Anderson's Business Law And The Legal Environment 21st Edition David Twomey, Marianne Jennings - Solutions

Explore the comprehensive "Anderson's Business Law And The Legal Environment 21st Edition" with our expertly crafted solutions. Access the online answers key and solutions manual to enhance your understanding. Our solutions pdf offers step-by-step answers to solved problems, perfect for mastering chapter solutions. Dive into the questions and answers with our test bank, providing a detailed instructor manual to guide your study. Whether you're a student or educator, our textbook resources are available for free download, ensuring you have the tools needed to excel in your legal studies.

Clive is a plumber who was asked to replace a boiler in Jane's house and install a new central heating system. This job was to cost 5000 and the payment was due in full on completion. Having completed the job, Clive asked Jane for the payment, but Jane said that she was short of money and would pay
Lyndsey arrived at her business premises to discover that a fire had broken out in the stock room. She called the emergency services and when the fire fighters arrived at the scene Lyndsey told them that the contents of her office were extremely valuable and contained irreplaceable items. As such,
What criteria have been developed by the courts in ascertaining whether the parties to an agreement intended it to be legally binding? In particular, compare the presumptions used in commercial and social arrangements.
How has the introduction of the Contracts (Rights of Third Parties) Act 1999 changed the doctrine of privity? Has the legislation simplified the rights of third parties to enforce contracts and has this significantly increased rights under this jurisdiction of law?
Good consideration is a necessary component of simple contracts. With reference to case law, in what circumstances will part-payment of a debt establish good consideration?
Mortimer wished to sell his antique gold watch. He therefore sent his chauffeur with a note to Randolf offering to sell him the watch for £50,000 and asking Randolf to give his reply to the chauffeur.Being undecided, Randolf did not give his reply to the chauffeur and sent him back to Mortimer.
Harry picks up a frozen chicken marked £1.50 in a self-service shop and tenders it to the cashier, who Says that the price tag is wrong, and that the true price is £2.50.Advise Harry.
James is losing his hair and whilst in the supermarket sees the following advertisement:‘A free hair wig will be given to any person who remains bald after using Samson Hair Restorer every day for one month!’James uses the hair restorer as directed but is still bald at the end of the month.
The 'postal rule' of acceptance was established to provide business certainty when communication across the country was a time-consuming process. How relevant is the rule in the modern era, with the increasing use of instantaneous communications?
At what point does a display in a shop window become an offer to sell rather than an invitation to treat? Compare and contrast the cases of Pharmaceutical Society of Great Britain v Boots Cash Chemists, Fisher v Bell, and Leftkowitz v Great Minneapolis Surplus Stores.
Distinguish between an offer and an invitation to treat. Is the distinction as demonstrated in the case law sufficiently certain to effectively establish the offeror?
Suppose an offer is made that if the offeree completes the London marathon he/she will be rewarded with 100 donated to charity. What would be the position if, when the person who has 'accepted' the offer is running along The Mall towards the finish line, the offeror shouts to him/her that the offer
State Liability was supposed to rid individuals of the problems of lack of Horizontal Direct Effect. Has it done so?
Discuss the implications of Francovich and Another v Italy in relation to State Liability. What other enforcement mechanisms exist? Critically assess the advantages and disadvantages of each.
Remedies for breaches of EU obligations include Direct Effect, Indirect Effect, and State Liability. Explain what each of these terms mean and how they may assist the public in gaining access to their EU law rights.
"The classic doctrine of Parliamentary supremacy is in tatters following the United Kingdom's accession to the European Union." Critically discuss the statement with reference to case law in the United Kingdom.
Describe the obligations on Member States who join the European Union in terms of their law-making powers and references to the European Court of Justice.
Explain the structure of EC institutions, explaining where power lies and stating any changes in structure which might be deemed expedient.
How easy do you think it is for businesses (particularly small/medium-sized enterprises) to be aware of obligations under English law when these are often subject to change?
Can competition laws effectively ensure competition exists in the EU? Is it possible to protect the interests of consumers (on one hand) and also the (smaller and more vulner able) competitors to a dominant undertaking?
How have the developments in the constitution of the United Kingdom assisted in holding the Government to account? What advances would you make to the constitution to improve the control over the State's power?
Do you think tribunals (such as Employment Tribunals) are an adequate forum to ascertain the merits of the specialist disputes they consider? They were introduced to provide an easily accessible, inexpensive, informal, and speedy mechanism for resolving disputes, but have they achieved this? 2.
Do you consider that the Appointments Commission will make the appointment of senior members of the judiciary more transparent and more reflective of society? What was the problem with the previous system of appointment that necessitated this change?
What is the relevance of the House of Lords in the 21st century? Is it an antiquated system harking back to a bygone age or is it a second chamber with expertise, integrity, and intellectual power not proscribed by party political restraints? Justify your answer.
How effective is the Committee Stage in reviewing Bills passing through Parliament? Give specific examples in your answer.
What implications for the study of business law does a discussion of the methods of statutory interpretation have? Which cases have had significance for the development of the approaches?
'Parliament does not govern, but more importantly neither does it fulfil the constitutional promise of accountability implicit in the notion that authority to govern flows through Parliament (Harden, I. and Lewis, N. (1986) The Noble Lie: The British Constitution and the Rule of Law') Critically
Which MPs do you think would be likely to seek out the delegated legislation and review its content? Do you think that such an MP would necessarily have the skills and insight to identify any problems with the Act or be able to critique its full implications following enactment?
What safeguards are present in the Human Rights Act 1998 to effectively balance Parliamentary and judicial powers? In your opinion, are these adequate?
What are the advantages of the UK's constitution being uncodified? Would a written document defining rights and obligations be a positive step in enshrining rights? Justify your answer.
Explain the rule of law' and how it applies in modern society. How are laws such as the various Terrorism Acts reconciled with the doctrine?
Which of the following concepts affect(s) the amount of monetary damages recoverable by the nonbreaching party when a contract is breached? Forseeability of damages Mitigation of damages PACKa. Yes Yesb. Yes No C. No Yesd. No No
Jones, CPA, entered into a signed contract with Foster Corp. to perform accounting and review services. If Jones repudiates the contract prior to the date performance is due to begin, which of the following is not correct?a. Foster could successfully maintain an action for breach of contract after
If Master sues Accur under the liquidated damages provision of the contract, Master will:a. Win, unless the liquidated damage provision is determined to be a penaltyb. Win, because under all circumstances liquidated damages provisions are enforceablec. Lose, because Accur's breach was not
Master Mfg., Inc., contracted with Accur Computer Repair Corp. to maintain Master's computer system. Master's manufacturing process depends on its computer system operating properly at all times. A liquidated damages clause in the contract provided that Accur pay $1,000 to Master for each day that
Which of the following will release all original parties to a contract but will maintain a contractual relationship? Novation Substituted contracta. Yes Yesb. Yes No C. No Yesd. No No
Ordinarily, in an action for breach of a construction contract, the statute of limitations time period would be computed from the date the contract is:a. Negotiatedb. Breachedc. Begund. Signed
Thereafter, Lee fails to perform the contract to paint Karen's house. Karen sues Sally for damages. Is Sally liable?
Assume that Lee agrees to the assignment of the house-painting contract to Karen as stated in question
In negotiations with Andrews for the lease of Kemp's warehouse, Kemp orally agreed to pay one-half of the cost of the utilities. The written lease, later prepared by Kemp's attorney, provided that Andrews pay all of the utilities. Andrews failed to carefully read the lease and signed it. When Kemp
With regard to an agreement for the sale of real estate, the statute of frauds:a. Requires that the entire agreement be in a single writingb. Requires that the purchase price be fair and adequate in relation to the value of the real estatec. Does not require that the agreement be signed by all
Which of the following statements is true with regard to the statute of frauds?a. All contracts involving consideration of more than $500 must be in writing.b. The written contract must be signed by all parties.c. The statute of frauds applies to contracts that can be fully performed within one
Paden and his family moved into the home on July 14, 1997. Paden had the home inspected prior to closing. The report listed four minor repairs needed by the home, the cost of which was less than $500. Although these repairs had not been completed at the time of closing, Paden decided to go through
Paden signed an agreement dated May 28 to purchase the Murrays' home. The Murrays accepted Paden's offer the following day, and the sale closed on June
Decide.
Employees using company e-mail for union organization purposes. [Pratt & Whitney, National Labor Relations Board General Counsel Advisory Memorandum Cases 12-CA-18446, 12-CA-18722, 12-CS-18863 (February 23, 1998)]
Employer monitoring of the e-mails of any employee when those e-mails were stored in a file folder marked "Personal." [Mclaren v Microsoft Corp., 1999 WL 339015 (Tex App-Dallas 1999)]
An e-mail sent to a coworker over a company Internet system in a company in which the employer has promised privacy in e-mail. [Commonwealth v Proetto, 771 A2d 823 (Pa Super Ct 2001)]
An e-mail sent from a laptop while the employee is traveling for the company.
An e-mail sent to co-workers from home using the employee's AOL account.
E-mail sent in a company in which there is no warning given about the lack of privacy in e-mails. [Smyth v Pillsbury, 914 F Supp 97 (ED Pa 1996)]
Discuss whether employees would have the right of privacy in the following e-mail situations:
Using his computer, Professor Bell makes 15 copies (to distribute to his accounting class) of a database in some software he has purchased for his personal research. The creator of this software is claiming copyright. Which of the following is correct?a. This is an infringement of copyright, since
Aries Information Systems, Inc., develops and markets computer software specifically designed to meet the financial accounting and reporting require- ments of such public bodies as school districts and county governments. One of Aries's principal products is the POBAS III accounting program.
The planning commissioner and a real estate developer planned to meet to discuss rezoning certain land that would permit the real estate developer to construct certain buildings not allowed under the then-existing zoning law. A homeowners association claimed it had the right to be present at the
Santa Monica adopted a rent control ordinance authorizing the Rent Control Board to set the amount of rents that could be charged. At a hearing before it, the board determined that McHugh was charging his tenants a rent higher than the maximum allowed. McHugh claimed that the action of the board
The Three Tenors (Luciano Pavarotti, Placido Domingo, and Jose Carreras) made a record of their live performances together once every four years. The first two CDs and videos in the series, made by Time Warner, sold millions, with both becoming two of the highest-volume opera recordings in history.
The major record companies settled an antitrust suit brought by 40 state attorneys general against them for alleged price-fixing in the sale of CDs. The record companies agreed to pay $67.4 million to consumers who purchased CDs during the period from 1995 to 2000. The consent decree stipulated
A Wisconsin statute prohibits “the secret payment or allowance of rebates, refunds, commissions, or unearned discounts” to some customers without allowing them to all customers on the same conditions when such practices injure or tend to injure competition or a competitor. Kolbe generally gave
American Crystal Sugar Co. was one of several refiners of beet sugar in northern California, and it distributed its product in interstate commerce. American Crystal and the other refiners had a monopoly on the seed supply and were the only practical market for the beets. In 1939, all of the
A federal statute prohibited granting federal funds to libraries that did not control access to pornographic Internet sites on library computers so that children did not gain access and were not exposed to such sites as they used the public facilities. The American Library Association challenged
Following a boom in cruise ship construction, the ships are now looking for ports at which they can dock in order to begin voyages, most of which begin in the United States. With so many new ships, the companies are trying to establish connections with cities that are not ordinarily considered
New Hampshire adopted a tax law that in effect taxed the income of nonresidents working in New Hampshire only. Austin, a nonresident who worked in New Hampshire, claimed that the tax law was invalid. Was he correct? Explain. [Austin v New Hampshire, 420 US 656]
The Federal Food Stamp Act provided for the distribution of food stamps to needy households. In 1971, section 3(e) of the statute was amended to define households as limited to groups whose members were all related to each other. This was done because of congressional dislike for the lifestyles of
Ellis was employed by the city of Lakewood. By the terms of his contract, he could be discharged only for cause. After working for six years, he was told that he was going to be discharged because of his inability to generate safety and self-insurance programs, because of his failure to win the
Ollie's Barbecue is a family-owned restaurant in Birmingham, Alabama, specializing in barbecued meats and homemade pies, with a seating capacity of 220 customers. It is located on a state highway 11 blocks from an interstate highway and a somewhat greater distance from railroad and bus stations.
Montana imposed a severance tax on every ton of coal mined within the state. The tax varied depending on the value of the coal and the cost of production. It could be as high as 30 percent of the price at which the coal was sold. Montana mine operators and some out-of-state customers claimed that
Alexis Geier was injured in an accident while driving a 1987 Honda Accord that did not have passive safety restraints. When her Honda Accord was manufactured, the U.S. Department of Transportation required passive safety restraints on some, but not all, vehicles. Geier and her parents filed suit
The Crafts' home was supplied with gas by the city gas company. Because of some misunderstanding, the gas company believed that the Crafts were delinquent in paying their gas bill. The gas company had an informal complaint procedure for discussing such matters, but the Crafts had never been
The University of Wisconsin requires all of its students to pay, as part of their tuition, a student activity fee. Those fees are used to support campus clubs and activities. Some students who objected to the philosophies and activities of some of the student clubs filed suit to have the fees
Alfonso Lopez, Jr., a 12th-grade student at Edison High School in San Antonio, Texas, went to school carrying a concealed .38-caliber handgun and five bullets. School officials, acting on an anonymous tip, confronted Lopez. Lopez admitted that he had the gun. He was arrested and charged with
J.C. Penney, a retail merchandiser, has its principal place of business in Plano, Texas. It operates retail stores in all 50 states, including 10 stores in Massachusetts, and a direct mail catalog business. The catalogs illustrated merchandise available for purchase by mail order. The planning,
Federal law requires most interstate truckers to obtain a permit that reflects compliance with certain federal requirements. The 1965 version of the law authorized states to require proof that a truck operator had such a permit. By 1991, 39 states had demanded such proof, requiring a $10 per truck
Pharmaceutical companies, faced with the uphill battle of getting doctors to take a look at their new products, have created complex systems and programs for enticing doctors to come, sit, and absorb information about the new products. Following is a list of the various type of benefits and gifts
Piper High School in Piper, Kansas, a town located about 20 miles west of Kansas City, experienced national attention because of questions about students and their term papers for a botany class. Christine Pelton, a high school science teacher, had warned students in her sophomore class not to use
Suzy Wetlaufer, editor of the Harvard Business Review, interviewed former General Electric CEO Jack Welch for a piece in the business magazine. In December 2001, she asked that the piece be withdrawn because her objectivity might have been compromised. Those at the magazine did another interview
David A. Vise, a Pulitzer Prize winner and a reporter for the Washington Post, wrote the book The Bureau and the Mole. When the book hit the market, Mr. Vise purchased 20,000 copies via Barnes & Noble.com, taking advantage of both free shipping offered by the publisher and a discounted initial
A new trend is emerging in health insurance: premium increases based on claims. It is common practice in the auto insurance industry, for example, for insurers to revisit your premium each year and adjust it based on factors such as your driving record or number of accidents. However, health
The president and athletic director at the University of California at Los Angeles (UCLA) fired the school's basketball coach because an expense form he had submitted for reimbursement had the names of two students he said had joined him for a recruiting dinner. The students had not been to the
The state of Arizona mandates emissions testing for cars before drivers can obtain updated registrations. The state hires a contractor to conduct the emissions tests in the various emissions-testing facilities around the state. In October 1999, the Arizona attorney general announced the arrest of
Oprah Winfrey named James Frey's autobiographical book, A Million Little Pieces, to her television book club. The impact of the book's inclusion in the Oprah Book Club was the sale of 10 million copies, making it the fastest-selling book in the club's history. The book allegedly addressed Mr.
A new phenomenon for admissions to MBA programs is hiring consultants to help applicants hone their applications. About 20 percent of those who apply to the top MBA programs have hired consultants at a cost of $150 to $200 per hour to help them say and do the right things to be admitted. The total
Adam Smith wrote the following in The Theory of Moral Sentiments: In the practice of the other virtues, our conduct should rather be directed by a certain idea of propriety, by a certain taste for a particular tenor of conduct, than by any regard to a precise maxim or rule; and we should consider
Television network CNBC and other television networks have been working to develop policies for their business correspondents and guests on their business shows because of a practice known as pump-and-dump, the practice of a Wall Street professional or network business correspondent appearing on
Alan Gellen is the facilities manager for the city of Milwaukee and makes all final decisions on purchasing items such as chairs, lights, and other supplies and materials. Alan also makes the final decisions for the award of contracts to food vendors at event sites. Grand Beef Franks has submitted
Fred Sanguine is a New York City produce broker. Ned Santini is a 19-year-old college student who works for Sanguine from 4:00 A.M. until 7:00 A.M. each weekday before he attends classes at Pace University. Fred has instructed Ned on the proper packing of produce as follows: "Look, put the bad and
Ann Elkin, who works for Brill Co., has been sent out to conduct two customer evaluations, which have gone much more quickly than Ann anticipated. Her supervisor does not expect Ann back until after lunch. It is now 10:30 A.M., and Ann would like to run some personal errands and then go to lunch
Marty Mankamyer, the president of the United States Olympic Committee (USOC), resigned in early February 2003 following reports in The Denver Post that indicated she had demanded a commission from a fellow real estate broker in the Colorado Springs area, the home of the USOC, who had sold property
Martha Simms is the plaintiff in a contract suit she has brought against Floral Supply. Inc.. for its failure to deliver the green sponge Martha needed in building the floral designs she sells to exclusive home decorators. Martha had to obtain the sponge from another supplier and was late on seven
What is the difference between the role of a trial court and the role of an appellate court? What functions do they perform, and how do they perform. them?
Winona Ryder was arrested for shoplifting from Saks Fifth Avenue in California. One of the members of the jury panel for her trial was Peter Guber, a Hollywood executive in charge of the production of three films in which Ms. Ryder starred, including Bram Stoker's Dracula, The Age of Innocence, and
Ceasar Wright was a longshoreman in Charleston, South Carolina, and a member of the International Longshoremen's Association (AFL-CIO). Wright used the union hiring hall. The collective bargaining agreement (CBA) of Wright's union provides for arbitration of all grievances. Another clause of the
Mostek Corp., a Texas corporation, made a contract to sell computer-related products to North American Foreign Trading Corp., a New York corporation.North American used its own purchase order form, on which appeared the statement that any dispute arising out of an order would be submitted to
The Nursing Home Pension Fund filed suit against Oracle Corporation alleging that Larry Ellison, the company's CEO, misled investors in 2001 about the true financial condition of the company. During the time of the alleged misrepresentation, Mr. Ellison was working with a biographer on his life
John Watson invested $5,000,000 in SmartRead, Inc., a company that was developing an electronic reading device. Within a few months, the $5,000,000 was spent but SmartRead never developed the reading device. John filed suit against directors of SmartRead for their failure to supervise SmartRead's
Larketta Randolph purchased a mobile home from Better Cents Home Builders, Inc., and financed her purchase through Green Tree Financial Corporation. Ms. Randolph signed a standard form contract that required her to buy Vendor's Single Interest insurance, which protects the seller against the costs
Carolyn, Elwood, and Isabella are involved in a real estate development. The development is a failure, and Carolyn, Elwood, and Isabella want to have their rights determined. They could bring a lawsuit, but they are afraid the case is so complicated that a judge and jury not familiar with the
Ralph Dewey has been charged with a violation of the Electronic Espionage Act, a federal statute that prohibits the transfer, by computer or disk or other electronic means, of a company's proprietary data and information. Ralph is curious. What type of court has jurisdiction? Can you determine
List the steps in a lawsuit. Begin with the filing of the complaint, and explain the points at which there can be a final determination of the parties' rights in the case.
During the 2001 baseball season, San Francisco Giants player Barry Bonds hit 73 home runs, a new record that broke the one set by Mark McGwire in 2000 (72 home runs). FN Be sure to read the text box on p.9 for more background on McGwire's hitting prowess. When Mr. Bonds hit his record- breaking

Showing 2400 - 2500 of 5013

First
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Last

Anderson's Business Law And The Legal Environment 21st Edition David Twomey, Marianne Jennings - Solutions

Step by Step Answers