Applying the Concepts of Contract and Tort Law to Business Essay Assignment | Online Assignment

Describing and Interpreting Legal Considerations in Contemporary Business Essay. Students will review three cases and compose a single formal, APA-formatted paper responding to the questions posed with each case (Do not prepare three different papers). The entire composition should be no more than 1200 words (word count excludes title and reference pages). Additional considerations when drafting this composition: • Support – appropriate citation to both class materials and student research is used support the analyses presented • Writing – ensure strong sentence and paragraph structure are provided; few or no minor errors in grammar and spelling appear; the work represents appropriate scholarly and professional writing style with clear and concise language and without unsupported comments. Overall, a reader would observe the writing style is appropriate for a college student. • Format – the composition utilizes proper 6th edition APA used throughout and in references with no more than one significant error. APA headings are used to organize content and the logical flow of writing • Length: 1200 words (excluding the title page and references)

Week 16 Assignment

Describing and Interpreting Legal Considerations in Contemporary Business Essay

24 points/24% of final grade

Describing and Interpreting Legal Considerations in Contemporary Business Essay.  Students will review three cases and compose a single formal, APA-formatted paper responding to the questions posed with each case (Do not prepare three different papers). The entire composition should be no more than 1200 words (word count excludes title and reference pages). Additional considerations when drafting this composition:

• Support – appropriate citation to both class materials and student research is used support the analyses presented
• Writing – ensure strong sentence and paragraph structure are provided; few or no minor errors in grammar and spelling appear; the work represents appropriate scholarly and professional writing style with clear and concise language and without unsupported comments. Overall, a reader would observe the writing style is appropriate for a college student.
• Format – the composition utilizes proper 6th edition APA used throughout and in references with no more than one significant error. APA headings are used to organize content and the logical flow of writing
• Length: 1200 words (excluding the title page and references)
• Submission: Provide the composition in Microsoft Word format as an attachment in the Blackboard submission tab. Due by Sunday, Week 16 before 11:59 pm.

            Course Learning Outcomes: 1, 2, 3, 4, 5, 6

Cases

Case #1: LookUP v. Zucker

Zucker purchased a mobile phone that included LookUP’s software, a database product containing information from 3,000 telephone directories. Every mobile phone sold with the LookUP software was wrapped in plastic shrinkwrap and prominently featured text notifying buyers that an enclosed license restricted use of the LookUP software product. After removing the cellophane cover and opening the mobile phone box, buyers could access the printed LookUP license. Moreover, consumers could not use the LookUP software product without first accepting the license posted on the screen. This license prohibited buyers from using the database commercially.

Zucker, a college student, bought a mobile phone with LookUP software and then resold the database’s information on the internet to make some extra money for tuition. LookUP sued Zucker, who argued that the license did not apply to him because he never agreed to it. Zucker claimed the phone he purchased was not wrapped in plastic and was presented to him unboxed. Zucker also claimed he never read the license agreement because he “just ‘clicked’ through the screens.

1. Did Zucker enter into a valid and enforceable contract with LookUP, under the U.C.C. that included the terms of the license? Why or why not?
2. Did Zucker enter into a valid and enforceable contract with LookUP under the common law applicable to contracts? Why or why not?
3. Considering the position of Zucker, as a seller of information on the internet, what is the business lesson to be learned?
4. Consider the position of LookUP, as a software company, what is the business lesson to be learned?

Case #2: Blackburn vs. Super Fun Co.

Kim Blackburn, the Plaintiff, rented a bounce house from the Defendant Super Fun Co., as entertainment for her son’s birthday party. Dan Farmer, an employee of the Defendant, installed the bounce house in the backyard of the Blackburn’s home the morning of the party. During the installation, Farmer was in a hurry and forgot to place stakes and ties, which would secure the bounce house to the ground. During the party, a strong wind lifted the bounce house, as well as its occupants, 50+ feet in the air. Upon its descent, the bounce house slammed into the Plaintiff’s home causing damage to her roof and injuring her son, Sam. Both Kim and Sam Blackburn brought suit against Super and Farmer for negligence seeking damages for the home’s roof and Sam’s injuries.  Super Fun Co. claims Kim Blackburn is contributorily negligent for the severity of Sam’s injuries. Kim used Great Glue to close a laceration to Sam’s eyebrow but accidentally dripped glue into Sam’s eye causing partial blindness.

1. To what extent is Super Fun Co. liable to Kim Blackburn for the damage to her roof due to the negligence of Dan Farmer?
2. To what extent is Super Fun Co. liable to Sam Blackburn for the injuries to his eye?
3. Suppose that Super Fun Co.’s insurance pays both Sam and Kim’s claims does Super Fun Co. have standing to bring an action against Dan Farmer? If so, what type of claim and on what legal basis?
4. What are the business lessons that may be learned from this scenario?

Case #3: Reed vs. American Credit Card  

Reed, a manager for XYZ Products, issued company checks to pay his personal debts.  So that no one in the company would know what he was doing, he disguised the name of the payees.  For example, to pay his American Credit Card bill, he issued the XYZ check to “American.” XYZ Products sued the recipients of the checks, such as American Credit Card, demanding that the funds be returned.  The trial court ruled against XYZ Products concluding that the Defendant-Payee, American Credit Card, was a holder in due course and thus took the checks free of any claims or defenses.

1. Was the trial court correct in ruling that American Credit Card is a holder in due course? Why? What law is applicable?
2. Can Reed be held criminally liable for his actions? Why or why not?
3. Can Reed be civilly liable for his actions? To whom might Reed be liable and for what?
4. What is the business lesson to be learned from this case? Is this a fair result based on public policy constructs applicable to property law?