual property laws in the infographic. Comprehensively identified the property rights of employees and employers for inventions as provided in federal intellectual property laws in the well-crafted infographic.
Not Submitted Failed to use or attribute credible sources in the infographic. Used and attributed some credible sources in the infographic. “

Negotiation Intellectual Property E Commerce

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Negotiation Intellectual Property E Commerce

Your Invention

Woman standing with crossed arms.You have informed Sally that you will be performing research on the laws that regulate direct payment systems this week. It is a hot topic related to the invention that she has been developing. Here is the paper that deals with this: E-Commerce Payment Mechanisms (DOCX) this week on a hot topic related to your invention that you have been developing. You have created a device that will be placed on restaurant tables, replacing paper menus and waiters.

The device includes streaming channels highlighting the daily Menu. The Menu displays daily choices and projects visual representations of how the selections are prepared and cooked. The device is voice interactive, and you can order your meals and suggest options or additions to the items. The display covers a 360-degree view of your table and has recording and upload and download capabilities that record your table party activity for customers’ future pleasure and enjoyment. You can upload the interactive video to your mobile device or the Cloud. You can upload the event to the Restaurant’s “MealTime” website and shared it with friends and family subscribers. The device also contains a payment system that allows customers to order and pay at the table with a customer’s mobile device.

HR background searches and personality traits of prospective employee hires

The device will also enable customers at home or in transit to order and pay for takeout or schedule a delivery or pickup. Your invention also contains an algorithm design that integrates HR background searches and personality traits of prospective employee hires. The algorithm measures the compatibility of potential future hires against critical Human Resource initiatives and measurements. The algorithm has a high rate of eliminating applicants that potentially do not fit into your organization. Sally asks that you let her know if your research finds any laws that control the use of the device’s payment system, wanting to make sure the application is legal.

Read the following: Pros and Cons of Touch Screen Ordering (Buzztime). (Links to an external site.)

Your Assignment

This assignment has 2 parts. Please put both steps on the same document.

Part 1

  1. Using a Pros and Cons Chart, list the various E-Commerce Payment regulations that apply to the Devices payment system using information directed at the utilization of the invention in the Restaurant operations. In your review, determine what laws apply to all aspects of the potential use of the Device and the impact it may have on the business. You will upload this chart.

Part 2

1. Complete the following:

    1. Go to: US Patent and Trademark Office (USPTO (Links to an external site.)) website.
    2. Click on the “PATENTS” pull-down menu,
    3. Click on “Patent Process Overview”

2. From the information gathered in Step 1 complete the following:

  • Define what a Patent is,
  • List the types of Patents available and choose the category your invention falls in.

3. Go to the Patent FAQ page (USPTO) (Links to an external site.)find the answers to the following questions.

  • Who can apply for a patent?
  • What can and cannot be patented?
  • How do I know if my invention is patentable? does patent protection last?
  • How much does it cost to get a patent?

4. Add these questions and your document.

Save your documents using a naming convention that includes your first and last name and the activity number (6.2). Do not add punctuation or special characters.

Law & Legal Environment Comprehensive

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 Law & Legal Environment Comprehensive

1.consumer credit— a problem Bud is unable to obtain a loan from a local bank without some form of additional assurance for the bank that the loan will be repaid. Bud comes to you for assistance. You are willing to help Bud, but you wish to protect yourself from liability as much as possible. Would the bank prefer a surety or guaranty? If your oral assurances are enough to solidify the loan, has a surety or guaranty been formed? about 100 words

2.consumer credit–FTC The free market concept of business has driven the US economy for decades. “Caveat emptor” has been the tradition of business until fairly recent times. Now some would say that with government regulation of consumer transactions, the correct motto is “caveat venditor“! Should the Federal Trade Commission take a hands-off approach to regulating deceptive advertising? Should consumers be responsible for verifying the claims in advertisements? Why or why not? In what circumstances might regulation be most appropriate? about 100 words

New York Dram Shop Law

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New York Dram Shop Law

You need to know the following NYS definition of Dram Shop Law for this question:

New York dram shop law is found in section 11-101 of the New York General Obligations law. Under this law, it is illegal for businesses to serve alcohol to persons who are visibly intoxicated. The definition of “visibly intoxicated” is left largely to the discretion of the employee who serves the alcohol. Tell-tale signs of visible intoxication may include slurred speech, bloodshot eyes, and lack of physical coordination.

New York is unique in that patrons themselves may not sue the business establishment. Instead, the bar or tavern may be held liable for damages caused to third parties who were injured by the patrons of the bar who were served alcohol. For example, if a bar serves a person alcohol, then that person drives away and injures another person in a car accident, the people injured may sue the bar for contributions.

In order for the drinking establishment to be held liable, the plaintiff must prove:

  • The person who injured them was intoxicated
  • The defendant (the bar or tavern) sold or provided liquor to the intoxicated person
  • The defendant also caused or contributed to the person’s subsequent intoxication

complaints of underage drinking

http://ypdcrime.com/vt/article31.htm#t1194

The ACME Police Department, having complaints of underage drinking at the ACME Bar & Grill, enter without a warrant and conduct an Alcoholic Beverage Control Act underage drinking check. Officers find Wile E. Coyote, Jr., age 18, at the bar and visibly drinking a beer. On approach they ask for his identification and he presents them with a fake ID card. He is removed from the bar and charged with violations of underage drinking and forged identification, as the ID card looked nothing like him. Further, the bartender is told to step outside to the patrol car where he is arrested for Prohibited Sale of Alcoholic Beverage to a Minor and the Penal Law charge of Unlawfully Dealing with a Child.

Forms were filed with NYS to have the business’s license to sell alcoholic beverages suspended or revoked. Both the bartender, the bar owner and Coyote plead Not Guilty to the charges. Coyote states that he was not read his Miranda Warnings when arrested and that it was an unlawful search by the police, as they do not have the right to check for identification. The bartender also claims that the police had no right entering the establishment unannounced, and that he, too, was never read his warnings. Further, there was no proof that he ever served the beer to the minor. Lastly, the bar owner said that the license punishment should be negated, as Coyote showed valid NYS identification to the bartender, even though it was not his. He claims the bartender is not required to secure multiple proofs of identification.

license to sell alcoholic beverages

Hint – check both Sections 65 of the NYS Alcoholic Beverage Control Act

https://www.nysenate.gov/legislation/laws/ABC/65-C

https://www.nysenate.gov/legislation/laws/ABC/65

Complete the following to engage in the discussion process

Questions:

  1. Were the actions of the police entering the bar legal?
  2. Was this an illegal search by the police when asking for identification from Coyote, as there was no proof of a crime having been committed at that time?
  3. Were the police required to read Miranda Rights to Coyote?
  4. Were the police required to read Miranda Rights to the bartender?
  5. Do the police have sufficient probable cause to file for the revocation of the bar license?

6.. Create one question to pose to the class regarding this case.

Legal Hypotheticals Elon vs Space X Case

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Legal Hypotheticals Elon vs Space X Case

Directions

Apply IRAC to the following two legal hypotheticals. Each question if worth 20 points. Make sure to read the facts carefully before you begin your answer.. Identify your plaintiffs and defendants. Toss out any distractions or “red herrings.” Think about legal theories that may apply and be sure to organize and list all elements of the causes of action.

For a quick refresher on IRAC format:

I – Identify the Issue and frame it as a question.

R – The Rule describes which law or legal theory applies to the issue.

A – The Analysis is the most important section, and generally the longest part of your answer. It involves applying the Rule of Law to the facts of the problem or question.

C – The Conclusion is your answer to the Issue; or the result of the analysis.

For more information about how to use IRAC use your text or refer to the resources below. Do not worry if it is not perfect – try your best!

Make sure to upload your completed written responses (please use a WORD doc or docx) by Tuesday, February 23.

IRAC Resources:

Example Outline of an IRAC (Links to an external site.)

Helpful Hints for Writing a Better IRAC (Links to an external site.)

Use IRAC to answer the following 2 hypothetical legal questions

HYPO #1. SpaceZ is a new venture created to send paying clients on a trip of a lifetime to the moon aboard its spaceship, the Hawk9. This spaceship is equipped with a vehicle escape system using parachutes to allow passengers to return safely to the ground should a malfunction occur during the spaceship’s ascent. This system is widely used and listed in the Rocket Industry Standards Manual as being “sufficient to provide adequate safeguards.” Recently, a new system has become available that uses rockets to navigate the escape capsule back to the ground much more safely. However, this new system is also much more expensive than the parachute system and has not been tested in real-life situations.

space exploration

SpaceZ decided to stick with its tried-and-true parachute system. Elon, who wanted an adventure, decided to purchase this trip from SpaceZ. He signed a contract containing this statement: “Although SpaceZ has taken all reasonable measures to provide a safe voyage, I understand that space exploration is dangerous.” On the day of the liftoff, the weather was beautiful and all systems were working as designed. But shortly after takeoff, a totally unpredictable violent storm arose, blowing the Hawk9 off course.

There was no way to correct for the deviation, so SpaceZ activated the escape system, which deployed as designed. Unfortunately, the storm caused the escape capsule to crash to the ground. Elon was critically injured, but survived. Investigations after the accident indicated that the new rocket escape system might have led to a better outcome. What tort cause(s) of action may Elon reasonably bring against SpaceZ, What defense(s), if any, does SpaceZ have? (20 points)

r teammates to lock arms during the national anthem

HYPO #2. The College of Marin Mariners Beach Volleyball Captain, Ariel, convinces her teammates to lock arms during the national anthem at their home opener game against Solano College. As the Star-Spangled Banner plays, all of the players stand arm in arm in the sand court by the net.

Two of Ariel’s teammates, Bella and Cara proceed to kneel during the anthem, and the assistant coach Eloise places her hands gently on their shoulders. Expert Mariner team setter, Dawn suddenly takes a small flag from her jacket pocket and sets it on fire and energetically pumps her left fist. The fans have mixed responses of boos and cheers and then the game begins. The Mariners win handily. The next day, Ariel, Bella, Cara and Dawn are called in by Robert Downer, Director of Athletics and learn that they have been kicked off the beach volleyball team and suspended from college. What constitutional rights, if any, can the players assert against COM? Would it make any difference if they attended a private college instead of a public college? (20 points)

Terms of Structures in the Courts

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Terms of Structures in the Courts

Please answer the questions posed at the end of each case study in essay form. Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.

Case Study 1

Parks, a 7-foot, 265-pound center for the San Diego Slick, objected when his contract was assigned from the ABC Corporation to the XYZ Corporation, the team’s new owner. The change of owners did not cause a change in the composition of the team although a new coach was hired. Parks’s compensation and his responsibilities remained the same.

  • Was this contract assignable?
Case Study 2

Andy owes Bill a debt. Bill assigns the debt to Carl for $200, but Carl fails to give notice of the assignment to Andy. Andy pays the debt to Bill.

Consider the following when preparing this essay:

  • Is Andy still liable to Carl?
  • Does Carl have any rights against Bill?

Labor Laws Overtime Wages

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10th Justice; Employee Arbitration Agreements

Employment laws impact everyone, regardless if you are actively employed or not. As employers continue to control costs associated with claims from employees, employers have commonly turned to arbitration agreements. These agreements normally require employees to waive any right or protection afforded by joining a class action and instead forces each individual employee to take the claims before an individual arbitration. In 2018, the Supreme Court of the United States (SCOTUS) decided in Epic Systems Corp. v. Lewis by a narrow margin of 5-4 that employers could enforce these arbitration agreements.

In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?

This link should provide you with details on the case: https://www.oyez.org/cases/2017/16-285

Click on the left hand side under “Opinions” for full details.

Your paper should be 400-500 words.

Protecting Intellectual Property

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75-150 words each discussion question

1. Intellectual Property is the life blood of many corporations and organizations. Without the protections afforded by the U.S. legal systems, organizations may never invest in research and development. Currently, patents provide inventors up to 20 years of protection and copyrights can vary in year of protection, but is most commonly protected for the life of the creator plus 70 years or more. However, many other countries do not provide a similar level of protection afforded to intellectual property and in fact may not enforce protections at all.

Discuss what you believe is the best way for an organization to protect its intellectual property in a global economy.

2. Unfortunately, employment discrimination can still be found in all industries across the country. The Civil Rights Act of 1964 defined protected classes of people aiming to reduce discrimination by holding employer’s responsible. Under Title VII of the Act, an individual’s race, color, religion, sex, or national origin is considered a protected class. Age and pregnancy have also been federally recognized protected classes by subsequent legislation.

discrimination in the workplace

Discuss if you believe these protected classes go far enough to prevent discrimination in the workplace. Would you add any additional classes of people, if so who and why? Lastly, have you ever experienced any form of discrimination in your employment? If so, how did you resolve the situation?

3. Eminent domain is a hotly contested topic in the United States. Typically, opponents see it as an unjust taking by the government, and supporters state it is needed to serve the public interest. This week, research a recent example of Eminent Domain cases or issues, and discuss the merits and implications.

Additionally, border walls and the construction of such walls is a highly polarized issue right now. Regardless of its merit, the topic does bring up an interesting legal question when using eminent domain. Discuss if you believe, based on the law, using eminent domain is allowable for the construction of border walls.

the rights and duties of landlords and tenants

Lastly, have you or anyone in your family ever experienced an eminent domain taking at the local, state or federal level? If so, what was the outcome?

4.This week’s material discusses some of the rights and duties of landlords and tenants.

  • Do you think the law does enough to protect tenants from landlords? What about protecting landlord from tenants?
  • What laws are there protecting tenants (or landlords) in your state?

5. Every organization is formed into an entity of some sort, and is usually done to protect individuals from liabilities connected with business operations. If you were starting your own business, which entity formation would you use–sole proprietorship, partnership, LLC, or corporation? Why? Which entity formation would you never use? Why?

6. Contracts are the backbone of every business. Most are in writing but even those that are oral are just as important. Contracts are the tools that enforce promises between all parties included. However, there are formal requirements that must be fulfilled for a contract to be considered enforceable. Typically an offer, acceptance, consideration, legality and capacity are required. Do you believe contracts should require fewer formalities to be enforceable? Lastly, have you ever experienced a breach of a contract? How did you handle the consequences from the breach?

 

Coca Cola Business Law

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Coca Cola Business Law

The Final Project will consist of a short research report consisting of no less than 5 pages (single spaced) and no more than 8 pages (double spaced), and a bibliography (a list of sources your group consulted in connection with the project).

2. Select a Business Firm (250 words min.)

If you could work for any business firm in the United States or in the whole world, what company you would like to work for after you graduate from college. Explain why you would like to work for this company. By way of example, here is a list of Fortune 100 firms: https://fortune.com/fortune500/2019/search/ (Links to an external site.).

3. Existing or Pending Legislation (250 words min.)

  • What is the single-most important law (State, federal, or international) that applies to your business firm? (Put another way, what is the one law that your company has to worry about the most?)
  • What lobbying efforts at the local, State, or federal level is your business firm currently engaged in? (Put differently, what law would the CEO or owner of your business firm like to see enacted in the short or long term?)

4. Litigation Risk (250 words min.)

  • What is the single-most important lawsuit (past, present, or future) that could affect the future of your firm?
  • Is the business firm the plaintiff or the defendant in this case?
  • In your opinion, is this case more likely to settle out of court or go to trial?

5. Contracts (250 words min.)

  • What is the firm’s most important contract or contractual relationship?
  • Who is the other party to the contract, and when was the contract made?
  • What problem is the contract designed to solve?

most-valuable piece of intellectual property

6. Intellectual Property (250 words min.)

  • What is the firm’s single most-valuable piece of intellectual property? Specifically, is it a trade secret, a patent, a copyright, or a trademark?
  • When did the firm acquire the legal rights to this intellectual property?
  • How did the firm acquire the legal rights to this intellectual property, i.e. did it create the IP “in house” or did it acquire the rights to the IP from another firm?

7. Pandemic or “Black Lives Matter” Protests (250 words min.)

  • Legally speaking, how has the coronavirus pandemic or the Black Lives Matters movement affected the firm?
  • How has the firm reacted to the pandemic or to the Black Lives Matters movement?

8. Bibliography

Lastly, be sure to include links or references to any outside sources you may have consulted in preparing the report, such as newspaper and magazine articles, Wikipedia, YouTube, and any other Internet sources.