Question
For this assignment I really really need help with the questions below there could be for research anywhere I really am unsure. for this I
For this assignment I really really need help with the questions below there could be for research anywhere I really am unsure. for this I tend to get very confused on how to interpret things completely:( thank you
DIRECTIONS:
- Read the hypotheticals and answer the questions
- Be sure that your answers are written in complete sentences and that you explain your answers with sufficient detail and support.
- You may also use additional relevant and authentic sources from your own research. Be sure to cite any and all materials used to support your answers.
MAIN FACTS FOR HYPOTHETICAL:
CompTac, Inc. is one of the leading software manufacturers in the United States. Its corporate headquarters is located in San Francisco, California. The company invests millions of dollars each year in researching and developing new software applications and computer games that are sold worldwide. It also has a large service department and has taken great pains to offer its customers excellent support services.
QUESTIONS:
- CompTac routinely purchases some of the materials necessary to produce its computer games from a New York firm, Electrotex, Inc. Assume a dispute arises between the two firms as a result of one of their transactions and CompTac wants to sue Electrotex for breach of contract.
a) Can CompTac bring suit against Electrotex in California state court? Why or why not? Be sure to discuss long-arm jurisdiction in your answer.
b) Would CompTac be able to bring suit against Electrotex in federal court? Why or why not? Be sure to define and explain the requirements for diversity jurisdiction in your answer.
2. A CompTac truck is delivering goods from a CompTac warehouse to one of CompTac's retail stores. As the truck is driving through the parking lot, the latch on the back door of the truck unexpectedly disengages and a crate falls out of the truck. The crate falls in the path of a customer walking through the parking lot and the customer trips over the crate and breaks her leg. The customer sues CompTac for her injuries, alleging negligence.
a) Discuss each of the four elements of negligence and whether each of the elements might (or might not) be satisfied in this case. In your discussion, be sure to address the factors that would impact the success of her lawsuit, including the foreseeability of the accident and the injury.
3. One of CompTac's best-selling products is a computer game that includes some extremely violent actions. Groups of parents, educators, and consumer activists have bombarded CompTac with letters, petitions and emails calling on the company to stop selling the product. CompTac's executives are concerned about the public outcry, but at the same time they realize that the game is CompTac's major source of profits. If CompTac ceased marketing the game, the company could go bankrupt.
a) If you were a CompTac decision maker, what would your decision be in this situation? How would you justify your decision from an ethical perspective? Use the WPH framework when answering these questions.
4. Roban Electronics is a rival software manufacturer and is one of CompTac's major competitors. Roban has been trying to convince one of CompTac's key employees, Jim Baxter, to come to work for Roban. Roban knows that Baxter has a written employment contract with CompTac, and that Baxter would breach this contract if he went to work for Roban before his contract with CompTac expires. Assume that Baxter does breach his contract and goes to work for Roban, and the departure of this key employee causes CompTac to suffer substantial losses due to delays in completing new software.
a) Can CompTac sue Roban to recoup some of these losses? If so, explain what CompTac's cause of action would be and why.
5. In 2020, Roban Electronics underwent some restructuring as a result of the pandemic. This restructuring was unsuccessful and resulted in a precipitous drop in profits during 2021. At a staff meeting at the end of January 2022, the CEO of Roban Electronics told the staff that the company might not survive and that it was likely that Roban would either be bought out by CompTac or would merge with another firm. The CEO asked all employees to continue working for Roban in the meantime and, if a buy out or merger occurred, the CEO promised the employees that they would each receive a percentage of the value of the sale or merger as a reward for staying. In May 2022, Roban merged with another software company. Twenty-five Roban employees were still with the company at the time of the merger and these employees sought to collect their percentage of the value of the merger. The company refused to pay on the grounds that there was no enforceable contract formed between Roban's CEO and the employees.
a) Was there a valid contract formed? List the four elements of a valid contract and explain whether each element was/was not fulfilled by these facts.
b) Would this be a unilateral or bilateral contract? Explain.
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