Case Study : Business Law 201

2539 Words6 Pages
bulb-icon

Recommended: ethics in the corporate world

Final Paper Business Law 201 Keith S. Ferguson This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault. Knarles’ company is based in Maryland and does business in DC, Maryland, and Virginia. Ian Chetum’s building is located and the work to be done is in North Virginia. Each territory in the United States, including Washington D.C. has it’s own state courts. If the breach of contract was filed within the first month of business where Mr. Chetum likely only paid between $2000-$4000, this claim could have been filed in a Limited Jurisdiction trial court or a small claims court. Upon the injury of multiple people due to Carbon Monoxide poisoning it is likely that the dollar amount will increase significantly this and the fact that there are multiple state jurisdictions involved will also change how it is handled. This case could be heard in U.S. Federal court if Knarles deems it necessary. Otherwise it will likely be heard in Virginia’s state court. This is so because as stated in our textbooks “State court’s and the courts of Washington D.C. territories of the United States have jurisdiction to hear cases that federal courts do not have jurisdiction to hear.”(Cheeseman pg 31). Another factor to consider is if the hospitalized parties sue Mr. Chetum for negligence. Knarles would be involved in this case as well since it was his firm who did the maintenance. This would likely s... ... middle of paper ... ...e actions of his company and the work they do in the line of duty. He has also employed a plumber without a license and may be found to be at fault for that plumber’s lack of a license. Although Mr. Chetum deserves to be brought to justice it seems that just about everyone who has a hand in the wrong can be held liable even for just following orders. Knarles would be wise to re-evaluate just who he puts his faith in before leaving the state and his business in the hands of a seventeen year old again. Works Cited Business Law 201 Henry Cheeseman Legal environment, Online Commerce, Business Ethics, and International Issues. http://legal-dictionary.thefreedictionary.com/breach+of+contract http://images.findlaw.com/optimost/accident-injury-law/elements-of-a-negligence-case-2.html http://e-lawresources.co.uk/Duty-of-care.php

Show More
Related

  • Pittston Coal Company: Tort Law

    1251 Words  | 3 Pages

    Arnold & Porter chose to sue Pittston rather than the Buffalo Mining Company because the value of the corporation allowed for adequate compensation to the victims. Author and head lawyer for the plaintiffs, Gerald M. Stern, writes that the original goal was sue to sue for $21 million for the disaster to have a material effect on the cooperation (51). To avoid responsibility Pittston attempted to prove that the Buffalo Mining Company was an independent corporation with its own board of directors. The lawyers for the plaintiffs disproved this claim by arguing the Buffalo Mining Company never held formal meetings of the board of directors and was not independent of the parent company. During this case Pittston’s Oil division had applied to build an oil refinery in Maine. The ...

    Read More

  • Sun Ship Case Study

    1087 Words  | 3 Pages

    California and Hawaiian Sugar Company contracted Sun ship to build a vessel. The contract gave Sun Ship almost two years to complete the work. The contract contained a liquidated clause that required Sun Ship to pay 17,000 dollars per day for ever day that the ship was not delivered after the agreed date. The ship was delivered after eight and a half months after the agreed delivery date. During the period, the ship had not been delivered, California and Hawaiian Sugar Company suffered actual losses of 368,000 dollar. The defendant refused to pay the liquidated damages and the plaintiff brought an action to recover the damages.

    Read More

  • Misrepresentation in Business Contracts: Yost v. Rieve Enterprises

    720 Words  | 2 Pages

    v Consolidated Edison Company of New York, Inc., Joc Oil is suing for the right to cure. This right happens between merchants when there has been an issue with items purchased, shipped, or received incorrectly. In this case Joc Oil has contracted to purchase low-sulfur oil from one refinery and to sell that oil to Edison. The oil arrives at Edison and is offloaded into Edison’s storage facility, only to find that the oil exceeds the low-sulfur requirements set in the contract. In past transactions Joc Oil has delivered nonconforming goods, or goods that do not meet the requirements under the contract. Edison has previously allowed Joc Oil to cure by allowing them to deliver conforming goods within the contracted time frame. “A cure may be attempted if the time for performance has not expired and the seller or lessor notifies the buyer or lessee of his or her intention to make a conforming delivery within the contract time” (Cheeseman, 2013). In this case we assume that the testing by Edison that reported the goods as nonconforming is accurate. There are some questions that would need to be answered in order to fully and accurately deliver a verdict on this case. The largest question is: Joc Oil has a cure for the shipment expected to arrive within two weeks, is this within the contract timeframe? If this question is a yes then Joc Oil has the rights to cure the issue at hand. If the answer is no, then a breach of contract may be in the works. Due to the fact that Joc Oil has been allowed to cure the issue in the past, there is a pattern of behavior by Edison, to allow Joc Oil the ability to cure. This would put Joc Oil in a position where there is no breach of contract. Joc Oil in this case has the ability and rights to cure for two reasons. The first being the past history, and the second being the right to cure as guaranteed under the

    Read More

  • Bent Tree Circle Apartments, Inc.: A Case Study

    574 Words  | 2 Pages

    This claim arises out of an incident that occurred on October 29, 2015, at 13630 Bent Tree Circle, Centreville, VA 20120. The insured, Carlos Morales Portillo, was hired by Bent Tree Circle Apartments, Inc. (hereinafter “Bent Tree”) to help remodel and bring their condo units up to code. Specifically, insured was tasked with increasing the strength of the ceiling joists. In order to so, insured was using pieces of plywood to make boxes around the joists for more support. Since the sprinkler system lines run close to the ceiling joist system, insured tried to flex the pvc water lines of the sprinkler system away from the joists in order to slide the plywood next to the joists. One of the water lines was flexed too hard and snapped around the

    Read More

  • Johnson V. Davis Case Summary

    514 Words  | 2 Pages

    In the Supreme Court of Florida case no. sc05-1294 Broward marine, Inc., Broward marine east, Inc. and Dennis Delong v. Palm Beach Polo Holdings, Inc., Broward Yachts, Inc. and Double Eagle Yachts, Inc., they cited Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) in saying that the plaintiff’s case was on the breach of the implied contractual duty to disclose defects in residential property which was mandated in Johnson v. Davis.

    Read More

  • Bus201 Week 1 Business Law Case Study

    609 Words  | 2 Pages

    In this case perhaps McCoy would wish to be a limited partner and be removed from the day to day operations. An option he could choose could be to be a Limited Liability Corporation, may come with additional costs, work and headaches, but even so as we with any business it has its advantages, which includes the flexibility of who manages the business, can be easier to raise capital and add or transfer ownership interests. Owners are no longer liable for business debts, but the

    Read More

  • Negligence In Woburn

    711 Words  | 2 Pages

    W.R. Grace, the company that contaminated the water, is guilty of negligence. The company failed to take reasonable care to protect the community of Woburn from harm. I personally see three main elements of negligence in this court case. The elements are duty, proximate cause, and damages.

    Read More

  • Common Law Case Study

    1370 Words  | 3 Pages

    Our client Ms. Melody Larson (“Ms. Larson”) has contacted our office to seek advice on whether she has any legal recourse. She wants to have Ferdinand Sahayko (“Mr. Sahayko”) to stop his operation of the industrial plant he owns or making him handle the operation in a way that will allow her to be able to return to do business as before. This determination will be based on whether the operation Mr. Sahayko’s plant constitute a nuisance under the laws of Florida.

    Read More

  • Comparing Natural Law to Legal Realism in the case of Carlton versus Walkovsky

    896 Words  | 2 Pages

    According to the facts in this case, Walkovszky was hit by a cab four years ago in New York and the cab was negligently operated by defendant Marches. The defendant Carlton, who is being sued, owned and ran the cab company in which he set up ten corporations, including Seon. Each of the corporations had two cabs registered in its name. The minimum automobile liability insurance required by the law was $10,000. According to the opinion of the court the plaintiff asserted that he is also ?entitled to hold their stock holder personally liable for damages, because multiple corporate structures constitutes an unlawful attempt to defraud the general member of the public.?

    Read More

  • Business Law Case Study Nell Home

    421 Words  | 1 Pages

    Given the situation, as manager of the office, Sara must talk to Nell and tell her that she can not allow her to stay doing her work because she is not fit to comply with them due to her drunken state. However, you must ask her to leave the office and return the next day when she is already sober to talk about the particular situation.

    Read More

  • Business Law

    718 Words  | 2 Pages

    Business owners and managers familiar with the court litigation system understand that high litigation costs and long delays make it difficult and expensive to resolve business disputes in court. They also understand that most civil cases that go to court are settled before trial. They are solved after spending considerable amount of time and money in the complex pre-trial phase, but just in time to avoid the risk of trial. Mediation and commercial arbitration provide superior solutions that help in resolving business disputes. Mediation puts the parties immediately in control of the situation and helps them get desirable outcomes without expending vast resources on litigation procedures (Berg, Permanent Court of Arbitration. International Bureau, International Council for Commercial Arbitration, 2005).

    Read More

  • Mini Trial Case Study

    732 Words  | 2 Pages

    The construction site was in a downtown area of a large southeastern city, criss-crossed with city streets, utilities, and immediately adjacent to mid-rise and high rise buildings. Nearly all of the work was required to be constructed within temporary piling structures to limit settlement of adjacent structures. The construction contract called for seven phase releases of work areas and nine completion milestones, each milestone has its own liquidated damages penalty. The construction contract was valued at $10 million, and the duration was 545 calendar days. Following the completion of the work, the contractor filed a claim for $5.5 million and 1.1 million in interest. The authority subsequently denied the claim and the contractor, in accordance with the contract, filed an arbitration demand with the American Arbitration Association. Following the contractor’s issuance of the demand letter, the parties agreed to resolve the dispute through negotiation” (Ray,

    Read More

  • Importance Of Tort Law

    866 Words  | 2 Pages

    Due to the recent development in the field of environmental law, tort law has been increasingly turned down. Many of the new laws established legal remedies that didn’t exist under tort law system. However, laws those focus on the imposition of liability in case of any toxic discharge and disposal are meant for the corrective purpose and end up overlapping with the core of tort law principles.

    Read More

  • Business Law

    1088 Words  | 3 Pages

    The purpose of restraint of trade is merely to limitate any future activities of commercial trade, social activity and etc in particular region of a state, or any activities that has substantial impact on local commercial trade or activities. A restraint of trade can be assumed as legal or illegal depends on its effect and attention.

    Read More

  • Case Study on Contract Law

    2381 Words  | 5 Pages

    The issue in this case is whether there is a legally binding contract between Roland and Bernie. The things that needs to be considered is whether there is an agreement between Roland and Bernie. If there is an offer and acceptance, then there is an existence of agreement. According to Section 2(a) of the Contract Act 1950, offer can be defines as when one person implies his/her willingness to another in order to acquire their consent. (Abdullah et al, 2011) The person who make the offer is known as ‘offeror’ or ‘promisor’. (Lee and Detta, 2009) An offer can be made in the method of orally, by conduct, writing or by the mixture of these forms. An offer must require an effective communication with offeree. The formation of contract when offeree accepted the proposal. (Dass, 2005)

    Read More

More about Case Study : Business Law 201

Open Document