Turnitin Instructionsbus3055 Individual 5 Assign

Legal and Ethical Scenarios

Select two of the three scenarios. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenario text into the paper. Label the beginning of each scenario with the number you selected (e.g., Scenario 1). Cite your sources in APA format on a separate page. Submit your document to the Submissions Area by the due date assigned.

Scenario 1:Securities

In 2012, after working at First National Bank for six years, Billy Bryant helped establish Breakstone Capital Corporation (BCC), a venture capital firm that invested in the communications and technology sectors. BCC went public in 2014, and Bryant served as its CEO and chairman of the board. Various documents filed with the SEC stated that Bryant earned a BBA degree in accounting from Northwest University. In fact, Bryant attended Northwest for four years, but he did not graduate. After being pressured by a journalist, Bryant disclosed the misrepresentation to the BCC board. The same day, the company issued a press release correcting the statement.

The press responded negatively to “another CEO that lied about his resume” and speculated about “what else might not be right.” On the day the press release was issued, BCC’s stock price dropped from $32.45 per share to $16.22, but it fully recovered within a month.

Shareholders sued, alleging that the misrepresentation violated section 11 of the Securities Act of 1933, section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 under the 1934 Act.

• Was Bryant’s lie about having a college degree material?
• Would your answer be the same if a CEO lied about having helped to take a company through an initial public offering and subsequent acquisition by another company?
• Would a reasonable member of the BCC board be comfortable keeping Bryant as CEO once they learned that he lied about having a college degree?

Scenario 2: Securities

Pampered Pooches, Inc. proposes a merger with Sit Means Sit, Inc. (SMS). SMS will obtain the approval of its shareholders; and then, by operation of law, SMS shares will become shares of the surviving corporation, Pampered Pooches, Inc.

Assume that prior to the merger Paulie Smith owned 25% of SMS stock that he purchased three years before in a private placement. Smith will only own 2% of the Pampered Pooches shares and will not be an officer or director of the merged company.

• Is it necessary to register the Pampered Pooches shares?
• May Smith freely resell his Pampered Pooches shares?
• Would it matter whether the shares were registered in connection with the merger?

Scenario 3: Shareholder Rights

Katy Kirkland, a former employee of the Sand Dune Resorts, Inc., owned 500 shares of stock (10%) in the company. Kirkland was terminated after five years of employment at Sand Dunes; however, she became part owner of Holiday Isles, Inc., a competitor of Sand Dunes. When Sand Dunes made Kirkland an offer to purchase her stocks, she requested access to Sand Dunes’ corporate books to determine the value of her 500 shares of stock. Sand Dunes refused on the basis that Kirkland was a competitor.

• Does Kirkland have a right to view the books? Why or why not?
• Propose a solution to the situation.

Submission Details:

• Name your document SU_BUS30555_W1_LastName_FirstInitial.doc.
• Submit your document to the Submissions Area by the due date assigned.

Legal and Ethical Scenarios

Select two of the scenarios. Support your responses with appropriate cases, laws, and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenario text into the paper. Label the beginning of each scenario with the number you selected (e.g., Scenario 1). Cite your sources in APA format on a separate page. Submit your document to the Submissions Area by the due date assigned.

Scenario 1 – Contracts

Greg, a consumer in Tennessee, sent a purchase order to Campbell Manufacturing, a U.S. company, for a 4000 PSI gas pressure washer valued at $1275. Greg needed a new pressure washer for his part time business of washing houses. The order did not specify how disputes between the parties would be settled. Campbell returned a definite, unconditional acceptance that contained one additional term which stated that disputes must be submitted to arbitration. Greg received the acceptance; however, he never agreed or objected to the additional term.

Campbell orally contracted to sell 15 pressure washers to London Painting Company a large commercial painting company in France.

• Explain the status of the contract between Greg and Campbell.
• If a contract was formed, did the additional term in the acceptance become part of the contract?
• Is the contract between Campbell and London legally enforceable? (Additional research outside of the textbook may be necessary).

Scenario 2 – Management of Corporations

Parker and Phillips incorporated P & P Resorts Inc., a closely held Texas corporation. Parker was president and Phillips served as vice president and director for operations. Parker owned 40% of the stock, while Phillips owned 60%. Both men met with CTA, a group of travel agents from California to discuss special deals for booking groups into the resorts. After the first meeting, all contracts with CTA were made by Phillips, who learned that there was a good chance that CTA would award the contract to P&P Resorts. Phillips incorporated Travel Brokers and was its sole owner. Phillips used P& P Resort’s time to work on proposals for Travel Brokers and managed to keep negotiations with CTA a secret from Parker. When Parker discovered Phillip’s actions, he filed suit against him for wrongfully taking a corporate opportunity from P &P Resorts. Phillips claimed that he did not take a corporate opportunity because Travel Brokers did not have the financial ability to undertake the contract with CTA.

• Provide the arguments for Parker and Phillips.
• Determine which party should win and provide support for your selection.
• Explain any ethical principles applicable to this case.

Scenario 3 – Product Liability

Allan was not a licensed plumber, but often installed hot water heaters as part of his job as a handyman. Allan installed a new hot water heater manufactured by Bradford Inc. for Karla, a single mother with two children. Warnings were provided in large bold letters on a metal plate on the water heater. Similar warnings were provided in the manual Allan provided to Karla at the time of installation. The warning on the water heater read “CAUTION: HOT WATER CAN SCALD.” The heater itself contained a picture of hot water coming from a faucet with the words “DANGER” printed above it. In addition, the following statement was printed on the water heater.

Warning! Water temperature over 120°F can cause severe burns. Children, elderly persons, and the disabled are at higher risk of being scalded. Test water temperature before bathing or showering. Temperature limiting valves are available, see manual.

Allan set the temperature to 105°F. The next day, 3-year-old Simon was being bathed by his 12-year-old sister, Linda. When Linda received a text on her cell phone, she left Simon alone in the bathtub with the water running. Simon was scalded by the water from the tap. Simon’s mother brought suit against Allan and Bradford Inc. alleging defects in the design of the water heater and Allan’s failure to warn her about the heater’s dangers.

• Provide arguments that Allan, Bradford and Linda will introduce in court.
• Determine which party should win and support your answer.

Submission Details:

• Name your document SU_BUS30555_W2_LastName_FirstInitial.doc.
• Submit your document to the Submissions Area by the due date assigned.

BUS3055 Individual Project Instructions

To make the course engaging for each student, you will select a legal topic to research in Week 3. A list of potential topics is linked to this assignment. Although you are not required to select the exact topics listed, you should select something closely related. Try to select a topic that reflects an issue that is related to a concern you have in your professional life. If your topic is not on the list, contact your instructor for approval.

With the exception of the introduction, you must use the headings that are explained below and the information must be presented in that same order.

Introduction

Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. Use more than one paragraph, if needed.

Note: Do not use the term Introduction for the heading, as APA does not use that term. See APA materials in the Library Research Guide.

Article Review

Locate two scholarly articles related to your topic. Summarize the articles in your own words and explain how each is related to your topic. Do not use court cases in this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Westlaw Campus Research is a good option for finding legal information in law journals.

Laws and Regulations

Research and analyze one law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic.

Cases

Locate one published case (lawsuit) that is related to the topic you selected. Summarize the case in your own words and explain how it is related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the court’s decision. Westlaw Campus Research is a great resource for finding specific state and federal cases. The following sources may also be helpful. You must read the case and not a summary of the case from a blog or other article.

FindLaw – Caselaw.findlaw.com

Justia

Public Library of Law

Leagle
Open Jurist

Google Scholar Video for Finding Cases

Summary

• Summarize what you have learned. Assess and communicate what you believe the future holds as it relates to your topic.
• If applicable, discuss how you might apply what your learned to your personal or professional life.

Submission Details:

• Write a 5 to 7 page paper about the topic using the guidelines provided. The cover page and reference page do not count as pages.
• Use APA format for the paper. Review the APA materials located in the Library Research Guide.
• Name your document SU_BUS3055_W3_LastName_FirstInitial.doc
• Submit your document to the Submissions Area by the due date assigned.

Legal and Ethical Scenarios

Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments and recommendations using case law and scholarly sources. Do not copy the case studies into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.

Scenario 1—Bankruptcy

Katrina, a risk manager for State Farm Insurance, filed a petition in bankruptcy under Chapter 7, seeking to discharge $55,000 in credit-card debts and $35,000 in student loans. Katrina’s husband died and left her with two children, Paula, who attended college, and Dean, who was fifteen years old. According to Katrina, Dean was an “elite” runner who practiced ten to fifteen hours a week and placed first or second at more than forty competitive events. Dean was homeschooled with academic achievements that were average for his grade level. Katrina’s petition showed monthly income of $5,400 and expenses of $5,100. The expenses included annual homeschool costs of $6,200 and annual running expenses of $7,500. The expenses did not include college costs for Paula, or airfare for her upcoming summer trip to Italy, and other items. The trustee allowed monthly expenses of $4,400, with nothing allocated for running expense and asked the court to dismiss the petition.

• If Katrina qualified for Chapter 7, which debts would be discharged? Which debts would not be discharged? Why?
• Using the median income from your state, does Katrina qualify for Chapter 7? Remember to count the number of people in the household.
• Should the court grant the trustee’s request? Does Katrina have other options if the Chapter 7 petition is dismissed?
• Explain your answers and support them with relevant scholarly sources.

Scenario II – Insurance

Juanita owns a home in Birmingham, Alabama. Her elderly grandmother lives in the house so Juanita can help take care of her. Juanita decides to purchase a fire insurance policy from Allstate to cover the house and a life insurance policy from Liberty Mutual to cover funeral and other expenses that will be incurred when her grandmother dies. Six months later, Juanita sells the house to Ben. Juanita and her grandmother move into a rental home. One month prior to the expiration of the fire insurance, Juanita’s old house burns to the ground. Shortly after, her grandmother dies. The insurance companies state that they are not liable because Juanita did not have an insurable interest in the home or her grandmother. The premiums were returned to Juanita.

• Discuss the claims for all parties (Juanita, Allstate and Liberty).

Scenario III— Bankruptcy

Locate one of the following scholarly articles about bankruptcy in the SUO Online Library. Summarize the article in your own words. Identify and discuss the most important aspect of the article, as well as any ethical issues.

Adkisson, R. V., & Saucedo, E. (2012). Emulation and state-by-state variations in bankruptcy rates.The Journal of Socio-Economics, 41(4), 400. doi:10.1016/j.socec.2012.04.008

Boettcher, J., Cavanagh, G., & Xu, M. (2014). Ethical Issues that arise in Bankruptcy. Business & Society Review (00453609), 119(4), 473-496. doi:10.1111/basr.12042

Crack, T. F., & Roberts, H. (2015). Credit cards, excess debt, and the time value of money: The parable of the debt banana. Journal of Financial Education, 41(1), 117-137.

Grote, K. R., & Matheson, V. A. (2014). The impact of state lotteries and casinos on state bankruptcy filings. Growth & Change, 45(1), 121-135. doi:10.1111/grow.12030

Joseph, M. B. (2016). Consumer pro se bankruptcy: Finding hope in hopelessness.American Bankruptcy Institute Journal, 35(5), 32-33.

Labatt, J., Forrest, M., & Swartz, R. (2016). Discharging student loans in bankruptcy: Good luck with that. Proceedings of the Allied Academies International Conference. International Academy for Case Studies, 23(1) 8-11.

McQuade, A. (2016). The antidote to zombie foreclosures: How bankruptcy courts should address the zombie foreclosure crisis. Emory Bankruptcy Developments Journal, 32(2), 507-535.

Pardo, R. I. (2016). Taking bankruptcy rights seriously. Washington Law Review, 91(3), 1115-1191.

Ramsey, S., Blough, D., Kirchhoff, A., Kreizenbeck, K., Fedorenko, C., Snell, K., . . . Overstreet, K. (2013). Washington state cancer patients found to be at greater risk for bankruptcy than people without A cancer diagnosis. Health Affairs, 32(6), 1143-52.

Sousa, M. D. (2013). Bankruptcy stigma: A socio-legal study. The American Bankruptcy Law Journal, 87(4), 435-482.

Wikel, D., & Lane, E. (2012). Moral and ethical considerations for turnaround professionals.American Bankruptcy Institute Journal, 31(7), 36-37,88-89.

Submission Details:

• Name your document SU_BUS3055_W4_LastName_FirstInitial.doc.
• Submit your document to the Submissions Area by the due date assigned.

Legal and Ethical Scenarios

Read the scenarios and the questions that follow. Answer Scenarios 1 and 2, then select any two (2) of the remaining scenarios for a total of four (4) scenarios.

You must also provide an answer for the recommendations section. Identify and analyze the legal issue(s). Apply legal concepts and make potential arguments as directed using laws, cases, examples, and/or other relevant materials. Consider using short headings (consult APA materials) to separate the topics. Summarize the facts; do not copy the scenarios into the paper. Support your answers with information from the textbook and at least four scholarly sources in addition to the textbook or course lectures. By Day 7, prepare a 5 to 7 page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Do not exceed the page length by more than two pages.

Overview

Headquartered in Savannah, Georgia, ________________ operates two coffee shops in Georgia and one in Alabama. Approximately 30% of the employees work full time; however, ____________ primarily hires part-time employees as baristas, delivery drivers, cooks and dishwashers. The company experienced explosive growth over the last four years, but with the growth came increased legal issues. The owners seek your advice on the following legal and ethical issues.

Scenario 1 – Business Organizations

Bailey Andrews and Danita Brown met while working at Starbucks and attending college in Georgia. Bailey studied business at South University, while Dania attended the Art Institute for culinary management. The two friends were tired of working for someone else and opened [SELECT A NAME FOR THE COFFEE SHOP] as a partnership after college. Now that the business has grown, the two partners are considering a new legal form for their business.

• Analyze three types of business organizations Andrews and Brown might consider for their existing restaurant. Be sure to consider at least one limited liability option. Explain the advantages and disadvantages of each type.
• Select one type of business for Andrews and Brown and provide support for your choice.
• Select a name for the coffee shop and use it when answering the remaining scenarios.

Scenario 2 – Employment Discrimination

Born in 1975, Juanita Mendoza immigrated from Mexico in 2005 and became a U.S. citizen in 2010. Mendoza speaks fluent English with a strong Hispanic accent. Her accent does not interfere with her ability to communicate with others. Mendoza worked as a cook and waitress for 20 years. Although she did not have any formal management experience, Mendoza applied for a shift manager’s job with [Restaurant Name]; however, she was not hired for the position. The restaurant currently employs 5 full time employees and 14 part time employees.

• Analyze the possible grounds Mendoza might have for a discrimination lawsuit against [Restaurant Name].
• Provide support for each ground selected and then provide arguments that [Restaurant Name] could make to counter each claim.
• Explain how your answer might change if the restaurant only employs a total of 12 people.

Scenario 3 – Secured Transactions and Bankruptcy

Bayside Restaurant Supplies agreed to sell 10 new commercial coffee makers and 5 freezers to [Restaurant Name] for $27,500. Bayside retained a security interest in the equipment. [Restaurant Name] agreed to pay for the equipment in equal installments over 48 months.

• Evaluate Bayside’s rights as a creditor if [Restaurant Name] files bankruptcy 18 months after purchasing the equipment.
• Discuss Bayside’s rights as a creditor if [Restaurant Name] sold the 2 refrigerators and 5 coffee makers for $750 approximately 30 days prior to filing bankruptcy.
• Explain how a failure by Bayside to file a financing statement might impact the outcome of both scenarios.

Scenario 4 – Insurance and Agency

Dylan is a delivery driver for [Restaurant Name]. While delivering orders within the scope of employment, Dylan rear-ended a car driven by Vickie Talley. Dylan was insured by State Farm and his policy contained the following information.

Exclusions—What is not Covered

State Farm will not pay for any damages an insured person is legally obligated to pay because of:

Bodily injury or property damage arising out of the use of your insured auto while used to carry persons or property for a charge, or any auto you are driving while available for hire by the public.

• Analyze the liability on the part of Dylan, Vickie, State Farm and [Restaurant Name]. Be sure to cover issues related to both insurance and agency.

Scenario 5 – Consumer Protection

[Restaurant Name] does not publish the prices of drinks on the menus. Nik Carlson, a customer of the restaurant filed a lawsuit claiming that failure to provide drink prices on the menu constitutes an unfair business practice because customers must make quick decisions about ordering drinks after asking about the price. Another plaintiff, Joe Swanson, claimed that he was not provided with a cost for his drink until after he ordered it, which constitutes consumer fraud.

• Analyze the applicability of state and/or federal consumer protection laws that Carlson and Swanson can assert against [Restaurant Name]. Select which party should win and support your answer.

Scenario 6 – Liability on Negotiable Instruments

Andrews and Brown hired a bookkeeper, Jenice, and gave her general authority to issue company checks drawn on SunTrust Bank so that Jenice can pay employees’ wages and other company bills. Jenice decides to cheat her employers out of $10,000 by issuing a check payable to the Bayside Distributors, one of the suppliers of seafood and fresh local produce. Jenice does not intend for Bayside to receive any of the money, nor is Bayside entitled to the payment. Jenice endorses the check in Bayside’s name and deposits the check in an account that she opened at Wells Fargo Bank in the name “Bayfood Dist. Co.” Wells Fargo accepts the check and collects payment from the drawee bank, SunTrust. SunTrust charges [Name of Restaurant] account $10,000. Denice transfers $10,000 out of the Bayside account and closes it. [Name of Restaurant] discovers the fraud and demands that the bank return the money.

• Evaluate which party or parties bear the loss.

Scenario 7 – Breach of Contract and Remedies

Andrews ordered 20 round tables to seat parties of two, 25 square tables to seat parties of four, 5 tables to seat larger parties and 175 chairs. The tables were specially ordered to contain the logo of the restaurant on the top of each table. Andrews paid for the entire shipment when placing the order; however, the supplier was responsible for making the shipping arrangements. The tables and chairs arrived three weeks later; however, five were scratched and damaged. Seven of the chairs were missing.

• Analyze the restaurant’s options related to the damaged tables and missing chairs. Be sure to address the applicability of the UCC to the transaction.

Recommendations

Conclude your paper by justifying suggestions for [Restaurant Name] to help prevent future occurrences of these types of legal problems. Identify any ethical issues you find and present recommendations as applicable. Be specific in your recommendations.

Submission Details:

• Use APA format for the paper. Review the APA materials located in the Library Research Guide.
• Name your document SU_BUS3055_W5_LastName_FirstInitial.doc
• Submit the paper to the Submissions Area by the due date assigned.