Business Law And The Legal Environment 4th Edition Jeffrey F Beatty, Susan S Samuelson - Solutions

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You are approached by the following two parties for advice on possible breach of trade marks.a. Sweaty-Betty Inc. wish to sell a new perfume which is aimed at the high end of the market.To appeal to these customers it intends to use a distinctive, fancy bottle, in the shape of a pyramid and with
Have the Patents Acts 1977 and 2004 effectively balanced the rights of the employer and employee in the ownership of inventions created by the employee?
Identify the ways in which the Trade Marks Act 1994 has liberalized obtaining a registered trade mark? Are there any problems that remain?
Devon is employed by All Bright Consumables (ABC) Ltd in the factory where it makes tablet computers. Devon is a senior manager and has responsibility for the production of the components and their assembly. He is also involved in senior planning meetings where strategies, including plans for
Clive works for Trusthouse Fifty, a chain of hotel and dining establishments. He was promoted to manager of the restaurant and bar department. He had not opted-out of the Working Time Regulations, his contract provided that he was contracted to serve the employer for 42 hours per week, and he
An employer is entitled to have his/her confidential information protected against unauthorized use by a rival. How have the courts determined what may be regarded as‘reasonable’ in the award of this protection?
ie Is it appropriate to have a national minimum wage? Given the differences in the cost of living throughout the country, and obliging the employer to pay an amount set by the State for employment when market forces may have been better able to regulate pay, evaluate the necessity for, and impact
Consider Redmount Borough Council's (RBC) potential liability in the following circumstances:Benny applied for an advertised post in the parks department of RBC as a delivery operative. Following his rejected application for a post he considered himself to be qualified for, he asked RBC for the
All Bright Consumables (ABC) Ltd has placed an advertisement in the local newspaper for the recruitment of a new member of staff to act as assistant manager in a new shop it is opening.Due to the high proportion of immigrants from Poland living in the area, the advert specifies that the applicant
‘Despite a rather benign interpretation by the judiciary, and judicial development over the last 35 years, the practical impact of the Equal Pay legislation has been very disappointing in securing equality of pay between men and women.Critically analyse the above statement.
The sex discrimination laws in the UK have offered increasing levels of protection to women workers. Some commentators have suggested that this is unfair and should be restricted, particularly in matters to do with pregnancy. With specific reference to the Equality Act 2010, explain how the law
Calvin is a designer working for a large fashion house. Calvin is an employee at the firm and has worked there for four years. His employer Donna arrives at work on Monday morning and finds Calvin acting suspiciously. Donna checks the petty cash box and discovers that £100 is missing. Despite the
Kate runs a clothing manufacturing firm employing several workers. One day Kate comes into work and sees what she thinks is a fignt between John and Tom. Therefore Kate sacks both of them on the spot. What has really happened is that Tom has been attacked by John because John has never liked Tom
The statutory dismissal procedures, intended to resolve employment disputes ‘in-house’without recourse to tribunal, were replaced in April 2009 with a system based on alternative forms of dispute resolution. Why did these statutory procedures fail and what is the likely success of the ACAS Code
The potentially fair reasons to dismiss under the Employment Rights Act 1996 are far too broad and enable an employer to dismiss an employee very easily. They should be narrowed and the test of reasonableness of an employer's action made more robust if the legislation is to have any impact on the
Joshua has been working at (the fictitious) Greenfingers Garden Centres Ltd for eight months. Without any warning he is called into the manager's office and told he is being dismissed immediately for misconduct due to his poor timekeeping. Joshua had been late to work for the two previous mornings
Redmount Borough Council (RBC) has an Adult Education Department which has had rising costs over the past few years. Given the budgetary restraints imposed by central government in 2010 RBC has decided to take measures to reduce its overheads. Part of these measures has resulted in the catering and
In the case of Allen v Flood (1898) Lord Davey pronounced ‘an employer may refuse to employ from the most mistaken, capricious, malicious or morally reprehensible motives imaginable, yet a worker has no right of action....no right to be employed by any particular employer.’To what extent does
‘The statutory action for unfair dismissal is far superior to a common law action for wrongful dismissal. As such, wrongful dismissal can safely be ignored for all practical purposes.’Critically assess the above statement.
Kenny is a maintenance engineer for ABC in its electronic gadgets department (servicing burglar alarms). Kenny is engaged to service the products sold by ABC to its customers in the customers’ own premises. Kenny is provided with a list of customers and the priority of those jobs, but he is
Jennifer has been employed by All Bright Consumables (ABC) Ltd for the past two years. ABC retails electronic home entertainment equipment. Her tasks include offering sales advice, stock-taking duties, restocking the shelves, and accepting deliveries from suppliers. Jennifer works 40 hours per week
Lord Slynn, in Spring v Guardian Assurance Plc [1994] 3 All ER 129, observed that ‘the changes which have taken place in the employer/employee relationship... [have seen]...far greater duties imposed on the employer than in the past, whether by statute or by judicial decision, to care for the
‘Through the last one hundred years, legislative and common law initiatives have failed to establish a single definitive test to establish the employment status of individuals.’Critically assess the above statement and identify reforms in the law that you deem expedient.
ABC Ltd operates a business of selling specialist cars and difficult-to-source car spares to customers and at auctions. It manages this through engaging representatives for regions around the UK who source the goods on behalf of ABC Ltd. ABC Ltd appoint Billy as its representative for the North
James operates a business, All Bright Consumables (ABC), which trades in DIY goods to electricians and traders. As James is expanding his business in other areas and has become too busy to manage ABC personally, he appoints Brenda to manage the operation. Brenda is engaged ona three-year fixed-term
‘The creation of agency by operation of the rules of common law are dated ‘but still are considered good law.’Discuss the above in relation to necessity and cohabitation.
‘The fiduciary and contractual duties implied into the contract of an agent are fair, albeit they are demanding.’Discuss.
John is the managing director of Widgets and Gadgets Plc and is aware that the company is the target of a takeover by Build ‘em up, Knock ‘em down Plc. John does not believe that such a takeover would be in the best interests of the company and therefore a board decision is made to increase the
Jackson's Paints Ltd is a company in financial trouble and has experienced the following situations and requires advice on, among other things, the validity of the charges applied to its property and how to proceed.Jackson's Paints Ltd decided to attempt to raise funds through the directors’
Michelle and Raj operate a bistro business called Café Culture Ltd in Manchester. They have run the business largely by attempting to build solid foundations through paying themselves a relatively small salary and reinvesting any profits back into the business. The business was originally a
Raz isa minority shareholder (he holds 5 per cent of the shares) of Happy Harry's Bottles Ltd and is concerned by the actions of the directors. The directors are also majority shareholders(holding, jointly, 62 per cent of the shares) who refuse to hold a general meeting when asked to in order to
All Bright Consumables (ABC) Ltd was a successful company, operating primarily a business of developing and selling technology products. It supplied goods to customers directly, but had a particularly lucrative contract to supply its touch screen computers to a sales company(Sign'em Up Quick Plc
Paula has been approached by Jackson and Taylor Estates to join the partnership operating a property development and rental business. Jeffrey (Jackson), one of the partners, speaks with Paula about the offer and Paula agrees. She does not invest money into the business, but rather she says that she
Delia Smythe runs a small catering service from her home, providing hot lunches for the management of three firms in Sheffield. She has two employees—a driver and an assistant cook. She would like to bid for catering contracts at more firms and possibly expand into catering for private dinner
‘Salomon v Salomon was wrongly decided. Its implications have allowed corporations to defraud innocent customers and suppliers, and it has facilitated the creation of sham companies with the protection afforded by the veil of incorporation. Corporations should not possess a legal personality
Sarah works as an employee at Crazy Hair—a hairdressing salon owned by Jason. Peter comes into the salon to have his hair cut and styled by Sarah. As Sarah begins to dye Peter's hair she accidentally puts too much peroxide in the solution and as it is applied to Peter's hair his scalp is burned,
Nigella wishes to develop her cooking skills and consequently decides to purchase a microwave oven. She visits the Electrical Superstore and purchases a new microwave, which she uses successfully for the first time to cook a meal for her family. The second time she uses the microwave she uses the
Tom and Jerry are commuters. They regularly caught the same train together. In this way they had become friends socially. One Monday morning, Tom, a stockbroker, remarked to Jerry that British Bailout Ltd were an extremely attractive proposition on the stockmarket. Being a teacher, Jerry knew
Kirk runs a firm of estate agents who provide a service of surveying and valuing properties, including domestic dwellings.Henry approaches Kirk and states that he would like a house valued at £500,000 to have a full survey before he decides whether to proceed with the purchase or not. Kirk accepts
‘The case of Alcock v Chief Constable of South Yorkshire identified the rules to be satisfied before a successful claim as a secondary victim could be made. The judgment demonstrates the problems and practical difficulties in successfully establishing a claim where the claimant has not suffered
To what extent is a professional advisor liable in civil law for their misstatement and how does the law seek to regulate their activities and liabilities?
Alan is employed by Tasty Butchers (TB) Ltd to deliver meat to various retailers. Alan is expressly told not to race or drive dangerously in his company vehicle. However, today Alan ignores this instruction and decides to race against the driver of their rival company, Crusty Butchers Ltd, when the
All Bright Consumables (ABC) Ltd has recently diversified its business into supplying and fitting quality kitchens and bathrooms. Part of this business involves the company manufacturing its own tiles and furniture to offer the full bespoke service that it believes customers want. Dora is employed
Critically assess the defences available to a claim of nuisance. Do you feel they are fair or at least adequate and what suggestions could you make for improvements? Justify your answer through a critique of the case law.
Cases such as Bolton v Stone and Miller vJackson provide examples of the different approaches taken by the judiciary in relation to determining whether a defendant has breached his/her duty to take reasonable care. Describe the tests used to establish the negligence of a defendant and explain how
Joshua books a holiday with Super Skiing Holidays Plc who specialize in holidays for single people. Joshua books for a two-week vacation to a resort in Switzerland. The brochure describes the resort as hosting a ‘house party’ where live entertainment will be provided every night and there will
In June 2010 Ben entered into a contract with Wagner Brothers Ltd to write a script for an intended play that Wagner Brothers Ltd was to provide to Apollo's Theatres Ltd. Apollo's intended to use this for several performances it had scheduled for November 2011. The contract provided that Ben was to
Identify the methods in which contractual obligations may be discharged. Specifically comment on the differing approaches taken by the judiciary in relation to discharge through frustration.
‘The equitable remedy of specific performance is harsh, unfair, and it exposes vulnerable people to potentially unsound contractual obligations. It should be abolished and replaced with a common law damages assessment.’With reference to case law, critically assess the above statement.
Larry wishes to purchase a van for his domestic use of transporting equipment for his hobby of surfing. He visits Vans and only Vans Ltd (a company specializing in selling used vehicles)and views a white van with a notice in the window reading:‘1990 Ford Escort Van. 100,000 miles; 1.8 litre
Jessica and her family were shopping for various goods and have experienced the following:Jessica's son Buzz broke his mother's bone china vase. He visited a DIY shop and explained to the store assistant what had happened and how he needed to fix the vase before his mother returned home. The
Given that many of the cases involving the statutory protections in the sale of goods are disputes between businesses, how fair has the application of the reasonableness test been in UCTA?
‘Consumers have always been in a poor bargaining position with traders and those running businesses. Parliament was right to equal the balance of power through its intervention with various protective statutes.’Critically discuss the above statement with reference to the legislation passed and
‘Employment law is one jurisdiction of law that, whilst dominated by statutory intervention, continues to be underpinned by ordinary contractual principles. This is particularly true in relation to the doctrine of implied terms.Assess the role played by implied terms in employment relationships
Sarah works for a local school and travels to work each day by car. She usually parks on a nearby piece of waste ground, but was unable to do so last week because of flooding. Instead, she parked her car in the multi-storey car park. A notice just inside the entrance to the car park states:‘The
ALtd and Z Ltd are negotiating for the charter of a ship on an 18-month contract. A Ltd is concerned that the goods to be shipped in the vessel reach the customers on time or it will face penalties and may also lose business. Therefore A Ltd has inserted the following clause in the contract:‘It
Eric is searching for a residential property to rent. He views a flat being offered for rent by Fabulous Flats and Furnished Properties (FFFP) Ltd, a very commercially aggressive firm which attempts to sign residents to contracts as soon as possible. Following his viewing of this first flat, FFFP
‘It is much better, when possible, to claim for a breach of a contractuahterm than to argue a misrepresentation has occurred.’Critically assess this statement.
Delia is the managing director of ABC Ltd. She arrived at the company’s head office to discover the building was ablaze. She called the emergency services and when the firefighters arrived at the scene Delia told them that the contents of her office were extremely valuable and contained
All Bright Consumables (ABC) Ltd manufactures PC components. It runs this aspect of its operation from a factory that it leases from JJ Industrial Rentals Ltd (JJ), and the machines used in the production process are rented from iMachines and Tools Ltd (iMachines Ltd).Given the economic crises in
‘Privity of contract is such an antiquated doctrine, resplendent with exceptions and caveats, that its practical effect is meaningless.’Discuss this statement in relation to business agreements.
‘The presumptions advanced in the assessment of whether parties intended an agreement to create legal relations are wrong. It provides for uncertainty and inconsistent judgments, and should be made more transparent (particularly necessary for vulnerable people).’Discuss.
Jack is considering selling his prized collection of comedy books to Diane. On Monday Jack writes to Diane offering to sell the collection for £100 and he further, provides that he will keep the offer open until Thursday at Spm. On Tuesday, following a change of mind, Jack sends a fax to Diane
All Bright Consumables (ABC) Ltd (based in the UK) has developed a new tablet computer, and in addition to selling this to customers, it also sells the components it has developed for these devices to PC manufacturers. ABC now wishes to expand the business and sell the components directly to the
Mr Merchant was a part-time judge who wished to join a pension scheme run exclusively for members of the judiciary. However, the rules of the pension scheme specifically preclude part-time judges paid a daily fee. Fee-paid part-time judges are not considered as workers under English law and as such
Explain how the European Court of Justice and the relevant Treaty provisions determine where an undertaking holds a dominant position in a market (as defined in Art. 102 TFEU) and how it may abuse that position.
Critically assess the rationale for the changes to the EU’s infrastructure following the ratification of the Treaty of Lisbon. In your answer explain why the changes were deemed necessary and how itis likely to improve on decision-making and transparency on matters affecting the Member States.
ABC Ltd has experienced the following problem with one of its major customers and requires appropriate advice to ensure an effective resolution. ABC has a significant corporate customer, BigByte Ltd, which regularly places very large orders for PC components. However, while ABC provides BigByte
Janet was recently shopping in a retail outlet of All Bright Consumables (ABC) Ltd. She asked the sales assistant to recommend a Personal Computer (PC) for her to purchase having given him the information he asked for. Janet was very clear that whilst she had little experience of computing, she
‘There are various ways of looking at (the Supreme Court): as a change of place and name which was of major constitutional importance; as an interesting social experiment, which left it to the Justices to create a new set of rules and conventions to replace those that regulated their conduct in
‘Courts are intimidating, daunting and expensive ways of resolving disputes.’Critically assess the above statement with specific reference to the benefits provided by tribunals in the administration of justice.
The (fictitious) Police and National Security Act 2005 provides that, in relation to the increased security risks from terrorist activities in recent years, retailers may not offer for sale prohibited items. The list of prohibited items identified in the statute includes radio-based devices which
The planning department of Redmount Borough Council (RBC) has been given the power(through delegated legislation) to build a new road through parkland. This legislation will enable the compulsory purchase of farmland and privately owned parkland where necessary to facilitate the build programme.
‘Delegated legislation is a necessary requirement for the effective functioning of the legislative process, it is a purposeful use of expertise, and it enables Parliament to concentrate on issues of national significance.’Discuss.
‘Governments in the UK are elected to create legislation; however, this power may be abused if accountability is not ensured. The role of the Government in this respect therefore requires a system of checks and balances to be exercised to ensure public scrutiny,’Identify how Parliament can
You have recently been appointed as the Human Resources Director of ABC Ltd. The company is aware of the requirements on the board of directors from the Companies Act 2006, s. 172, the Equality Act 2010, and the Human Rights Act 1998.Write a briefing memo to the members of the board as to the most
All Bright Consumables (ABC) Ltd operates a business involving the manufacture and sale of various electronic gadgets. The electronics division has seen rapid expansion in the past few months following the successful manufacture and sales of a new tablet computer.As such it wishes to reorganize the
‘The UK requires a formal written constitution if fundamental rights, evident in most democratic jurisdictions, are not to be abrogated by governments which rely on the apathy of the general public to remove essential protection against tyranny.’Discuss.
‘The dualist constitution of the UK is a detriment to individuals as it provides the State with the choice of adhering to international agreements or not. Given this deficit of the constitution, international treaties are not worth the paper they are written on.’Critically assess the above
Agents are always liable for their own torts.
Ratification means that someone agrees to an act that he had not originally authorized. A ratified transaction is treated as if it had been authorized from the beginning.
Under the theory of estoppel, no one may claim that a person was not his agent if he knew that others thought the person was acting on his behalf and he failed to correct their belief.
A principal is bound by the contracts of the agent if the agent has express, implied, or appar- ent authority. The principal is also bound by the contracts of the agent if the principal is estopped from denying the agent had authority, or if the principal ratifies the acts of the agent.
Penny Wilson went to Arlington Chrysler- Plymouth-Dodge to buy an automobile. Penny told Arlington that, as a minor, she could not buy the car unless she obtained credit life insur- ance that would pay the balance of any loan owing if her mother died. She also disclosed that her mother had cancer.
David and Fiona Rookard purchased tickets for a trip through Mexico from a Mexicoach office in San Diego. Mexicoach told them that the trip would be safe. It did not tell them, however, that their tickets had disclaimers written in Spanish?
ETHICS Radio TV Reports (RTV) was in the business of recording, transcribing, and monitor- ing radio and video programming for its clients. The Department of Defense (DOD) in Wash- ington was one of RTV's major clients. Paul Ingersoll worked for RTV until August
This is a tale of marital woe. At the urging of her husband, Phyllis Thropp placed $40,000 in a brokerage account with her husband's friend Richard Gregory, a broker at Bache Halsey. Mrs. Thropp opened the account in her name alone and did not authorize Gregory to discuss the account with Mr.
In the case of a power coupled with an interest, only the agent has the right to terminate the relationship.
CPA QUESTION In general, which of the fol- lowing statements is correct concerning the pri- ority among checks drawn on a particular account and presented to the drawee bank on a particular day?
Rev. Janet Hooper Ritchie knew that the shoe store at Buckland Hills mall in Manchester, Con- necticut, would not accept a Discover credit card, so she stopped at an ATM for a $100 cash advance. Ritchie, a Congregational minister, inserted her card only to have it returned with a slip that said her
The following article appeared in the Los Angeles Times. Is there anything Elowsky could have done to reduce Prudential Bache's losses? A former Prudential Bache Finance vice presi- dent testified Friday that she accepted a $2-mil- lion postdated check from ZZZZ Best carpet cleaning kingpin Barry
Hassan Qassemzadeh had an account at the IBM Poughkeepsie Employees Federal Credit Union.
Banks and other financial institutions must disclose to consumers any non-public information they wish to reveal to third parties. A financial institu- tion cannot disclose this private information if the consumer opts out (that is, denies permission).
If a bank issues a payment order to the wrong per- son, the bank is liable for the full amount of the payment.
When a thief uses a stolen ATM or debit card to withdraw money from a bank, the consumer is not liable for more than $50, provided she notifies the bank within two business days that the card has been stolen.
If, within 60 days of receiving a bank statement, a consumer tells the bank (either orally or in writ- ing) that the account is in error, the bank must investigate and report the result of its investigation to the consumer within 10 business days.
If a bank sends an electronic fund transfer card (for example, an ATM card) to a consumer who has not requested it, the card must be invalid until the consumer requests validation.
A substitute check is legally the same as an original check. A bank that transfers or presents an elec- tronic or a substitute check gives a warranty of legal equivalency. The bank is warranting to the drawer, the payee, the depositor, any indorser and to any bank that receives the check that the
If a bank pays a check over a stop payment order, it is liable to the customer for any loss he suffers as a result. The bank is subrogated to the rights of both the customer and the payee.
A bank has no liability for paying a check before its date unless the customer notifies the bank in advance that the check is coming.

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Business Law And The Legal Environment 4th Edition Jeffrey F Beatty, Susan S Samuelson - Solutions

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