You make some good points in this second milestone assignment. Please see my feedback as follows:
You make some good points in this second milestone assignment. Please see my feedback as follows:
With regard to your section on the legal defenses Fred and Sally might raise
with regard to the checks written by Jane to Don, you make some good points
about the fact that Fred and Sally did not properly review the conduct in their
accounts. Consider the UCC and the duty of an account holder to notify the bank
of forgery within 30 days. Possible defenses to liability on negotiable
instruments include fraud, forgery, and material alteration. As a general rule,
if a signature to a negotiable instrument is unauthorized, there is no
liability to the falsely named party. You may have expanded to include some of
these defenses in your analysis.
With regard to your section on the legal defense that Fred and Sally might
raise with regard to the check written by Jane and delivered to the church, you
do not seem to address the specific issues that arise with the check. Please
see my comments above as many of the same defenses (fraud, forgery and material
alteration) apply. Please be sure to read the question carefully to ensure that
the specific question posed is answered.
With regard to your section on Fred and Sally’s civil claims against Jane, you
make some good points about Jane’s forgery. You may have specifically defined
that term. I would have also liked to see you expand to include additional
specific theories of liability. Consider fraud, theft, and that Jane was not
authorized to sign checks. You may also discuss accountant liability here if
you consider Jane an accountant.
With regard to your section on the forms of bankruptcy, you make some good
points in favor of filing Chapter 13 bankruptcy. However, I would have liked to
see you expand your discussion to include each form of bankruptcy in further
detail to demonstrate why Chapter 13 is the most appropriate.
With regard to your section on the implications of bankruptcy on business
assets, you again make some good points in favor of Chapter 13 in light of the
business property. This option applies primarily to individuals and sole
proprietorships; partnership and corporations are not eligible. This remedy
allows a person to file a repayment plan. Chapter 13 plans are perceived as
easier and less costly than filing under Chapter 11. Another benefit is that
under Chapter 13, individuals may avoid losing their house from foreclosure.
The business must typically be able to fulfill the terms of the repayment plan
between 36 and 60 months
With regard to your section on the implications of the bankruptcy on personal
assets, you note the that assets will not be taken under Chapter 13. You may
have included additional detail to explain why and how this is different from
other business forms. Remember, a sole proprietor is generally personally
responsible for the debts of the business. I would have liked to see you expand
to discuss this issue in your analysis here.
With regard to your section on intellectual property rights, you make some
interesting points concerning trademark and liability generally. However,
consider also patent law. There is nothing in the fact pattern that indicates
that Bob made and sold the product, only that he made the recipe public by
posting it on the internet. A patent gives its holder the exclusive right to
produce, sell, and use the product for 20 years from the date of application. Thus,
if Bob did not produce or sell the cough syrup, there may be no cause of action
against him for patent infringement. There could be a violation of a Fred’s
trade secret. Reverse engineering is generally considered lawful discovery.
However, Fred may have a legal action against Bob if he can show that misuse of
a confidential relationship/information was the basis for the disclosure of the
trade secret.
Your email is generally well written but please remember to proofread. Overall,
nice work on your citations and references. For additional guidance on the APA
format, please see: https://owl.english.purdue.edu/owl/resource/560/01/.
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