Business law case study

Document Type:Thesis

Subject Area:Business

Document 1

The seller must make sure that the products are in conformity with the contract, which entails not merely its express terms, but also of the use and practice, terms implied from the nature and purpose of the contract, the concluded circumstances, and non-mandatory rules which apply to the contract when any agreement of the parties is absent. The Act subdivides these into 'warranties' and 'conditions. ' Condition is considered the term that goes directly to the substance of the contract; in other words, its nature is that the other party may find non-performance as a failure of performance according to the contract (Schwenzer, 2005). The terms considered as 'warranty' are the agreements made regarding goods that are the subject of a contract of sale, but at the same time collateral to the primary purpose of the contract.

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Even though warranties have to be performed, they are not considered crucial to the contract in case of failure. With a restrictive covenant, the benefited person acquires the rights of restraining the person providing the contract from placing his or her property to a specified use (Gonda, 2015). A restrictive covenant may be positive or negative in nature. An affirmative agreement cannot force a person to do something with his land, but a contrary contract prevents the person from doing something with the property. At common law, the burned of a convent cannot pass the property. Equity allows negative covenants to pass with the land in case-specific conditions are fulfilled. Duties owed by a Director Directors usually owe a duty specifically to the organization and not its shareholders.

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Given that the responsibilities fiduciary in nature, directors are bound to account to the organization for, any personal benefits made using their position. The fiduciary duty of a director to an organization ceases when they complete a term in office as director. Occasionally, directors also have other commitments of confidentiality owed to a different entity. When such situations arise, the director is expected to seek legal advice in terms of his or her obligation, which includes reporting to other directors the presence of the confidential obligation and not being part based on the issue in question (Hill & McDonnell, 2007). In case dismissal is unfair or resulted from unfair reduction, the Court can make orders, which is considered fit given the circumstance. A plaintiff may be entitled to declaratory relief where employment terms have existed in the contract allowing him to fair procedures before being dismissed.

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An agent’s actual, implied, and apparent authority An agent’s influence can be actual, implied, or apparent. Actual authority is present when the principal gives consent to the agent. Such an authority can be implied. Changing a tenancy in common from a joint tenancy requires one or more other persons since the deed is to be changed to one that names the donees as tenants in common. Both parties have undivided portions of the property. The tenant in common can sell or give away their share, but tenancy in common can only be terminated by petitioning the Court for partition. Computer Misuse The risks of computer misuse for an employer include diverting resources, dissemination of trade secrets, security fraud, directly injuring the company through sabotage or embezzlement are some of the risks.

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Employers run a risk of computer security being hacked from an outsider when an employee discloses sensitive information. Case Discussion Questions Case 1 Doug might have claims against Bill in this situation because they initially shared the property. Since Doug and Bill are joint tenants, they both own the property. If two people are joint tenants, each has an equal right to possession and use. Therefore, in case Dough sued for reasons related to sharing of the property, he might claim his half interest of the fishing boat. However, in case a tenant in common takes the exclusive passion of property, refusing to the other any possession, the latter does not have remedy but action. The Act allows a cause of action for those injured through false advertising.

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The Lanham Act serves the purpose of ensuring truthfulness is established, and it forbids misrepresentation of the product being advertised or the product of the competitor. As such, the Act does not allow the use of false representation in connection with any particular service or good. Most of the cases of actions that the Lanham Act provides is actions under state laws. Even so, under the Lanham Act, a plaintiff is expected to prove that the defendant made false or misleading representation. When such situations arise, the director is expected to seek legal advice in terms of his or her obligation, which includes reporting to other directors the presence of the confidential obligation and not being part based on the issue in question.

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I believe such a bylaw regulating the distribution of light is clear. Courts have a responsibility of developing stable and foreseeable interpretative law. A well-established case law, which meets the conditions of accessibility and foreseeability can sometimes compensate for vague statutory provision. This, however, presupposes that there was any case law at all and that it was issued before the facts of the case to have percentile value. In some instances, the Court has the power, instead fancifully considered 'lifting the corporate veil' to find the person behind the scene who creates the problem. This, however, applies if there is evidence of fraudulent intent, which given Smith's case was not present. In order to safeguard the fundamental principle that an organization is different from its members, the corporate veil is lifted mainly in circumstances that are considered exceptional for the Court.

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Case 5 Specific remedies available to Smith in the patent infringement case includes preventive measures that preserve proof of the infringement, providing seizure of product from the infringer, rules that limit the offender from undertaking specific actions, and damages for suffered loss and lost profits. The patent owner may make claims for both forms of damages. E. , & Dauchy, C. E.  The entrepreneur's guide to business law. Nelson Education.  Unjust Deeds: The Restrictive Covenant Cases and the Making of the Civil Rights Movement. UNC Press Books. Hill, C. A. , & McDonnell, B. Oxford University Press on Demand. Rivers, F. Inequity in equity: the tragedy of tenancy in common for heirs' property owners facing partition in equity.  Temp. Pol. From Employment to Contract: Section 1981 and Antidiscrimination Law for the Independent Contractor Workforce.

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