In this scenario, yes, there is a contract which would be considered as an implied contract. Part of the requirements for a contract to be valid is acceptance. Even though the store, Krunch didn’t say anything when McDougal walked out of the candy store with the candy bar, this is still considered to be acceptance of McDougal taking the candy bar without paying for it. Krunch had a duty to speak up and not allow McDougal to walk out of the store with the candy bar even though he was busy. Due to Krunch and McDougal’s prior dealings of McDougal coming into Krunch’s store to purchase a candy bar or two each day, signified to McDougal by Krunch’s silence that he was ok with McDougal walking out of the store without paying for the candy bar.
All six elements are present in the above case, therefore, the company should be held accountable for paying the tuition. I have learned through this critical analysis paper the importance of understanding the basic concepts of an oral contract, in order to understand the essentials of business law. I will be able to use what I have learned in this course to show the essentials of business law process within a company. I have realized the importance of knowing what is required in an oral contract and now recognize the legal enforcement elements of every contract. This paper has shown me that corporations and individuals can use these elements to legally enforce the oral contracts that are made on a daily basis.
Other issue is what country laws should be applied and whether any foreign judgment obtained might be enforced in the court of choice. The international countries laws are the laws that need to be taken into consideration because the United States law is only upheld within the United States and not international countries. When going into a contract with international companies the Unites States must make sure the international company can enforce the contract legally. The United States must also consider the cultural and ethical differences in business transactions. What factors could work against CadMex's decision to grant sublicensing agreements?
Mrs. Tom also alleges that Kresge’s had a “duty of care” for her while visiting the store. A general rule regarding “duty of care” is that the owner of a business is not an insurer of the safety of a business customer, but only owes a duty to exercise reasonable care to his customers. There are several cases which use this Tom vs. Kresge case as precedence for duty of care and mode of operation theories to recover for her
Likewise, in Safeway v. Amburn, the court held that an employer did not willfully detain an employee when the employer confronted him in a logical place without restraint about a matter bearing upon the duty of his job. Safeway Stores, Inc. v. Amburn, 388 S.W.2d. 443, 446 (Tex. Civ. App.
One of the main objectives of the simulation was addressing some of the potential legal and ethic issues resulting from such a partnership. While developing a contract that meet each company needs and offered protection to property rights and potential disputes. In working through the simulation some of the issues involved with working with foreign business are the legal system. An organization dealing with legal issue in a foreign court run the tendency of the case reviewed quickly resulting in facts being overlooked. Another issue is the difference is two countries law what is able to stand-up as proof
in distinguishing an employee from an independent contractor"); Merchants, 580 F.2d at 972-73 (same); Restatement (Second) of Agency § 220 (1957) (common law agency principles). Although courts must look to the totality of the circumstances, "[t]he essential ingredient of the agency test is the extent of control exercised by the `employer.' It rests primarily upon the amount of supervision that the putative employer has a right to exercise over the individual, particularly regarding the details of the work." SIDA, 512 F.2d at 357(internal quotation marks and citation omitted). Additional factors that are relevant to this determination include "entrepreneurial aspects of the individual's business; risk of loss and opportunity for profit; and the individual's proprietary interest in his business."
Addressing International Legal and Ethical Issues Simulation Summary What are the issues………..international When a U.S. company has decided to enter into business with a foreign company the same binding bases of business is applied. The base of business is the same contract that would bind companies to agreements in the U.S. Possible disagreements and disputes are expected in the international trade sector. The reality is that the contract that binds the companies to the original agreement, is used to settle these disputes without further legal action. The U.S. company wants to protect its interests by making sure that the contracts are enforceable in the foreign country. Considering the foreign companies culture and ethics in business transactions
Which party has the burden of proof in the case? Which level of proof will be used? The party seeking damages (plaintiff), in this case Mr. James Mitchell and the union, has the burden of proof. This case would be considered a civil matter and would be guided by the principles and procedures commonly found in settling civil lawsuits and in regulatory agency cases. This includes presenting “clear and convincing evidence” as the level of proof that must be offered in order for the plaintiff to win the case (Clear and Convincing Evidence Law & Legal Definition, n.d.).
In the use of testing to determine suitability for employment the critical question for such test is whether the test is ____? valid for the skills needed for the job 4. In certain situations a rationale for discriminating on the basis of a business necessity is referred to _____? Bona fide occupational qualifier 5. The US supreme court has