Category: Business Law

Case Scenario #2
Pat Smith is an IT Security Specialist for a large e-commerce company. As part of their job, Pat routinely scans the company’s network for security threats and vulnerabilities. One day, Pat discovered a vulnerability in the company’s network that has resulted in customer credit card data being left unencrypted and at risk. When Pat checked out the vulnerability, Pat discovered that, sure enough, they were able to see customer credit card data. Company protocol requires Pat to immediately report the security issue to the company’s Chief Information Security Officer and to take steps to protect the data. However, Pat’s been disgruntled with their employer lately and thinks it would serve the company right to get some bad press. In Pat’s opinion, the company makes million off the backs of exploited workers and Pat is tired of it. 
Instead of reporting the issue and taking actions to fix it, Pat decides to leak information about the vulnerability. Pat does not actually want any customers to lose money. Pat simply wants to create a public relations headache for the company. Pat assumes the issue can be elevated and the vulnerability patched before anything bad happens.  Instead, as it turns out, a hacker learns of the information Pat shared, accessed the network to harvest the customer credit card data, and sold it on the dark web. 
Questions for Case Scenario #2 (above):
What crime(s) has (have) been committed in this scenario? By whom? Identify and discuss the elements of the crime(s).
What tort claim(s) might an affected customer have against the company? Explain your answer, with a discussion of the elements of the tort(s) you identify.
If you are advising the company about what they can do to prevent something similar from happening in the future, what do you tell them?
Don’t forget to include a citation to your textbook (including page numbers) for the law 
you use and apply in your post.
Dynamic Business Law- textbook 
ISBN13:     9781264125906 

Briefly discuss agency, specifically the pros and cons of agency and one of the following topics:
the differences between a principal-agent and employer-employee relationship,
the various types of agent authority, or
the types of agency creation and termination, etc. Please respond to attached thread and expand or react to a classmate’s post.
KEEP IN MIND THIS IS NOT AN ESSAY ITS DISCUSSION BOARD WRITING!
Start a New Thread

Assuming that the law of a country reflects its customs, identify and discuss at least one select law in a foreign country and how customes influenced the enactment of the law. Please also discuss pros and cons to various controls and potential benefits and pitfalls of doing business internationally. Please also respond to attached post and expand upon the original thread’s comments.
THIS IS NOT AN ESSAY ASSIGNMENT YOU ARE GOING TO WRITE A DISCUSSION POST
word count 300-400.

Chapter 8:
https://www.youtube.com/watch?v=1iZkK5j2jHM (gender discrimination history)
https://www.youtube.com/watch?v=4GLT8JGO_B4 (gender pay gaps)
https://www.youtube.com/watch?v=tGtpaMgfKiE (gender discrimination)
https://www.youtube.com/watch?v=L1bAAcGQD-g (Title VII and gender discrimination)
https://www.youtube.com/watch?v=eCknUJJc3qU (science of gender inequality)
https://www.youtube.com/watch?v=CWp_wdP0QIY (Pregnancy discrimination)
Chapter 9:
https://www.youtube.com/watch?v=LvlGAY3SqK8 (understanding sexual harassment)
https://www.youtube.com/watch?v=qCVnfueYA8Q (History of Sexual Harassment Training)
https://www.youtube.com/watch?v=tVtJcVbbjcA (Title VII and SH)
https://www.youtube.com/watch?v=7nI-BJR9GPE (same sex harassment and Title VII)
https://www.youtube.com/watch?v=NGc7KfQ3uWs (sexual harassment in the workplace)
https://www.youtube.com/watch?v=1xmEJ6KieKA (hostile environment harassment scenario)
https://www.youtube.com/watch?v=gmFyzVlBiR4 (quid pro quo SH scenario)

Please see the outline for the assignment.
Introduction
·     
Definition of a Contract: Explain what a
contract is, its importance in law, and the basic elements required for its
formation.
·     
Purpose of the Analysis: State the aim of the
essay, which is to critically discuss the concept of an offer, its
requirements, and the impact of unclear terms on the enforceability of an
offer.
·     
Structure Overview: Briefly outline the main
sections of the essay.
Paragraph 1: Concept of an Offer
·     
Definition and Characteristics: Explain what
constitutes an offer, differentiating it from an invitation to treat.
·     
Requirements of an Effective Offer:
o  
Intention to Create Legal Relations: Explain the
necessity of the intention to be bound by the offer.
o  
Certainty of Terms: Discuss the importance of
clarity and specificity in the terms of the offer.
o  
Communication of the Offer: Explain how the
offer must be communicated to the offeree.
Supporting Case Laws:
·     
Carlill v Carbolic Smoke Ball Co: A landmark
case illustrating the elements of a valid offer.
·     
Pharmaceutical Society of Great Britain v Boots
Cash Chemists: Case discussing the distinction between an offer and an
invitation to treat.
·     
Harvey v Facey: Case demonstrating the
importance of clear terms in an offer.
·     
Gibson v Manchester City Council: Case
illustrating the significance of intention and clear terms.
·     
Partridge v Crittenden: Case showing the
difference between an advertisement and an offer.
Paragraph 2: Impact of Unclear Terms on an Offer
·     
Importance of Clarity: Discuss why clear terms
are essential for the validity and enforceability of an offer.
·     
Consequences of Unclear Terms:
o  
Void for Uncertainty: Explain how a contract can
be deemed void if the terms are too vague.
o  
Interpretation Issues: Discuss how courts
interpret unclear terms and the potential for disputes.
Supporting Case Laws:
·     
Scammell and Nephew Ltd v Ouston: Case
highlighting the effect of vague terms on contract enforceability.
·     
Hillas & Co Ltd v Arcos Ltd.: Case
discussing how courts handle contracts with unclear terms.
·     
Foley v Classique Coaches Ltd.: Case
demonstrating the possibility of resolving unclear terms through reasonable
interpretation.
Conclusion
·     
Summary of Key Points: Recap the main arguments
and findings from the essay.
·     
Importance of Clear Offers: Reinforce the
significance of having clear and precise terms in an offer to avoid disputes
and ensure enforceability.
·     
Final Thoughts: Provide any final observations
or thoughts on the topic.
Bibliography
·     
List of References: Ensure all case laws and
sources cited in the essay are listed in APA format.
Additional Tips
·     
Critical Analysis: Throughout the essay, provide
critical analysis and commentary on the cases and legal principles discussed.
·     
Coherence and Flow: Ensure each section
transitions smoothly to the next, maintaining coherence and logical flow in the
essay.
·     
Word Count Management: Aim to keep the word
count within the 2000–3000 words limit by being concise and focused on each
section.

CO-5
FACTS FOR THIS DISCUSSION – DO NOT ADD OR ASSUME UNSTATED FACTS. ASSUME THE NEXT DOOR NEIGHBOR WAS SITTING IN HIS YARD AND TOOK A VIDEO OF THE WHOLE THING, SO THE FACTS OF THIS HYPOTHETICAL AS RELATED CAN BE PROVED IN COURT.
Victor Tremont has a classic muscle car that he fixed up and has enjoyed drag racing. He has kept it well maintained. Much as he loves the car, Victor finds himself in need of cash. He parks the car on his front yard, with a large sign on the windshield that says, “Cherry of a classic car, For Sale $4,900 or Best Offer. AS-IS.”
Gloria Goget drives by and sees the car. She is immediately enamored and stops to look at it. She is sure the car is worth more than the asking price. When she knocks on the front door, there is no response; she looks around, and decides nobody is home, so she takes her business card and on the back writes, ” I will pay you $5,500 cash for your classic car.” She signs her name, and dates it, including the time, and slips the card onto the windshield of the car under the wiper blade.
About a half hour later, Victor returns. He does not see Gloria’s card because he does not walk around and look at the car. A few minutes after he is home, his buddy, Levi Lord, pulls in to look at the car. Levi has always liked the car and has gone racing with Victor. Levi offers Victor $5,000 even for the car, and Victor accepts. The two men shake hands on the deal. Victor goes in the house to get the car title while Levi writes out a check to Victor for $5,000.
Victor comes out with the title in his hand. As Levi starts to hand him the check, Gloria pulls in. She has an envelope of $5,500 cash for the car. Victor says to Gloria,”sorry, but I have just sold the car to Levi here.” Gloria objects and says she already offered $5,500 earlier. When Victor says, “No, you didn’t,” she marches him to the car and shows him her card.
“There is my offer, I already left you before. You weren’t home and now I have the money right here,” she said.
Victor turns to Levi, “Sorry, she did leave this offer, I’m going to sell it to her for more money.”
Levi objects, stating, “You just said you already sold it to ME. We shook hands on it. You cannot back out now just because some card was floating around no one knew about. She wasn’t even here! She’s a loser too late!”
While the three of them stand in the yard arguing, Jack Bucksworthy drives in the yard. He gets out of his Cadillac, looks at the muscle car, and moseys over to the three arguing people. He asks, “who owns that hot rod for sale?”
“I do,” says Victor. “No, I do,” says Levi. “It’s MY Car,” snaps Gloria.
“I’ll pay whichever of you, $8,000 for that car,” says Jack, “but only if the engine starts.” Victor answers, “Of course it starts. I accept your offer.”
Levi hollers, “NO! That car is no longer for sale! I bought it! It’s mine! I’m not selling it!” (Waving the check in Victor’s face.)
Gloria stomps over to the muscle car, grabs the sign off it, and sits on the hood. “It’s my car. I was here before all of you and I have real money in hand.” she yells, waving her envelope over her head. Victor says to Jack,” Pay no attention to them. I have the title — right here. My car. Let’s start the car.”
DISCUSSION PROMPT:
YOU BE THE JUDGE. DECIDE WHO GETS THE CAR. USING THE ABOVE FACTS, DISCUSS AND ANSWER THE FOLLOWING:
identify the contract issues you see here.
Applying common law principles of contract, who gets the car, if anyone, and for how much? Explain your reasoning using the definitions and principles of contract provided in Lessons, required readings and any other research you do.
In terms of making an offer, what is the legal significance of Jack Bucksworthy’s statement, “only if the engine starts?”

CO-5
FACTS FOR THIS DISCUSSION – DO NOT ADD OR ASSUME UNSTATED FACTS.
ASSUME THE NEXT DOOR NEIGHBOR WAS SITTING IN HIS YARD AND TOOK A VIDEO OF THE WHOLE THING, SO THE FACTS OF THIS HYPOTHETICAL AS RELATED CAN BE PROVED IN COURT.
Victor Tremont has a classic muscle car that he fixed up and has enjoyed drag racing. He has kept it well maintained. Much as he loves the car, Victor finds himself in need of cash. He parks the car on his front yard, with a large sign on the windshield that says, “Cherry of a classic car, For Sale $4,900 or Best Offer. AS-IS.”
Gloria Goget drives by and sees the car. She is immediately enamored and stops to look at it. She is sure the car is worth more than the asking price. When she knocks on the front door, there is no response; she looks around, and decides nobody is home, so she takes her business card and on the back writes, ” I will pay you $5,500 cash for your classic car.” She signs her name, and dates it, including the time, and slips the card onto the windshield of the car under the wiper blade.
About a half hour later, Victor returns. He does not see Gloria’s card because he does not walk around and look at the car. A few minutes after he is home, his buddy, Levi Lord, pulls in to look at the car. Levi has always liked the car and has gone racing with Victor. Levi offers Victor $5,000 even for the car, and Victor accepts. The two men shake hands on the deal. Victor goes in the house to get the car title while Levi writes out a check to Victor for $5,000.
Victor comes out with the title in his hand. As Levi starts to hand him the check, Gloria pulls in. She has an envelope of $5,500 cash for the car. Victor says to Gloria,”sorry, but I have just sold the car to Levi here.” Gloria objects and says she already offered $5,500 earlier.
When Victor says, “No, you didn’t,” she marches him to the car and shows him her card.
“There is my offer, I already left you before. You weren’t home and now I have the money right here,” she said.
Victor turns to Levi, “Sorry, she did leave this offer, I’m going to sell it to her for more money.”
Levi objects, stating, “You just said you already sold it to ME. We shook hands on it. You cannot back out now just because some card was floating around no one knew about. She wasn’t even here! She’s a loser too late!”
While the three of them stand in the yard arguing, Jack Bucksworthy drives in the yard. He gets out of his Cadillac, looks at the muscle car, and moseys over to the three arguing people. He asks, “who owns that hot rod for sale?”
“I do,” says Victor.
“No, I do,” says Levi.
“It’s MY Car,” snaps Gloria.
“I’ll pay whichever of you, $8,000 for that car,” says Jack, “but only if the engine starts.”
Victor answers, “Of course it starts. I accept your offer.”
Levi hollers, “NO! That car is no longer for sale! I bought it! It’s mine! I’m not selling it!” (Waving the check in Victor’s face.)
Gloria stomps over to the muscle car, grabs the sign off it, and sits on the hood. “It’s my car. I was here before all of you and I have real money in hand.” she yells, waving her envelope over her head.
Victor says to Jack,” Pay no attention to them. I have the title — right here. My car. Let’s start the car.”
DISCUSSION PROMPT:
YOU BE THE JUDGE. DECIDE WHO GETS THE CAR.
USING THE ABOVE FACTS, DISCUSS AND ANSWER THE FOLLOWING:
identify the contract issues you see here.
Applying common law principles of contract, who gets the car, if anyone, and for how much? Explain your reasoning using the definitions and principles of contract provided in Lessons, required readings and any other research you do.
In terms of making an offer, what is the legal significance of Jack Bucksworthy’s statement, “only if the engine starts?”

THE CASE OF THE GIFT OR NOT!
Ruben, age ninety, had a very valuable violin collection consisting of 10 violins, cases and bows. He was frail and was helped by a niece Sahar, who was an excellent violinist. Two weeks after making a new will, Ruben told his niece that he was going to give her the violin collection. “It’s yours,” he said, adding that he would temporarily hold on to the collection for safekeeping. Sahar happily accepted. That same day he also sent Sahar a letter in which he said, “I give you my violin collection, and when I die, it will be yours.”
Ruben died five weeks later. In his will dated prior to the letter, which did not refer to the violins, he left his entire estate to his two children. Sahar brought suit against the estate to have the violin collection declared her property.
The Trial
Sahar testified at the trial about the help she had given her uncle over a period of fifteen years. She produced the letter her uncle had sent her and recalled their many conversations during which her uncle had promised to give her the violins. There was additional testimony that Ruben’s children had never even picked up a violin and had been estranged from their father for years.
The Arguments at Trial
Sahar’s attorney argued that the collection belonged to Sahar because Ruben had gifted the violins to her during his lifetime and that there was symbolic delivery. He further argued that Ruben’s keeping possession of the violins was solely to protect them and in no way invalidated the gift. He also argued that to deprive Sahar of the collection that her uncle obviously wanted to give her would be against Ruben’s wishes.
The children’s attorney argued that the will was validly executed after the letter was sent and promises made orally or in writing do not constitute valid gifts. They further argued that actual and not symbolic delivery is an essential requirement for a gift to be deemed valid.
Questions to Discuss
Who has the stronger argument, Sahar or Ruben’s children? Why?
If you were the jury hearing this case, for whom would you decide? Why?
Should considerations of fairness and the intentions of the person making the will take precedence over a validly executed will?
What problems do you think could arise if oral or written promises were considered under the circumstances of this case?

DISCUSSION
Now that you’ve gathered information and analyzed the legal and ethical consequences of Manning’s actions as outlined in the Global Shippers case file, you’re expected to discuss your conclusions and rationales with the board of confidential advisors convened by Vice President Dodger. Two main requirements will structure this discussion:
First, each board member is to post an initial response fully analyzing the following questions:Were Manning’s actions legal under the Foreign Corrupt Practices Act, and what are the possible penalties for violating the act?
Were Manning’s actions legal under the UK Bribery Act and what are the possible penalties for violating the act?
Were Manning’s actions ethical, particularly in light of differing cultural norms?
When answering these questions, be sure to apply the following guidelines: Provide a full explanation for why all his actions were or were not legal and ethical in your discussion, including a full rationale for each conclusion. This post can be as long or as short as you need in order to effectively make your points.

Instructions: 
• Fill in the attached template. 
• Answer each of the following 5 questions in a short answer essay format. Be
sure to use examples to support your analysis. 
What are the purposes of our criminal justice system? In your opinion, is one
goal more important than another? 
Can a criminal defendant be prosecuted twice for the same act?
Define each of the following: white-collar crime, the Sarbanes-Oxley Act, and
RICO.
What is the Computer Fraud and Abuse Act? 
What is a whistleblower? What conflicting ethical duties might a whistleblower
encounter? 
Requirements: 
• Use APA format for non-legal sources such as the textbook. Use Bluebook
citation format for any legal citations. 
• Submit a Word document using the template. 
• Maximum two pages in length, excluding the Reference page.  
https://www.heritage.org/constitution/#!/amendments/5/essays/148/double-jeopardy
https://www.nacdl.org/Landing/ComputerFraudandAbuseAct