Application of International Law – Assignment due tonight
Monarch Associates, a U.S. computer parts manufacturer, entered into a joint venture with a Russian computer technology company, Vladir Unlimited. The joint venture agreement was signed by both parties but created by Vladir and had an arbitration clause that called for all legal and nonlegal disputes, to be arbitrated in Russia. Vladir could also choose arbitrators from a panel maintained by the Russia Arbitration Institution. The panel members live in Russia.
Monarch now contends that a legal dispute with Vladir should be handled in the United States. Vladir insists that the dispute should be handled in Russia.
Using your textbook, the Argosy University online library resources, and the Internet, research international law and its application to companies such as these. Write a five-page paper in Word format. Apply APA standards for writing style to your work.
Use the following file naming convention: LastnameFirstInitial_M1_A3.doc.
Respond to the following questions in your essay:
- What laws govern arbitration in the U.S.? In Russia?
- In your opinion, in which country should the dispute be handled?
- What are the advantages and disadvantages for Monarch Associates under the arbitration arrangement?
- If you were Monarch Associates’ in-house counsel, what advice would you give them on negotiating future joint ventures with Russian businesses?
- What other considerations should Monarch Associates keep in mind in the formation of any future contracts with foreign companies?
Module 2- M2 assignment 1 DISCUSSION
Assignment 1: What About the Contract?
Maynard, 18, was shopping for his first car. With a mere $4,000, he was hoping for a deal. He found a used convertible 1979 Mustang at Pierre’s Awesome Car Place for $5,000. Pierre claimed that the Mustang was “one of a kind” and “the best car in town.” He said “the engine and brakes are in tip-top shape.” Pierre even promised to bring the price down to $4,000, if Maynard agreed to buy it that very day.
Maynard immediately signed an agreement that contained an “as-is” clause and drove off in the car. Two days later, the brakes failed while driving and Maynard crashed into a tree. The front of the car was damaged and Maynard sustained mild injuries. Infuriated, Maynard immediately towed the vehicle back to Pierre’s and confronted him. Pierre shrugged it off, saying, “Too bad, bad brakes or not, you agreed to the “as-is” clause in the contract!”
Now Maynard does not know what to do. He has lost two weeks of work pay due to the injury, a damaged car that cost him $4,000, and physical pain and mental trauma. To make things worse, Maynard discovered the car’s fair market value was actually only $1,500 at the time of the purchase.
Research contract concepts related to formation and defenses to enforcement using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and your research, respond to the following questions:
- Was a valid contract formed between Pierre’s and Maynard? Explain.
- If a valid contract was formed, does Maynard have any arguments to have his money refunded?
- What are Maynard’s rights under the Uniform Commercial Code (UCC) with respect to the “as-is” agreement he signed?
- What damages, if any, can Maynard sue Pierre’s for?
- Discuss any ethical issues concerning Pierre’s behavior.
By Saturday, January 24, 2015, post your response to the appropriate Discussion Area. Through Wednesday, January 28, 2015, review and comment on at least two peers’ responses.
Assignment 2: Be Careful What You Sign
Sudson Washer and Dryer Service is in the business of leasing used washers and dryers to apartment landlords for a contracted lease term. The coin-operated machines are used by apartment tenants. Letisha, 25, a human resource clerk, owns a five-unit apartment complex. While she resides in one of the units, the others are occupied by tenants. Sudson contacts Letisha and offers to lease one washer and one dryer.
The washer and dryer in Letisha’s apartment complex are old and worn-out. Anxious to keep her tenants happy, Letisha meets with Sudson’s salesman who presents her with a one-page agreement for the use of one washer and dryer for five years. The five-year term is standard and the front page of the contract states the lease period. Letisha (as lessee) and the salesman for Sudson (as lessor) sign the front page of the contract and Letisha retains a copy of the signed agreement.
The salesman did not inform Letisha of, nor did she bother to read the back of the agreement which contained additional terms, one of which is an ”automatic renewal” clause that states: “If the lessee fails to provide a 90-day written notice to terminate the contract by certified mail to the lessor, the five-year lease term period shall automatically renew for three additional five-year terms and shall only be subject to termination by the lessor.”
Letisha uses the machines for the five-year period and just a few weeks prior to the end of the term, calls Sudson to provide them with a courtesy notice saying she is not going to renew her agreement. The operator replies that since she failed to provide the 90-day written, certified notice of termination, the lease will be renewed for three five-year terms or another 15 years.
Letisha says that she never saw that clause. The operator replies that it was her obligation to read the back page of the agreement and Sudson will require her to make monthly payments for the next 15 years. Letisha does not know what recourse she now has.
Research whether Letisha has a contract formation or enforcement defense based on the legal and ethical use of automatic renewal clauses in lease agreements, using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, write an analytical paper. In the paper, respond to the following questions:
- If Letisha does not pay and Sudson sues her for breach of contract, what legal arguments could be raised in Letisha’s defense against the enforcement of the automatic renewal clause? Explain.
- What legal arguments could be raised by Sudson in support of the enforcement of the automatic renewal clause against Letisha? Explain.
- What ethical issues are raised, if any, by Sudson’s practice of using the automatic renewal clause in their lease agreements? Explain.
- Does the Uniform Commercial Code Article 2A apply in this case? Explain.
- Are there any government or private entities available to Letisha for lodging complaints about businesses which treat consumers unfairly? Explain.
- If Sudson sues Letisha for breaching the contract’s automatic renewal clause, what do you think the outcome of the case will be? Explain.
Write a five-page paper in Word format. Apply APA standards for writing style to your work.
Use the following file naming convention: LastnameFirstInitial_M2_A2.doc.
By Wednesday, January 28, 2015, deliver your assignment to the M2: Assignment 2 Dropbox.
Module 3 assignment 1 DISCUSSION
Assignment 1: White-Collar Crime
Victor and John work as software installers and program developers in the computer division of the Social Security Administration (SSA). SSA purchased software which was customarily installed by both Victor and John. SSA was licensed to make copies of the software for use by their employees during their employment, but not for resale to the public or for profit.
Victor and John are also partners in a small computer business. Victor started using some SSA software in his business, without the knowledge or consent of SSA. He told John that he would use it only for testing and not for profit. However, the “testing” of the software generated profit for their business. John did not want to continue using the software without SSA consent. Victor believed the SSA would not grant permission and convinced John not to disclose their secret use of the software.
Research business law in regard to software use using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, respond to the following questions:
- What white-collar crimes, if any, did Victor and John commit? Explain each individual’s crime separately.
- What ethical leadership and management violation has Victor committed? Explain.
- What legal protection is available to John if he decides to inform the SSA about the software use? Explain.
By Saturday, January 31, 2015, post your response to the appropriate Discussion Area. Through Wednesday, February 4, 2015, review and comment on at least two peers’ responses.
Module 3 – Assignment 2
Assignment 2: LASA 1: Legal and Ethical Leadership and Management
Mathis, Inc. is a designer and manufacturer of women’s clothing and specializes in high-end women’s winter fashions. Normandale, a retailer, sells high-end products in malls throughout the country. With Mathis’s high costs, Normandale is unable to make a profit from the sale of Mathis’s products.
Countess Lori-Ann (CLA) is a Mathis competitor. Normandale sends photographs and samples of the Mathis line to CLA and instructs them to make an identical line at a lower price. Mathis labels are easily discernable in the photographs and the samples have the Mathis label attached. CLA copies the Mathis line for Normandale.
CLA sells the clothing to Normandale at a low price allowing Normandale to sell the products for a total gross profit of nearly $3 million, an increase of nearly 50% over its sale of Mathis products. Mathis discovers that Normandale is selling counterfeit products, and sends several cease-and-desist letters to them—to no avail. Mathis then sues Normandale alleging Normandale has engaged in illegal conduct. Normandale counters that it did nothing wrong.
Research business law in regard to protection of intellectual property using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, write an analytical paper. In the paper, respond to the following questions:
- Was it ethical for Normandale to sell the alleged knock-off products at a lower price? Explain.
- What federal or state laws protect owners of intellectual property? How do they apply here? Explain.
- What damages, if any, has Mathis suffered because of Normandale’s conduct? Explain.
- What are the differing views on the social responsibility of corporations like Normandale?
- What ethical code could Normandale implement to prevent similar incidents in the future?
- Do the owners of Normandale have personal liability to Mathis for damages? Explain.
- Do the owners of Normandale have personal criminal liability for their conduct and that of the business? Explain.
Write a five-page paper in Word format. Apply APA standards for writing style to your work.
Use the following file naming convention: LastnameFirstInitial_M3_A2.doc. For example, if your name is John Smith, your document will be named SmithJ_M3_A2.doc.
By Wednesday, February 4, 2015, deliver your assignment to the M3: Assignment 2 Dropbox.
Module 4 assignment 1 DISCUSSION
Assignment 1: Stolen Credit Card
Lori received a credit card in the mail from a company that had taken her name and address from a white pages directory without her knowledge. Upset about the unauthorized use of her name, Lori planned to contact the company to lodge a complaint. Before she could do that, her roommate stole the card and charged thousands of dollars’ worth of merchandise to it without Lori’s knowledge.
The card issuer claimed that Lori was fully responsible for the purchases, while Lori claimed that she should have no liability whatsoever for the purchases.
Research government agencies that provide consumer credit protection or that regulate credit card companies, using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, respond to the following questions:
- If the card issuer sues Lori, who might the court rule in favor of and why?
- Does the Federal Trade Commission (FTC) offer any protection to Lori?
- What ethical issues are raised by the card issuer’s conduct?
- What can you do to protect yourself from something like this happening to you?
By Saturday, February 7, 2015, post your response to the appropriate Discussion Area. Through Wednesday, February 11, 2015, review and comment on at least two peers’ responses.
Module 4 – Assignment 2
Assignment 2: Unhealthy Lunches
Drive-In Don’s fast food restaurant sells the most delicious burgers in town at the most affordable price. Elementary and high schools in the vicinity have contracted with the restaurant to serve burgers during lunch hour. However, the county health department’s one-year study shows that children from these schools have the highest cholesterol, are the most obese, and are the least active.
George and Mary’s son, Randall, 12, attends one of the schools where Drive-In Don’s foods are served. He suffers from extreme obesity and high cholesterol and runs the risk of diabetes.
George and Mary have sued Drive-In Don’s and the school, alleging that Drive-In Don’s is engaging in illegal deceptive advertising of its foods and is not truthful to customers. Further, the lawsuit states that the restaurant purposely fails to provide consumers details of the ingredients of its food products.
Research consumer protection laws and regulations, using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, write an analytical paper (approximately 4-5 pages). In the paper, respond to the following questions:
- Do George and Mary have a case? What are their strongest legal arguments? Explain.
- What defense(s), if any, do the school and the restaurant have? Explain.
- Can the government agencies, such as the Federal Trade Commission (FTC) help the plaintiffs in any way? Explain.
Write a 4-5-page paper in Word format. Apply APA standards for writing style to your work.
Use the following file naming convention: LastnameFirstInitial_M4_A2.doc.
By Wednesday, February 11, 2015, deliver your assignment to the M4: Assignment 2 Dropbox.
Module 5 assignment 2 DISCUSSION
Assignment 2: What Went Wrong?
Friend’s Bank is seeking to hire a new teller. Darrell has applied for the position. His application states that five years ago, he was convicted for embezzlement as a teller. In the interview, Darrell reveals he spent three years in prison and is now on probation for three years. He claims that he turned his life around, became a Christian, and is a law-abiding citizen.
Darrell is invited for a second interview. The first interviewer does not share the information about the embezzlement with the second interviewer. The second interview goes well with no mention about the embezzlement. The second interviewer subsequently hires Darrell. Within three weeks, Darrell starts to flirt with a younger female teller, and on one occasion, actually grabs her behind.
The teller complains to the bank. Darrell’s file is revisited and he is terminated the next day. Darrell contends the termination was because of his race.
Research employee discrimination, using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, respond to the following questions:
- Was the bank justified in terminating Darrell on the grounds of his prior embezzlement conviction? Explain.
- Would the bank have grounds to terminate Darrell even if he had not been convicted of embezzlement? Explain.
- Does Darrell’s behavior with the female teller constitute sexual harassment, and if yes, what type?
- Were there any ethical problems with the way the bank handled the initial and subsequent interviews? Explain.
By Sunday, February 15, 2015, post your response to the appropriate Discussion Area. Through Wednesday, February 18, 2015, review and comment on at least two peers’ responses.