1. Fact pattern: Joe and James are brothers who decide to go into a landscaping business together. Joe has most of the money to put up and James has extensive gardening knowledge. They will need to have at least a couple employees to help do the work. They are trying to decide how to organize the business — a general partnership, a limited liability company or a corporation.
Question: Using your required readings on forms of business organizations, explain the pros and cons of each of these types of business forms and recommend which one you would choose in this scenario and why.
2. Fact Pattern: Joe operates a construction company. His business includes demolition work. Joe agrees to demolish Chuck’s warehouse building at 1234 Ditchwork Lane. Alas, he proceeds to destroy a similar looking garage building on the other side of the street at 1243 Ditchwork Lane.
Question: Apply and discuss concepts that you learned in your required readings about CONTRACT to this scenario. Cite your sources in APA format. Failing to cite your sources will result in no credit (-0-) for the question.
3. Fact pattern: April works for ABC Corporation as a receptionist. Harold is her supervisor. Harold has asked April out on a date three times and she has politely refused each time, explaining that she is in a committed relationship. Frustrated, Harold writes her up for being late to work, which is untrue.
Question: Using your required readings, explain what April should do; which law Harold has violated (and how), if any; and whether ABC Corporation could be held responsible for Harold’s actions (and why or why not).
Answer using references from the attachments down below named “references”. Cite in APA.
Hasl-Kelchner, H. (2006). The business guide to legal literacy: What every manager should know about the law. [Books24x7 version]. Appendix C – The Lessons of Sarbanes-Oxley. Available at
http://ezproxy.apus.edu/login?url=http://ebooks.apus.edu/BUSN311/AppendixC
The Sarbanes Oxley Act. (2012, February 9). thatnewbeat. YouTube. [Video File.] Available at
(4:46 min)
Maffei, S. (2011). Personal liability of corporate shareholders in New York. Review Of Business, 31(2), 110-114. Retrieved from
http://search.ebscohost.com.ezproxy1.apus.edu/login.aspx?direct=true&db=bth&AN=66249887&site=ehost-live.
Piercing the corporate veil. (n.d.) Legal Information Institute. Retrieved from
https://www.law.cornell.edu/wex/piercing_the_corporate_veil
Friedman, M. (1970, September 13). The social responsibility of business is to increase its profits. New York Times Magazine. Retrieved from
http://umich.edu/~thecore/doc/Friedman
Barlas, R. (2016). Friedman’s theory of social responsibility for business in the 21st century. J. of Integrated Stud., 8(1), n.p. Available at:
http://jis.athabascau.ca/index.php/jis/article/view/166/338
Lange, D., & Washburn, N. T. (2012). Understanding attributions of corporate social irresponsibility. Academy Of Management Review, 37(2), 300-326. doi:10.5465/amr.2010.0522. Available in University library. (Search by authors or title.)
What is corporate social responsibility? (2019). University of Edinburgh, webpage. Available at
https://www.ed.ac.uk/careers/your-future/options/occupations/csr
(NOTE: In addition to definitional explanation of CSR, consider this reading in context of modern trend of CSR in business globally.)
Micewski, E. R., & Troy, C. (2007). Business ethics – deontologically revisited. Journal of Business Ethics, 72(1), 17-25. doi:10.1007/s10551-006-9152-z. Available in University library. (Search by authors, title, or doi)
Schaefer, B. P. (2008). Shareholders and social responsibility. Journal of Business Ethics, 81(2), 297-312. doi:10.1007/s10551-007-9495-0. Available in University library. (Search by authors, title or doi)
Spence, D. (2011). Corporate social responsibility in the oil and gas industry: The importance of reputational risk. Chicago-Kent Law Review, 86, 59-85. Retrieved from:
https://repositories.lib.utexas.edu/bitstream/handle/2152/40348/2011_01_01_Corporate%20_Social_Responsibility ?sequence=2
Verschoor, C. C. (2010). BP still hasn’t learned ethical lessons. Strategic Finance, 92(2), 13-15. Available in University Library. (Search by author or title.)
Chapter One in: Halbert, T., & Ingulli, E. (2008).
Law & ethics in the business environment
.
(6th ed ed.). Mason, OH: South-Western Pub.
[Read the following 3 blogs of David Gebler together, each 1 page. They are in sequence]:
Gebler, D. (2010, April 14). Banana logic. Blog: Business Ethics, Culture and Performance. Retrieved from
https://managementhelp.org/blogs/business-ethics/2010/04/14/banana-logic/
Gebler, D. (2010, April 19). Toyota ethics: Questions to get answers. Blog: Business Ethics, Culture and Performance. Retrieved from
https://managementhelp.org/blogs/business-ethics/2010/04/19/toyota-ethics-questions-to-get-to-answers/
Gebler, D. (2010, April 28). Goldman Sachs – Trust, corporate culture and societal expectations. Blog: Business Ethics, Culture and Performance Retrieved from
https://managementhelp.org/blogs/business-ethics/2010/04/28/goldman-sachs-trust-corporate-culture-and-societal-expectations/
Kaye, L. (2015, February 19). Five years after Deepwater Horizon, can BP repair its reputation? Marketing and Comms. Sustainable Brands. Retrieved from
https://www.sustainablebrands.com/news_and_views/marketing_comms/leon_kaye/five_years_after_deepwater_horizon_can_bp_repair_its_reputa
United States Equal Opportunity Employment Commission. (n.d.) Overview. Retrieved from
http://www1.eeoc.gov/eeoc/index.cfm
United States Equal Opportunity Employment Commission. (n.d.) Prohibited employment policies/practices. Retrieved from
http://www.eeoc.gov/laws/practices/index.cfm
United States Department of Labor (n.d.) Summary of the major laws of the Department of Labor. Retrieved from
https://www.dol.gov/general/aboutdol/majorlaws
United States Equal Opportunity Employment Commission. (n.d.) Laws enforced by EEOC. Retrieved from
http://www.eeoc.gov/laws/statutes/index.cfm
United States Equal Opportunity Employment Commission (n.d.) Workplace laws not enforced by the EEOC. Retrieved from
http://www1.eeoc.gov/laws/other.cfm
Hasl-Kelchner, Hanna. (2006). The business guide to legal literacy: what every manager should know about the law.
Judicial Education Center. (n.d.) Contract law. University of New Mexico. Retrieved from
http://jec.unm.edu/education/online-training/contract-law-tutorial
Missouri Bar Center. (2008). Forms of business organizations. Findlaw. Retrieved from
http://corporate.findlaw.com/corporate-governance/business-organizations.html
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). Available at
http://www.supremecourt.gov/opinions/09pdf/08-205
Marcantel, J. (2010, June 5). The corporation as a “real” constitutional person. U.C. Davis Bus. L.J. 11. Available at
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1620993
Arnold, C. (2009, October 15). Small businesses squeezed as banks limit lending. NPR. ]Web]. Retrieved from
http://www.npr.org/templates/story/story.php?storyId=113816657
The truth about monopolies and anti-trust laws. [Video File.] Available at
https://www.youtube.com/watch?v=MeSFawZ_qNA
Chernoff, Vilhauer, McClung & Stenzel, LLP. (2008). Patent law you can use, part II. Findlaw. Retrieved from
http://corporate.findlaw.com/litigation-disputes/patent-law-you-can-use-part-2.html
Eisenberg. (2008). Patent law you can use, part I. Findlaw. Retrieved from
http://corporate.findlaw.com/intellectual-property/patent-law-you-can-use-part-1.html
Huber, P. (2018, Autumn). Who owns the code of life? City Journal. [Web version.] Retrieved from
https://www.city-journal.org/html/who-owns-code-life-13601.html
Stuerer, M. (2008). Executive summary of the antitrust laws. Findlaw. Retrieved from
http://corporate.findlaw.com/business-operations/executive-summary-of-the-antitrust-laws.html
Romine, N., Stephonson, M., Uthe, J., Ye, H., & Chen, L. (2013). Case study: Patenting human genes.[PDF]. Retrieved from
https://jwcwolf.public.iastate.edu/336/Myriad%20Genetics%20Case%20Study%202011%20rev%202013
Forehand, M. (2008) Overview of a lawsuit. Findlaw.
http://corporate.findlaw.com/litigation-disputes/overview-of-a-lawsuit.html
Wagner, A. (2017, September 26). What really motivates people to be honest in business. TED. YouTube
Reorganization under the Bankruptcy Code. U.S. Courts.
http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter11.aspx
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