The Cardigan family has made a name for themselves in the sweater industry whereby they have designed sweaters for a variety of uses and for a wide target audience ranging from toddlers to business professionals. Cassandra, whom everyone calls Cassie, is the CEO of CARD WARE Inc., Camoni is the spokesperson for the sweater line, and Candie models the lines in the professional sphere. They often use their mother, Camille, as a business consultant for input about various new ideas and marketing because she was the manager and agent of her son's glove company. Cora and Caley, Camille's two youngest daughters from her second failed marriage to Bo Jenkins, are co-office managers of their headquarters located in Silkadonia.

CARD WARE is growing by leaps and bounds. It has now opened 10 new stores nationwide under the name "The Sporty One." It has been agreed by the Board of Directors at CARD WARE Inc. that each store shall have a general manager and assistant manager who both were to act as sales persons and one additional sales person. The slogan the store advertises its sports ware with is "You don't have to be an athlete to look and feel like one." The current sports ware that "The Sporty One" carries shows a clothing distribution of 60% for females and 40% of its line is for males. However, it would eventually like for it to be a 50/50 distribution. The Cardigans research has demonstrated that the trend has been more female than male shoppers. Further, following the marketing theory of many high end clothing stores, CARD WARE prefers slender, young employees to work for it, so that the clothing line can keep with the image of being sporty.

Petunia Rotunda, a middle aged, slightly plump woman saw an ad online for a salesperson for The Sporty One and applied for the position. The ad read as follows:

WANTED: Salesperson experienced in retail sales or marketing preferred, energetic, youthful, athletic, and able to "sport" the clothing lines of The Sporty One with style. The Sporty One is a division of CARD WARE Inc. and proud to be an Equal Opportunity Employer.

Petunia has had 5 years of retail experience working in a garden shop that did have some flannel shirts and aprons as well as gardening gloves for sale. Noah Dahl, a college graduate in marketing also saw the ad and applied for the salesperson position at The Sporty One. Noah, a slender racquetball player has not had any retail experience but has had customer service experience for an online gaming company.

After interviewing both applicants, CARD WARE's General Manager, Chloe, one of the cousins of the Cardigan clan has decided to hire Noah. Petunia was outraged claiming that she should have been hired and that she has been discriminated against based on her age. CARD WARE contends that Noah was more qualified as per the advertisement as well as company image and future plans for the company; age had nothing to do with it.

Noah began work the following week. Still angry, Petunia visited The Sporty One. She began to harass Noah to the point where other customers started to leave the store. Having had enough insults, Noah grabbed Petunia by the arm and shoved her towards the door. She stumbled and ran into one of the clothing racks and thereafter knocked over 92-year-old Hetty Whitestone who was passing by the mall store. Hetty suffered a concussion and died.

Using the above facts given, please label with headings and discuss the following in this order:

PART I:

Did CARD WARE have genuine BFOQs (Bona Fide Occupational Job Qualifications) in its ad?

Do not forget to review the company's slogan as given in the above facts.

Be sure to discuss Petunia's point of view as well as CARD WARE's position and defenses.

Use legal authority to support your position as well.

PART II:

If Petunia brings a lawsuit based on negligence against CARD WARE and The Sporty One, will CARD WARE be responsible for Noah's behavior? If so, under what theory?

What defenses might CARD WARE assert?

If Hetty White stone's estate claims that CARD WARE should be responsible for Hetty's death, will it?

What defenses might CARD WARE utilize?

Alldentify and explain the key financial, legal and regulatory influences which impact on financial statements produced and published by Hong Kong Public Limited Companies and Partnerships and Explain how the key legal and regulatory influences are relevant to the different users of financial statements.(PLZ GIVE THE REFERENCE, IF YOU TAKE THE INFORMATION FROM INTERNET IN RESPECT OF HONG KONG) B) Considering the annual accounts of sole traders, partnerships and public limited companies (plcs), identify for each of these any compulsory presentational format or publication requirement and discuss the main aspects of the regulatory framework which must be observed when reporting these accounts. PLZ WRITE IN DETAILUunivers'rty first year BUSINESS LAW - Introduction to company law Chapter 1.5 Introduction to company law Short Answer Questions [end of chapter p 432}: 1., 2. 4 and 5 Why is a director considered to be a fiduciary? Explain 1ivhat is meant by the duty to act 1ivitl'. due care, skill and diligence. 4L Briey explain what a related party transaction ls, why disclosure ls required at board level and why member approval of the transaction ls required. 5. Why does an Insolvent company or a com parry nearing Insolvency have to consider the Interests of creditors when making decisions conoemlng the allocation of company resources? 1 . which is not a legislative body of the People's Republic of China? A. NPC C. CCA B. SCNPC D. The State Council 4. Who of the following persons have sufficient capacity to settle a contract? A. Minors B. Mentally incompetent persons C. University students shove 20 years old D. Intoxicated persons 5. In which of the following circumstances the contracting party has no excuse for non-performance? A, flood B. earthquake C. continuous rainfall D. volcano eruption 6. Who could not be a legal representative of a company according to China's Company law? A. chairman of the BOD B, supervisor C. manager D. acting director 7. According to China's Company law, who of the following persons could be eligible for appointment as a director, supervisor or senior manager of a company? A. A person who has been convicted crime of corruption B. A physical disabled person who has full civil capacity C. A former director of a company which has been declared bankrupt where he was personally responsible for the bankruptcy D. A person who has significant unpaid debts. 8. Which of the following FIE forms is not a legal person? A. CJV B.EJV C. Branch office D.IHC 9. According to China's company law, a company may not purchase its own shares in which of the following circumstances! A. to reduce the registered capital B. to merge with another company that holds its shares C. to reward the staff of the company with shares D. to escape some tax Page 2 7 pages in totalLambda - Arrival Rate (Calls per Minute) Mu - Service Raie(Calls per Minute) Servers 11: Time Server Bus rho Probability of 0.503 0.333 0.1 10 0.030 0.01 2 0.0003 0.00003 In the s stem CUSTOMERS CUSTOMERS CUSTOMERS 0.74 0.07 0.03 0.01 TIME (Minutes) TIME (Minutes) TIME (Minutes) Time in System t(s) Y 4.33 4.38 Time in Line -I Y 0.53 0.03 TIME (Seconds) TIME (Seconds) TIME (Seconds) Time in System I(s) Y 239.7 201 .5 Time in Line I Y 31.7 3.5 Number in System n(s) Number in Line n I Y Y Discuss the importance significance in the case of Ashbury Rly Carriage and Iron Co Lid v Riche (1875). ( should have facts, judgment and the important points in the case)