Answer the following questions using 100 words or more. The answers should be in your own wording.
1. Using your personal workplace experience and your readings for this week, discuss why you believe it is important to study contracts as they relate to the private market system (Reed, Pagattaro, Cahoy, Shedd, & Magid, 2015). Include in your discussion how contract law provides flexibility and precision in business dealings?
2. Based on your reading of chapter 9 or the text (Reed, Pagattaro, Cahoy, Shedd, & Magid, 2015) and considering how a contract can be legally discharged and when a contract can be breached, respond to the learning activity below.
As a new sales representative for Misco Equipment Corporation, you take a customer out to dinner. Before dinner is over, you have shaken hands on a deal to sell the customer nearly a half-million dollars’ worth of industrial equipment. In writing up the formal contract the next morning, you discover that you miscalculated the equipment’s price. Your error could cost Misco $60,000. You telephone your customer and explain the situation.
- Is the “deal” you made an enforceable contract?
- Assuming the contract is enforceable, does the mistake you made permit you to get out of the contract?
- What do you think will happen in this situation?
3. After reading chapter 14 of the text, Reed, Pagattaro, Cahoy, Shedd, and Magid (2015), respond to the questions raised in the learning activity below.
You and two of your college roommates have discussed plans to open a restaurant. You intend to attract college-age students who are health and fitness minded to your restaurant. You and your co-owners agree that each will invest equally in terms of time and money. However, in addition to contributions made by each of you, another $700,000 is essential for the restaurant to succeed.
- What type of organization is best suited for this business activity? What factors should be considered in the selection of the best suited business organizational form?
- Who will manage the restaurant during times that you and your co-owners re not present?
- What liabilities do you and your co-owners face?
4. After watching the video, “”What’s a Contract and Why Do I Need Them?” , discuss the definition and essential elements of a contract (Romero, 2016).
5. After watching the video, “Choice of Law: What State/Country Laws Will Apply?” , discuss the importance of Choice of Law clause in a contract (Polansky, 2016).
6. After watching the video, “Business Structures”, discuss the following;
- The ways in which a business can be structured and the main differences between these structure types.
- The benefits of a corporate business structure over a sole proprietorship or partnership. (Stice & Stice, 2015)
7. Arbitrator Stephen Goldberg’s Dec. 8, 2016 decision dealt with the union agreement called the “collective bargaining agreement”. The arbitration concerned the issue of whether the Postal Service violated the agreement when it failed to assign Sales Retention Team center to work to the Clerk Craft and post the position for bid.
After reading the article at the following link that discussed the landmark arbitration decision: http://www.apwu.org/news/web-news-article/landmark-arbitration-decision-upholding-craft-assignments-and-job-posting, what are remedies Goldberg ordered the Postal Service to do?
8. Charlottesville continues to be in the news and have an affect on the business community. Discuss the recent move by companies to cease services to white supremacists from a legal and ethical perspective. How will the companies’ decision affect other companies who have yet to cease services, if at all? Can their action be considered a violation of the First Amendment of the U.S. Constitution? How will the actions of the companies, those who cease services and those who do not, affect the business legal community and the protection of their PR or brand perception?
Here is one link that discussed the issue of brand perception: