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I’m currently working on my master in Business Administration just graduated w ...

I’m currently working on my master in Business Administration just graduated with my Bachelor degree                LawWeek 1 Discussion - Ethical Conduct and the Purpose of the Law Respond to the following: Introduce yourself to your peers by sharing something unique about your background. Explain how you expect this course will help you move forward in your current or future career. Social responsibility requires legal conduct and ethical practices. When it comes to legal conduct, per the textbook reading in Chapters 1 and 2, where are the laws found and what are the purposes of the law? Which purpose of law do you most agree with and why? When an ethical dilemma arises in business, why should a business worry beyond compliance with the law today? Support your answer. Be sure to respond to one of your classmates' posts. Please provide answers to the discussion questions that are researched, informed, and substantiated by citing sources following Strayer Writing Standards.    Students post:Hello Professor and Classmates, My name is Kathleen Charles and I live in New York. I work in publishing/marketing manufacturing and I often face issues with Corporate Compliance and Social Responsibility, so I am looking forward to learning more about these areas in this class. My planned graduation date from Strayer will be exactly 30 years after I received my BA, which I find hard to beleive that all of that time has passed. The purpose of law that I agree with most is law as the great compromiser. I feel that this purpose of law speaks to the fact that the law is reasonable and fair. I feel that this aspect of the law truly defines a civilized society, one that is open to hearing all sides of a story and coming to a just conclusion for the greater good. When an ethical dilemma arises in a business, a company really needs to consider the repercussions that will arise if the business is soley looking to be in compliance with the law. Firstly, consumers will look unfavorably on a company that skirts the law or is merely compliant, when they had the opportunity to do better. Similarly, a company that goes above and beyond sets the example for other businesses to follow suit or to set the bar higher. Earlier this year, coffee-making giant Starbucks unveiled plans to increase its accessiblity guidelines above and beyond what is covered in the American with Disabilities Act. The self-imposed guidelines include more accessible ordering platforms and make it easier to navigate the store and enjoy its features. (1). By doing this, Starbucks shows that it values consumers and strives to make its stores available to everyone, above and beyond what is regulated by law.

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The discussion assignment consists of two parts. Select one of the questions for ...

The discussion assignment consists of two parts. Select one of the questions for Part 1 and answer Part 2. By the due date assigned, submit your answers to Part 1 and Part 2 to this Discussion Area. Post the answers to both parts in one thread. Label your answers Part 1 and Part 2, but do not repeat the scenario text in your responses. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students as outlined in the expanded rubric by the end of the week. Discussion Question Part 1 Select one of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. You should locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer. Scenario I – Debtor Creditor In partnership with American Express, Porter Cable requests that all employees at the rank of supervisor and above apply for a corporate credit card to be used for pay for travel, training and similar expenses. Ima Krimnel, the manager of the distribution center, was issued a corporate card and used it to take her husband to Hawaii for their 20th wedding anniversary. If Krimnel does not pay the charges, is Porter Cable liable? Why or why not? Scenario 2—Secured Transactions After receiving a promotion to logistics manager, Shantil’s husband, Ashton, purchased a 2017 BMW SUV for $68,000; however, he financed $48,000 through First Florida Banc. The bank took a security interest in the vehicle. Ashton was out of town for work when Shantil found out he had been having an affair. Shantil took a baseball bat and broke the windows and put dents in the BMW. Shantil then dropped the car off at the girlfriend’s apartment. Ashton was furious. After taking the car to a body shop for repairs, Ashton was unable to pay the bill due to the divorce, so he negotiated terms with the body shop; however, the shop retained possession of the vehicle. The repair shop claimed a lien on the car for services and materials in the amount of $21,250. Ashton stopped making payments to the bank while he was trying to save money to pay off the repair. First Florida Banc claimed priority. Discuss the rights of each party and determine which party is in the best position to prevail. Discussion Question Part II Based on the business you started in Week 1, answer the following questions in one to two paragraphs. Use laws, examples or cases to support your response. Consider the product or service you selected in Week 2. Describe how you plan to structure extension of credit to your customers to ensure the most protection for your company in the event the customer falls behind on payments or files for bankruptcy. Assume that your business will offer some type of credit arrangements even if you do not have plans to offer the credit option. What type(s) of insurance policies will you need for your business? Identify a company located in your state that can supply at least one of the insurance policies you will need.

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Select two of the scenarios provided below. Analyze the facts in the scenarios a ...

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.

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Legal and Ethical Scenarios Read the scenarios and the questions that follow. A ...

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.

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Business law plays an integral part in both our personal and professional lives. ...

Business law plays an integral part in both our personal and professional lives. A solid grasp of essential business law concepts is critical to successfully navigating complex and diverse business environments. You will assess relevant legal issues and apply the discipline-specific knowledge necessary to successfully address real-world business situations such as business formation and management, liability issues, and compliance with government and industry regulations. You will also effectively communicate issues and facts to peers and professionals. The final project represents an authentic competency. You will have the opportunity to present your analysis of the legal and ethical issues involved in three hypothetical business scenarios as well as to evaluate and make recommendations to avoid such issues in the future. This assessment addresses the following course outcomes: Apply the law regarding business relationships, such as agency law, partnership, and corporate law as strategies for appropriate and effective business management Analyze issues of real and personal property as they pertain to business formation and management Determine the legal rights and duties of the parties to commercial paper for their impact on fundamental business operations Analyze the rights and duties of the parties in credit transactions, including secured transactions and bankruptcy law, as they apply to fundamental business operations Evaluate the impact of government regulation on business practices for strategic and compliance purposes Prompt The final project for this course consists of two milestones and the final project submission. Milestones One and Two are short answers crafted in memo format from the perspective of a business consultant who is making recommendations to a client. For Milestones One and Two, use the case study to craft a professional memo that is appropriate in format, tone, and content to send to your clients Javier and Elena with your preliminary thoughts on their case. Your memos should illustrate the issues and relevant law, apply the facts, and support your conclusions with regard to each issue. Your communications should always be clear, kind, and professional. The third element, the case study in the Final Project submission, will be a short, 2- to 3-page memo in APA format that will require you to independently issue-spot as well as provide a factual analysis of relevant law and recommendations. You will receive feedback on both milestones. Make any necessary revisions and then include them all in the final submission, where you will label them as Case Study 1, 2, and 3. Case Study 1 Javier is well-known in his town for his homemade salsa picante, also known as hot sauce. After years of encouragement, he has decided to take his product to market as “Javier’s Very Hot Sauce!” The label includes the subheading “It just might kill you!” The sauce is made with an extremely spicy hot pepper that can cause eyes to water and, in rare instances, abdominal pain and cramping. Javier plans to make and bottle his hot sauce in a large outbuilding on his 50-acre property. Javier and his wife, Elena, have two children: a son, Antonio, and a daughter, Maria. Maria does not work for the business. Javier expects Antonio to be involved with the business now, though. He even presented Antonio with an option to make him a partial owner at a later date. Antonio has been promoting the product for commercial sale. As a result, several local restaurants and grocers have placed orders with Javier. Antonio also intends to approach several national chains to secure supply contracts for Javier’s hot sauce. Javier has asked Antonio to assist him with sales and deliveries by using Antonio’s van. Both Antonio and Maria live with their spouses and children in homes built on their father’s property. Javier has told them they both will inherit the property in equal shares. Javier and Elena engage you as their business consultant to assist with the formation of their new business. This includes determining the appropriate business entity type, management issues, product liability issues, and estate planning for both the business and family property. While you are not an attorney, you are very familiar with the many legal details and nuances that need to be addressed before Javier goes further with his plan. After your initial meeting, you identify and research the following issues. Specifically, address the following rubric criteria in your memo to Javier and Elena: Describe the main types of business entities and their defining characteristics. Apply product liability law to determine issues and recommend mitigating actions. How would you advise your client to mitigate those issues? Apply the elements and characteristics of an agency relationship to actions. Determine if an agency relationship was created and if it provides justification. Does Antonio’s involvement prior to the business formation, and his anticipated role once the business is formed, create an agency relationship? Why, or why not? Identify potential real property issues based on the location of the business on the family property and provide justification for each. Determine if the manufacture process of Javier’s Very Hot Sauce! on the family property necessitates a formal transfer of ownership or possessory rights, and defend your response. Identify potential personal property issues based on the use of Antonio’s personal vehicle to deliver the product, and justify each potential issue. Determine if the use of a personal vehicle exposes Antonio or the business to any liability issues. Does the use of his personal vehicle in the course of business expose Antonio or the business to any liability issues? Defend your response. Identify potential estate planning issues. Identify potential estate planning issues regarding the business and the family property. Justify each potential issue. Determine what estate planning vehicles are available to transfer ownership between two parties and provide advantages and disadvantages to each. What estate planning vehicles are available to Javier and Elena if they want to transfer ownership of the business and family property to Antonio and Maria? What are the advantages and disadvantages of each? Apply legal and factual analysis to form a recommendation on an appropriate business entity and provide rationale. Applying your analysis of the issues above, which type of business entity do you recommend for Javier’s Very Hot Sauce!, and why? Case Study 2 Javier’s Very Hot Sauce! has hit the market. It has become a huge success locally, and they are looking to grow nationally. Javier has patented his famous concoction and trademarked the hot sauce’s name and logo. Demand is so high that Javier and Elena are working full-time on the business. Their children, Antonio and Maria, have now joined the company full-time as well. In fact, Javier has made Antonio and Maria partial owners of the business. Javier and Antonio handle the production, sales, and delivery. Elena and Maria handle most of the administrative and business management tasks. They hired a longtime friend, Tiffany, as the bookkeeper. While there are more employees now, Javier and Elena are the only authorized signatories on the corporate account. At this point, the business has only one business credit card that they use to buy Javier’s Very Hot Sauce! production supplies. There is also a small mortgage outstanding on the family property. The business owes vendors money for supplies, but it is consistently in the red. Individual family members carry high personal credit card balances. Antonio has a loan on the delivery van, too. Elena and Maria are working on securing a new production facility and distribution chain. They need this to accommodate an upcoming contract with a national chain. After locating a large warehouse on several acres, Elena and Maria approach their local credit union for a loan. An issue arises during the commercial loan accounting review process. The bank discovers that Tiffany has been siphoning off large amounts of corporate money and “cooking the books” to hide her actions. She has written several checks from the corporate account and forged both Javier and Elena’s signatures on several checks from the business’s account. Tiffany also wrote several of the forged checks to Don, a local loan shark, to repay her gambling debts. After feeling some guilt about her actions, Tiffany wrote one very large check out to “Cash” and slipped it into the collection box at church. The embezzlement is so severe that the family fears Javier’s Very Hot Sauce! business is on the brink of bankruptcy. Meanwhile, Antonio has refused to enter into an exclusive distribution deal with the local grocery store. This upsets Tyrone, the owner of the local grocery store. Tyrone has exclusively promoted Javier’s product and believes he is the one who made it a success. As a result of this dispute, Tyrone has discontinued buying the product. Tyrone has also reverse-engineered the recipe for Javier’s Very Hot Sauce! and has posted it online in an act of vengeance. Specifically, address the following rubric criteria in your memo to Javier and Elena: Determine the legal defenses Javier and Elena might raise about the checks written by Tiffany to Don, and explain why defenses will be successful or unsuccessful. Determine the legal defenses Javier and Elena might raise about the check written by Tiffany and delivered to the church, and explain why defenses will be successful or unsuccessful. Determine civil claims available to Javier and Elena against Tiffany based on her actions, and evaluate the potential for success. Analyze the forms of bankruptcy available to the business in this instance based on the chosen type of business entity, and determine which form is most appropriate and why. Assume the business entity is the same form as you chose in Case Study 1. Analyze the implications of a potential bankruptcy action on the business assets, and explain which are subject to forced sales, liens, or forfeiture. Assume the business entity is the same form as you chose in Case Study 1. Analyze the implications of a potential bankruptcy action by the business on the personal assets of the individual family members, and explain if the assets of business owners are subject to forced sale, liens, or forfeiture. Assume the business entity is the same form as you chose in Case Study 1. Determine the legal recourse Javier has against Tyrone for infringement of intellectual property rights, and explain why Javier will be successful or unsuccessful. Case Study 3 Both Javier’s family and the business have rebounded from their prior issues. Tiffany sought counseling for her gambling issues. She has worked hard to mend her relationships with the family. Before cashing the forged checks from Tiffany, Don was struck by lightning and experienced a spiritual enlightenment. He willingly returned the checks to Javier and Elena and promptly joined the Peace Corps. Likewise, when the church found out the donated check was a forgery, they immediately returned it. Tyrone’s wife (also Elena’s best friend) found out about Tyrone’s online sabotage. She promptly remedied the situation. Once Javier’s Very Hot Sauce! was back on track, the company’s growth was exponential. They were featured on a popular talk show starring a prominent chef. After this, online orders and demands from big-box chains nationwide skyrocketed. Javier and Elena have been told that now would be an ideal time to take Javier’s Very Hot Sauce! public. The only concerning issue at hand involves Manya, a local woman with an accounting degree. She applied for the open bookkeeper position. Javier told her that he needed a man and hired Marcos, a man without a degree and no experience instead. Manya has filed a claim of sex discrimination against the company and Javier personally. Javier and Elena are seeking your advice about Manya and the possibility of taking the company public. Complete a legal analysis of the given facts, including the following elements. Specifically, address the following rubric criteria: Evaluate three existing or potential legal or regulatory issues apparent in this fact pattern that might impact a public offering. Determine whether Javier’s Very Hot Sauce! is in compliance with government regulations involving public offering by analyzing relevant laws and using the appropriate legal test and facts given. Support your conclusions of law and provide recommendations to improve compliance and strategies for corporate growth. Milestones Final Submission: Case Studies 1, 2, and 3 In Module Seven, you will read the module resources and then respond to the remaining Case Study 3 critical elements, incorporating your feedback from the previous milestones. Submit the case study in a 4- to 7-page memo. Include rewrites of Milestones One and Two. Submit all three case studies as a final submission. This submission is graded with the Final Project Rubric.


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f the answer notes to round to the nearest dollar and you round to the nearest c ...

f the answer notes to round to the nearest dollar and you round to the nearest cent, the answer wouldn’t be marked wrong because of that. If the answer notes to round to the nearest hundredth of a percent and you enter 1.23456789% for a ques on where the correct answer should be 1.23%, the ques on wouldn’t be marked incorrect for having too many digits

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ProductsWeek 3 Discussion - Product Liability, Deceptive Advertising, and Unsafe ...

ProductsWeek 3 Discussion - Product Liability, Deceptive Advertising, and Unsafe Products Refer to Chapter 13 in your course textbook for this discussion. Respond to the following: Product liability law grew out of the notion of protecting consumers from deceptive advertisements of products and products that are unsafe and dangerous in the marketplace. Lawsuits for product liability actions are rooted in contract law and tort law. If a business sells a dangerous or defective product that can cause injuries to a customer, it creates a risk for legal action that could cost a lot of money. If a manufacturer's advertising results in deception and a breach of an expressed warranty or implied warrant, legal action can also result. Research and summarize one (1) type of lawsuit below using the resource links provided. Briefly explain the facts, your understanding of the law, and the decision and reasoning used by the court. One (1) breach of warranty lawsuit based on a deceptive advertisement OR one (1) product defect case pursuant to a product design defect, manufacturing defect, or a failure to warn of a defect. Imagine you were tasked with defending against a product liability tort action. Briefly explain the three (3) defenses in the reading and which you believe would be the most effective against the lawsuit example you provided and why. Resources: NEXIS-Uni Legal Database. Strayer Library Databases. Be sure to respond to one of your classmates' posts. Please provide answers to the discussion questions that are researched, informed, and substantiated by citing sources following Strayer Writing Standards. Classmate post:Hello Class, According to the Federal Trade Commission website, Car Shield was mandated to pay $10 million to settle FTC charges due to deceptive marketing tactics.(1) Car Shield used celebrities to promote the fact that they cover all car repairs. (1) Unfortunately, it was discovered that many repairs were not covered and FTC also alleges that both celebrities and consumers who endorsed Car Shield were making false statements. (1) Based on this weeks text, the three defenses one could use against a liability tort action are: 1. Misuse or Abnormal Use: Applies when a plaintiff has used a product in a way that was harmful to them despite warnings provided by the defendant/manufacturer. In addition, can apply when a plaintiff has used the product in a manner that the defendant/manufacturer could not anticipate. (2) 2. Contributory Negligence: Traditionally a complete defense to a product liability suit in negligence. An example of when this could be applied is when a plaintiff is using a product for recreational purposes that does not have necessary protections necessary to keep them safe when they are already injured which poses a knowingly higher risk. (2) Comparative Negligence has been adopted in some states that states that the plaintiffs negligence is not a complete defense. When this happens, it reduces the amount the plaintiff is entitled to recover for damages.(2) 3. Assumption of Risk: This is applied when a plaintiff uses a product that they know is dangerous to use. As an example, if they drive around in a car that they know has a recall is an implied assumption of risk. (2) When it comes to the Car Shield case, it is very hard to decide. However, I would use comparative negligence. I would make sure to bring up what the plaintiff did to obtain clarification on fine print in the advertisements. It does say that service contracts are on behalf of leading third-party administrators and that programs may vary based on information obtained about the car, such as vehicle use, mileage, state and pre-existing conditions. In addition, states that all claims must be pre-authorized before repairs are made. As a result, making both parties responsible for negligence will help to reduce the amount owed to the plaintiff. Thanks, Daisy Sources: 1. Federal Trade Commission. September 30, 2024. CarShield. https://www.ftc.gov/legal-library/browse/cases-proceedings/2223031-carshieldLinks to an external site.. 2. Jennings, M. M. (2021). Business: Its Legal, Ethical, and Global Environment (12th ed.). Cengage Learning US. https://strayer.vitalsource.com/books/979821433887... Week Assignment: Week 3 Activity - Product Liability Law Case Summary Week 3 Activity - Product Liability Law Case Summary Due: Mon Oct 21, 2024 9:00am10/21/2024 Ungraded, 65 Possible Points65 Points Possible Attempt In Progress NEXT UP: Submit Assignment Unlimited Attempts Allowed Available after Sep 29, 2024 12:00am9/29/2024 Overview In this activity, you review the product liability of a selected case and create a brief that summarizes its legal elements. Instructions Choose a case from the cases presented below: Case 1 Brooks v. Mission Stucco Co., 2024 Cal. App. Unpub. LEXIS 5519 (Court of Appeal of California, Second Appellate District, Division Three. August 30, 2024, Opinion Filed).https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a6CVH-3CY3-RRP2-2508-00000-00&context=1519360&identityprofileid=XG7R2Q51703 Case 2 Gil v. Petco Health & Wellness Co., 2024 U.S. Dist. LEXIS 153421, 2024 WL 3949321(United States District Court for the District of New Jersey. August 27, 2024, Filed).https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a6CTY-MKV3-S4Y5-355M-00000-00&context=1519360&identityprofileid=XG7R2Q51703 Case 3 Summers v. FCA US LLC, 2024 U.S. Dist. LEXIS 151320 (United States District Court for the Eastern District of Louisiana. August 23, 2024, Filed).https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a6CT3-KB13-RSTK-X37H-00000-00&context=1519360&identityprofileid=XG7R2Q51703. Case 4 Wyeth v. Levine, 555 U.S. 555, 129 S. Ct. 1187, 173 L. Ed. 2d 51, 2009 U.S. LEXIS 1774, 77 U.S.L.W. 4165, CCH Prod. Liab. Rep. P18,176, 21 Fla. L. Weekly Fed. S 675 (Supreme Court of the United States March 4, 2009, Decided).https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a4VRY-4YV0-TXFX-13DM-00000-00&context=1519360&identityprofileid=XG7R2Q51703. Case 5 Oglesby v. Medtronic, Inc. Medtronic USA, Inc., 2024 U.S. App. LEXIS 7138, 2024 WL 1283341 (United States Court of Appeals for the Fifth Circuit. March 26, 2024, Filed)https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a6BN4-SH03-RRVB-S317-00000-00&context=1519360&identityprofileid=XG7R2Q51703 Using the Week 3 Activity Template Download Week 3 Activity Template[DOCX], accurately summarize the following regarding a design defect, a manufacturing defect, and/or a failure-to-warn cause of action in a brief that effectively lays out the following legal elements of the case: Case facts. Parties and their arguments. Proceedings of the court case - what happened in the court(s)? The law regarding product liability defect The holding of the court and its reason(s). This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions. Week 3 Activity - Product Liability Law Case Summary Week 3 Activity - Product Liability Law Case Summary Criteria Ratings Pts Create a brief that accurately summarizes all specified legal elements presented in the scenario. (100%) 65 to >58.49 pts Exemplary Created a brief that accurately summarized all specified legal elements presented in the scenario. 58.49 to >51.99 pts Competent Created a brief that summarized specified legal elements presented in the scenario but with 1–2 significant errors or omissions. 51.99 to >45.49 pts Needs Improvement Created a brief that summarized specified legal elements presented in the scenario, but with 3–5 significant errors or omissions. 45.49 to >0 pts Unacceptable Did not submit or did not create a brief or created a brief with more than 5 significant errors or omissions. / 65 pts Total

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