If all states have a Statute of Fraud wouldn’t it

Question If all states have a Statute of Fraud wouldn’t it be easier and simpler if there was one Federal Statute of Frauds? The Statute of Frauds is designed to protect the public but does it or just those who know the law?

– based on the group paper to write conclusion part

based on the report paper to write conclusion partplease see attachment is the paper

Bart Buyer, the owner of Bart’s Bargain Basement, sends a

Question Bart Buyer, the owner of Bart’s Bargain Basement, sends a purchase order to Salena Seller for 1,000 My Little Autopsy toy sets–the season’s hottest selling toy that, to the dismay of parents everywhere, allows children to simulate the thrills and chills of performing a real autopsy on an anatomically correct doll whose body parts can be removed with realistic blood and gore effects. Salena, who does not have the popular toy in stock, ships 1,000 My Undead Mummy dolls to Bart with a note that states: “These are shipped as an accommodation to your order at a 10% reduction off our regular wholesale price.” When the dolls arrive, Bart rejects them (they are not gory enough, in his view, to suit the tastes of discriminating five-year-olds), and sues Salena for breach of contract. What result?

I am trying to complete the my option course work

Question I am trying to complete the my option course work for BTEC Level 3 Business Administration Unit 9 deliver a presentation and I am stuck on criteria 2.1 to 2.3 and 3.1 to 3.7. where could I research to find the correct resource for these areas.RegardsDonna

explain the difference between a patent and a trademark. Further

Question explain the difference between a patent and a trademark. Further discuss: Should a company be allowed to patent a life form? Does it matter if the life form is a non-sentient organism like a plant?  All sources used must be cited.

What are the various types of influence processes and the

Question What are the various types of influence processes and the factors that can affect them?

What effects (positive and/or negative) might the “conspiracy of silence”

Question What effects (positive and/or negative) might the “conspiracy of silence” have on the quality of medical care?

Suppose you are down at the marina cleaning your pleasure

Question Suppose you are down at the marina cleaning your pleasure cruising boat. The captain of the boat next door has a friend on board who can’t stop complimenting your boat. The captain’s friend offers to pay you $75,000 for your boat if he can take possession this week. You’ve had the boat for a while, and you yourself bought it used. Recently when you were considering an upgrade, a dealer offered you $50,000 in trade-in value on your boat. You decide to accept the next-door captain’s friend’s $75,000 offer. The two of you go down to his lawyer’s office and the two of you sign a contract agreeing that you will hand over your boat and the captain’s friend will wire $75,000 to your bank account within one business day. However, a week goes by and you still do not have your money. You try to track the buyer down, but you find out from the next-door captain that he, the captain, was surprised to learn his friend is currently in a rehab facility for serious drug addiction and mental exhaustion. Given that you have a written contract, do you think you would be able to get the $75,000 in this situation?

b) During the time that Chiquita paid protection money, an

Question b) During the time that Chiquita paid protection money, an estimated 20,000 Columbian citizens lost their lives at the hands of the terrorists – but none of Chiquita’s 3000 employees were harmed. Was it ethical or not ethical for the company to make the payments? Why or why not? Note: no points for “sitting on the fence.” Take a stand: “ethical” or “unethical”?Review chapters 5 and 6 and be sure to reflect in your answer how you used content from those chapters to reach your decision.c) “Test” your answer to b) by applying each of the four methods of moral reasoning discussed in Chapter 5 (Virtue, Utility, Justice and Rights.) As the application of the four methods of ethical reasoning will recur in other cases in this class, take time now to understand and distinguish between them.Chapter 5 states that “…all four methods can be applied at the same time (to gain better understanding of an ethical issue. Using only one of the four is risky and may lead to an incomplete understanding of the complexities that may be present and a lopsided result that may be unacceptable to others.”)Case information: Discussion Case: Chiquita Brands: Ethical Responsibility or Illegal Action?In 2014, the 11th United States Court of Appeals ruled in favor of Chiquita Brands, a Cincinnati-based multinational marketer and distributor of food products—widely known for its Chiquita banana brand—which had been accused by 4000 Colombians of supporting paramilitary soldiers who had killed or tortured their relatives. The court ruled on technical grounds that the Colombians could not sue the company under the laws they had cited. “The Alien Tort Statute does not apply extraterritorially,” wrote Judge David Sentelle, and “the Torture Victim Protection Act only applies to actual people, not to corporations.”The Colombians had sought $7.86 billion in damages, on the basis that Chiquita was responsible for the deaths of 393 victims at the hands of a paramilitary group called the United Self-Defense Forces of Colombia that Chiquita had funded through their payments. The lawsuits pointed specifically to a 1997 massacre in which 49 people were tortured, dismembered, and decapitated and another incident in 2000 in which 36 more people were killed.The lawsuit was ironic, because Chiquita had originally made the payments to the paramilitary group to protect its Colombian employees from harm—not to put people at risk. However, once the payments had been made, Chiquita had no control over what the outlaw group did with the funds—which it had apparently used to terrorize other people in the community. “The principle upon which this lawsuit is brought,” said the Colombians’ attorney Jonathan Reiter, “is that when you put money into the hands of terrorists, when you put guns into the hands of terrorists, then you are legally responsible for the atrocities, the murders and the tortures that those terrorists commit.”Chiquita’s problems began in the early 2000s, when the United Self-Defense Forces of Colombia attempted to extort substantial payments from the company to help fund the group’s operations. The paramilitary group made it clear that if the company did not make the payments Chiquita’s employees would be at risk. The company’s managers took these threats seriously, because they were aware that in 1995 the paramilitary group had been responsible for bombing Chiquita’s operations and murdering 17 banana workers, who had been gunned down on a muddy soccer field.Chiquita’s mission emphasized a strong sense of ethical performance and social responsibility. It stated that it wanted “to help the world’s consumers broaden mindsets about nutrition and bring healthy, nutritious, and convenient foods that taste great and improve people’s lives.” Therefore, it was not surprising that Chiquita’s management also wanted to protect its employees and ensure their safety while working for the company. In a handwritten note, a Chiquita executive said thatsuch payments were the “cost of doing business in Colombia.” The company agreed to make the payments demanded by the paramilitary group, but hid the payments through a series of questionable accounting actions. From 1997 through 2004 Chiquita paid monthly “protection payments” totaling more than $1.7 million.After the September 11, 2001, terrorist attack in the United States, the U.S. Government declared the Colombian paramilitary group to be a terrorist organization. In February 2003, a Chiquita employee informed a senior Chiquita officer that the company’s protection payments were illegal under the new U.S. terrorism laws. Chiquita officials met with their attorneys in Washington, DC, and were advised to stop the payments to the terrorist group. Yet the company continued to make the protection payments, amounting to an additional $825,000.In the minds of the Chiquita’s executives, stopping the payments would risk the lives of their employees. Chiquita’s executives also considered but rejected the option of withdrawing operations from Colombia. But in a surprising move in April 2003, Chiquita decided to disclose to the Department of Justice that the company was still making payments to the Colombian paramilitary group. The company told the government that the payments were made under the threat of violence against them and their employees.The Justice Department informed Chiquita that these payments were illegal, yet the company continued to make the payments. In 2007 Chiquita Brands International pleaded guilty to one count of the criminal charge of engaging in transactions with a designated global terrorist group and agreed to pay a $25 million fine.In explaining its actions, a company spokesperson stated that “Chiquita and its employees were victims and that the actions taken by the company were always motivated to protect the lives of our employees and their families.” He added, “Our company had been forced to make protection payments to safeguard our workforce. It is absolutely untrue for anyone to suggest that these payments were made for any other purpose.”Sources: “Chiquita Brands International Pleads Guilty to Making Payments to a Designated Terrorist Organization and Agrees to Pay $25 Million Fine,” U.S. Department of Justice Press Release, March 19, 2007, www.justice.gov/opa/pr/2007/March/07_nsd_161.html; “Colombian Families’ Suit Says Chiquita Liable for Torture, Murder,” CNN.com, February 14, 2007, www.cnn.com/2007/US/law/11/14/chiquita.lawsuit; “Chiquita Sued Over Colombian Paramilitary Payments,” The Sacramento Bee, May 30, 2011, www.sacbeee.com; and “US Appeals Court Says Colombians Cannot Sue Chiquita,” BBC News, July 24, 2014, www.bbc.com/news/world-latin-america-28469357.

GC contracted to clean the ABC Industries, Inc. (ABC) office

Question GC contracted to clean the ABC Industries, Inc. (ABC) office building using EPI cleaning products. GC assigned several experienced GC employees to the job. While cleaning the office windows with EPI’s Clear Light window cleaner, the cleaner left a sticky film on several of the windows. The cleaner was used exactly according to product directions. The sticky film could not be removed except by scraping which left permanent scratches on the windows. GC had used Clear Light many times before with no damage or problems.ABC expects GC to pay to replace the windows and sues GC to recover costs of replacing the windows. Note: ABC sued only GC.  Describe any possible product liability claim(s) for which ABC could sue GC and why/how the claim(s) could apply to GC.   Describe whether GC is likely to be found liable for the claim(s) identified in the question above and why.

Evidence of course of dealing or usage of trade may

Question Evidence of course of dealing or usage of trade may not be offered to explain or supplement a confirmatory memorandum, which was intended by the parties to be the final and complete expression of the parties’ agreement. Is this statement correct? Explain your answer, including the applicable UCC sections.

What are the considerations, factors and critical elements that you

Question What are the considerations, factors and critical elements that you need to know about the market and industry in which you want to start your business?

If someone bid and thought they won a unique item

Question If someone bid and thought they won a unique item at an auction because they were the last bid and the auctioneer smiled and nodded to acknowledge her bid, but at the end of the auction the auctioneer said someone else won the bid would the auction house be in breach of contract or the auctioneer?

Read the case study. Create a project management plan based on the

Read the case study. Create a project management plan based on the case study using the “Project Management Plan” template provided. Align the project plan with standards of project management in A Guide to the Project Management Body of Knowledge (PMBOK® Guide), Sixth Edition.Access the following to complete this Assessment:

In 2006, Myspace, an Internet website for young adult social

Question In 2006, Myspace, an Internet website for young adult social networking, was sued by the Universal Music Group, Inc., for copyright infringement. Basically, Myspace was allowing users to upload musical content such as videos and songs to their profiles. Myspace was somewhat protected under a federal law that makes such practices illegal only if the copyright holder actually complains and the content is not subsequently removed from the site. Universal Music Group brought suit in an effort to change that law and claimed that such practices were still copyright infringement. Were the practices of Myspace copyright infringement? How would a judge’s legal philosophy affect how he or she would rule in this case?

Three same-sex couples who are residents of Vermont have lived

Question Three same-sex couples who are residents of Vermont have lived together in committed relationships for a period. Two of the couples have raised children together. All three couples applied for marriage licenses and were refused a license on the ground that they were ineligible under the state marriage laws. Plaintiffs sought a declaratory judgment that the refusal to issue them a license violated the marriage statutes and the Vermont constitution. They argued that it violated the Common Benefits Clause of the Vermont constitution, which provides “[ that government is, or ought to be instituted for the common benefit, protection, and security of the people, nation, or community, and not for the particular emolument or advantage of a single person, family, or set of persons, who are part of that community… .” They argued that in not having access to a civil marriage license, they are denied many legal benefits and protections, including coverage under a spouse’s medical, life, and disability insurance; hospital visitation and other medical decision-making privileges; and spousal support. Argue whether Vermont’s marriage license law violates the same-sex couples’ rights under the Vermont constitution. Which school of jurisprudence would you apply in your reasoning? 

Choose two issues or challenges that the leaders of today’s health care

Choose two issues or challenges that the leaders of today’s health care organizations face. Select from among the following topics:You are the manager of an ancillary service department at a large, 500 bed hospital. Develop a proposal (750-1,200 words) that is directed toward your staff, in which you address the following:Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.This assignment uses a grading rubric. Instructors will be using the rubric to grade the assignment; therefore, students should review the rubric prior to beginning the assignment to become familiar with the assignment criteria and expectations for successful completion of the assignment.You are required to submit this assignment to LopesWrite. Refer to the directions in the Student Success Center. Only Word documents can be submitted to LopesWrite.

Margaret Beattie was seriously injured in an automobile accident in

Question  Margaret Beattie was seriously injured in an automobile accident in Delaware and was rendered a quadriplegic following the accident. She filed suit against her husband for damages, alleging that his negligence was the cause of her injuries. Because the Beatties had substantial liability insurance, Margaret would have received a large sum in damages if she had been able to establish her case. Unfortunately for her, Delaware follows the precedent of not allowing one spouse to sue the other spouse in tort. Should this precedent prevent Margaret from being allowed to sue her husband for damages in this case? 

The United States age discrimination law protects individuals beginning at

Question The United States age discrimination law protects individuals beginning at the age of 40. However, this law has specific requirements regarding whether an employer or the employee deter- mines whether age-related factors were involved with a termination or layoff. Prior to this case, the employer who let go an individual 40 years of age or more had the burden of saying the separation was based on a reasonable factor unrelated to age. However, during this case in 2008, 28 individuals at or above the age of 40 were laid off, and in turn sued the employer for age discrimination. These individuals argued that instead of the employer having the burden, and thus being able to argue that there was a reasonable factor unrelated to age, the individuals being let go should have the burden. This way, the individuals would then be able to argue in court that there was no “reasonable” factor other than age involved in the individuals’ terminations from their jobs. In this case, did the Supreme Court agree with the individuals? Currently, who has the burden in such cases, the employer or the employees? 

Q 1 Tonoga, Ltd. (Taconic), is a manufacturer incorporated in

Question Q 1 Tonoga, Ltd. (Taconic), is a manufacturer incorporated in Ireland with its principal place Of business in New York. In 1997, Taconic entered into a contract with a German construction company to supply special material for a tent project designed to shelter religious pilgrims visiting holy sites in Saudi Arabia. Most Of the material was made in and shipped from New York. The German company did not pay Taconic and eventually filed for bankruptcy. Another German firm, Werner Voss Architects and Engineers, acting as an agent for the government Of Saudi Arabia, guaranteed the payments due Taconic to induce it to complete the project. Taconic re- ceived all but the final payment. When it did not receive the full payment, the firm filed a suit in a federal district court against the government Of Saudi Arabia, claiming breach of the guaranty and seeking to collect, in part, about $3 million. The defendant filed a motion to dismiss based, in part, on the doctrine of sovereign immunity. Under what circumstances does this doctrine apply? Should this suit be dismissed under the “commercial activity” exception? Explain. Q 2 DaimlerChrysler Corp. makes and markets motor vehicles. DaimlerChrysler assembled the 1993 and 1994 model years of its trucks at plants in Mexico. Assembly involved sheet-metal components sent from the United States. DaimlerChrysler subjected some of the parts to a complicated treatment process, which included the application of coats of paint to prevent corrosion, to impart color, and to protect the finish. Under federal law, goods or U.S.-made parts that are assembled abroad can be imported tariff free. A federal Statute provides that painting is “incidental” to assembly and does not affect the Status Of the goods. A federal regulation states that “painting primarily intended to enhance the appearance Of an article or to impart distinctive features or characteristics” is not incidental. The U.S. Customs Service levied a tariff on the trucks. DaimlerChrysler filed a suit in the U.S. Court Of International Trade, challenging the levy. Should the court rule in DaimlerChrysler’s favor? Explain.Q 3In 1996, the International Trade Administration of the U.S. Department of Commerce assessed antidumping duties against Koyo Seiko Co., NTN Corp., on certain tapered roller bearings and their components imported from Japan. In assessing these duties, the ITA requested information from the makers about their home market sales. NTN responded in part that its figures should not include many sample and small-quantity sales, which were made to enable customers to decide whether to buy the products. NTN provided no evidence to support this assertion, however. In calculating the fair market value of the bearings in Japan, the ITA determined, among other things, that sample and small-quantity sales were within the makers’ ordinary course of trade. Koyo and others appealed these assessments to the U.S. Court of International Trade, objecting in part to the ITA’s inclusion of sample and small-quantity sales. Should the court order the ITA to recalculate its assessment on the basis of NTN’s objection? Explain

Why do you think courts rarely question the value of

Question Why do you think courts rarely question the value of the promises or property transferred between contracting parties?

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