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(solution) 1. TCO 1) Your company has been sued for product liability and


I need help answering these short answer business law question, there's not a minimum requirement of words, I just need the correct answer.Please see document attached.


1. TCO 1) Your company has been sued for product liability and has a case going to trial next week. In researching some of the applicable cases,

 

you have found some favorable language that interprets the applicable

 

statute. Your supervisor has asked you to write a summary of the

 

circumstances under which the judge should rely on existing case law to

 

determine the intent and purpose of a statute.

 

How do case law and statutory law interact in the American legal process?

 

Does one trump the other or take priority? When there is a statute and

 

case law that apply, does the court have any discretion in how to apply the

 

law to your case? 2. TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state

 

companies doing business in the state than it imposes on in-state

 

companies. The reason behind the legislature?s enactment of this law is to

 

protect the local firms from out-of-state competition because they are

 

losing local business, which is affecting the state?s economy.

 

Is this law legal, or is it a violation of equal protection for a state to impose?

 

What legal standards could the court apply in evaluating the

 

constitutionality of a law and which would apply in this instance? Explain. 3. (TCO 3) The Smith family was traveling on their summer vacation from Massachusetts to Wyoming. Along the way, the family was involved in an

 

accident when they proceeded to drive through an intersection; they had

 

the green light. At that same moment, the Jones family plowed through the

 

opposite red light, hitting the Smith?s car, causing major damage to the car

 

and injuries to Mr. and Mrs. Smith, who were in the front seat. Mr. Smith,

 

being a cautious driver, believes that he can sue Mr. Jones under the

 

theory of negligence.

 

Is Mr. Smith correct? Where could he sue Mr. Jones; would he file a claim

 

in federal or state court? Explain your answer using facts in the scenario

 

and the elements of jurisdiction to demonstrate your position in favor of Mr.

 

Smith as the plaintiff or Mr. Jones as the defendant as to where a claim

 

should be brought and the factors the court will consider in determining the

 

appropriate jurisdiction for a claim. 4. TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea?s desired

 

price. When Andrea later delivers the car to Sandy, Sandy returns the car,

 

claiming she does not want the car and that they did not have a contract,

 

so she is not bound to keep the car. Andrea, however, claims they do have

 

a contract and wants to enforce said contract for the price of the car. What

 

standard would the court use to determine whether there is a contract

 

between the parties for the sale of the car? (Points : 20) 5. (TCO 5) What is the Uniform Commercial Code (UCC)? What transactions are covered by the UCC? Provide two original examples of

 

transactions that would be covered by the UCC in a business context.

 

6. TCO 6) Explain the function and purpose of an administrative agency. At what level of government do we find agencies, and how and by whom or

 

what are they empowered to do what they do?

 

7 (TCO 7) Smart Corporation began marketing phone in 2002 under the mark ?Smart.? In 2008, Smart.com, Inc., a different company selling

 

different products, such as school supplies and the like, begins using

 

?smart? as part of its website URL and registers ?sMART? as its domain

 

name. Can Smart Corporation stop this use of ?sMART?? If so, what must

 

the company show? Use the scenario given to explain your answer in this

 

context.

 

8. TCO 8) What are the four principal types of Electronic Fund Transfer (EFT) systems today? Distinguish between the four types of electronic

 

funds transfer systems used by banks. When is an electronic transaction

 

binding under the Uniform Electronic Transactions Act? Using a real-life

 

example, distinguish the liability of the bank, the customer, and the payee

 

in an electronic transfer of funds situation.

 

9 (TCO 9) Agency law plays a big part in corporate responsibility (and liability). Differentiate between an employee and an independent

 

contractor. What is the difference and what are the key factors that must be

 

considered in determining one?s status as an employee or independent

 

contractor? Once status is determined, what affect will it have on the

 

responsibilities of the agent? The principal? Is one status better than

 

another? Why? Explain your answers using a representative example involving a principal, an agent, and a situation that would call the agent?s

 

status into question.

 

(TCO 10) Tim and Tom are twins. They live and work near the beach and

 

are also partners in TnT, Inc., a bicycle messenger service. When

 

deliveries are few, especially in the summer, Tom without telling Tim, rents

 

the extra bicycles to tourists who want to explore the resort area. Because

 

the bicycles aren?t being used for deliveries, is it acceptable for Tom to

 

keep the proceeds he receives from renting leasing the unused bicycles?

 

Explain your answer based on the facts in the scenario in the context of

 

partnership law.

 


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