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INSTRUCTIONS
(1) Read the case. (2) Provide a paragraph with more than five sentences (i.e., in the section for “ Purport” ) that interprets the theme of the case, based on concepts learned in Chapters 1, 2, 5, 7, 8, [11], or 20). (3) In at least three sentences, answer the questions. (Make sure you justify your answers with learned concepts of law.
Business Law I: Final Exam--Case I
1.1. Martha Simms is the plaintiff in a contract suit she has brought against Floral Supply, Inc., for its failure to deliver the green sponge Martha needed in building the floral designs she sells to exclusive home decorators. Martha had to obtain the sponge from another supplier and was late on seven deliveries. One of Martha’s customers has been called by Martha’s lawyer as a witness and is now on the witness stand, testifying about Martha’s late performance and the penalty she charged. The lawyer for Floral Supply knows that Martha’s customer frequently waives penalties for good suppliers.
1.2. Purport [In the case of Martha Simms v. Floral Supply
the legal doctrine of contract applies.
In the case of Marth Simms v. Floral Supply , the circumstances suggest that the theory of contract applies. Martha Simms who is a plaintiff in a contract suit has brought against Floral Supply Inc., for not delivering the green sponges that she needed in building floral designs that she sold to exclusive home decorators. She had to get the sponges from another supplier and got late for seven deliveries.one of Martha’s customers has been called for witness. The lawyer of the floral company knows that her customers waives penalties for her. 1.4. Question 1 : How can Floral Supply’s lawyer get that information before the jury? Floral Supply’s lawyer can get information about Martha customers foregoing charging late delivery penalties from cross-examining the customer of Martha’s who appeared to testify in court. The fact that the cumstomer Martha’s was under oath would obligate her to answer the questions asked by the defendant’s attorney in fact. Factual information coming from Martha’s customer on the stand will provide sufficient information to support what was suspected that Martha was engaged in bad faith. Floral Supply's lawyer can get the information to defend the case by convincing Martha's customer to withdraw as witness and made a background investigation on the witness. To defend the case further, the lawyer must visit frequent customers of Martha and made an interview and convince to be their witness or made a thorough background check on Martha's performance towards her customer. 1.5. Questions 2 : In what legal tribunal the Simm’s case is tried? Legal tribunal the Simm's case is tried under Uniform Commercial Code (UCC) at Article 74 ; Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the light of the
facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract. 1.6. Questions 3: To which jurisdiction does the trial of the Simm’s case belong? Under the United Nations Convention on Contract for the International Sale of Goods. The purpose of the CISG is to provide a modern, uniform and fair regime for contracts for the international sale of goods. Thus, the CISG contributes significantly to introducing certainty in commercial exchanges and decreasing transaction costs. ========= INSTRUCTIONS (1) Read the case. (2) Provide a paragraph with more than five sentences (i.e., in the section for “ Purport” ) that interprets the theme of the case, based on concepts learned in Chapters 1, 2, [5,] 7, 8, 11, or 20). (3) In at least three sentences, answer the
Business Law I: Final Exam--Case 2
2.1. Gardner-Denver is the largest manufacturer of ratchet wrenches and their replacement parts in the United States. Gardner-Denver had two different lists of prices for its wrenches and parts. Its blue list had parts that, if purchased in quantities of five or more, were available for substantially less than its white list prices. [ D. E. Rogers Assoc., Inc. v. Gardner-Denver Co. , 718 F.2d 1431 (6th Cir.)]
2.2. Purport
In the case of D. E. Rogers Assoc., Inc. v. Gardner-Denver Co.it is apparent that the issue of concern is government regulations against competition and price. Gardner-Denver who is one of the largest manufacturers of ratchet wrenches and their replacement parts. He had two different price lists for wrenches and their parts. The blue list had prices for when five or more wrenches were purchased. The others were dealt with the white list when they purchased less than five wrenches. 2.3. Question 1 : Did Gardner-Denver engage in price discrimination with its two price lists?
interprets the theme of the case, based on concepts learned in Chapters [1], 2, 5, 7, [8], 11, or 20). (3) In at least three sentences, answer the questions. (Make sure you justify your answers with learned concepts of law. v. Wildwett.com, 310 F. Supp. 2d 914 (N.D. Ohio)]
3.2. Purport
In the case of Bosley v. Wildwett.com invasion of privacy can considered as the as the legal issue of concern. Catherine Bosley was working as a television anchor for a channel in Ohio. While she was on vacation she participated in a wet t shirt contest which was videotaped by them and released without her consent on the internet. She then resigned from the channel and sought an injunction against her defendants for using her image in any promotions. 3.3. Question 1 : What legal theory did Bosley rely on to seek the injunction? The legal theory did Bosley rely on to seek the injunction on the traditional four-part test for determining whether a preliminary injunction under Fed.R.Civ.P. 65(a) is appropriate: (1) whether there is a substantial likelihood of success on the merits, (2) whether the injunction is necessary to prevent irreparable injury, (3) whether the injury to the plaintiff outweighs any harm to the nonmovant, and (4) whether the injunction would serve the public interest. 3.4. Question 2 : Would an injunction be in violation of the defendant’s First Amendment’s rights? YES, there is a violation of the right to privacy. 3.5. Question 3: What would be a specific legal term used to describe a violation you may have interpreted to occur in the Bosley’s case? It would be a TORT , which invasion of the right to privacy. All the four separate causes of action were present in the scenario.
- Intrusion upon the plaintiffs seclusion or solitude, or into this private affairs.
- Public disclosure of private facts about the plaintiff.
- Publicity which places the plaintiff in a false light in the public eye.
- Appropriation, for the defendant's advantage, of the plaintiff's name or likeness. ============ INSTRUCTIONS (1) Read the case. (2) Provide a paragraph with
Business Law I: Final Exam--Case 4
- 4.1. Dr. Doyle E. Campbell, an ophthalmologist, established his practice in southern Ohio in 1971. Many of Dr. Campbell’s patients are elderly people who qualify for federal Medicare benefits and state Medicaid benefits. Under the existing financing system, a doctor who treats a Medicare patient is required to submit a “Medicare Health Insurance Claim Form” (HCFA Form 1500). The doctor is required to certify that “the services shown on this form were medically indicated and necessary for the health of the patient
more than five sentences (i.e., in the section for “ Purport” ) that interprets the theme of the case, based on concepts learned in Chapters 1, 2, 5, [7], 8, 11, or 20). (3) In at least three sentences, answer the questions. (Make sure you justify your answers with learned concepts of law. and were personally rendered by me or were rendered incident to my professional service by my employees.” Claims Dr. Campbell submitted for his elderly patients ranged from $900 to $950, of which $530 to $680 were covered by the Medicare program. The government alleged that Dr. Campbell billed Medicare for several treatments that were either not performed or not necessary. [ United States v. Campbell , 845 F.2d 1374 (6th Cir.)]
4.2. Purport
In the case United States v. Campbell consideration van given to the idea that a? crime is involved. Dr. Doyle E. Campbell was an ophthalmologist in Southern Ohio. Most of DR. Campbell’s patients were elderly people and they qualified for Federal Medicare benefits and State Medicare benefits. The doctors claiming this facility had to submit a “Medicare Health Insurance Claim Form”. It was claimed that Dr. Campbell was covered $530 to $680 out of his $900 to $950 by Medicare program. The government alleged that these treatments were either not performed or were not needed. 4.3. Question 1 : What was the specific violation committed by Dr. Doyle E. Campbell? Holding that criminal liability under § 287 attached to a physician who submitted false insurance claims to the government through a third-party insurer. 4.4. Question 2 : If Dr. Campbell were to be held legally liable, would his case be heard in what court and in what jurisdiction? Full title: UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. DOYLE E. CAMPBELL, DOYLE... Court: United States Court of Appeals, Sixth Circuit 4.5. Question 3: Against who [ Plaintiff or Complainant ] has the violation taken place. On November 20, 1986, Dr. Doyle E. Campbell and his corporate alter-ego, Dr. Doyle E. Campbell, M.D., Inc., were charged in a multi-count indictment alleging that Dr. Campbell had billed for treatments he either did not perform or were unnecessary. Counts 1 through 45 charged each defendant with mail fraud, in violation of 18 U.S.C. § 1341, based on checks received by Dr. Campbell from Nationwide Insurance Company. Counts 46 through 72 charged each defendant with filing false claims against the United States government, in violation of 18 U.S.C. § 287, based on claims submitted by Dr. Campbell.
classified? Provisions in the law says that if a requirement of commitment is attached to the giving of the ring, it should be returned the committed is not satisfied. "[A] gift is defined as "a transfer of property without consideration. It requires two things: a delivery of the possession of the property to the donee, and an intent that the title thereto shall pass immediately to him." Fox v. Shanley, 94 Conn. 350, 362, 109 A. 249 (1920). The plaintiff claims that the ring was a conditional gift which he gave to the defendant at the time of engagement and in contemplation of marriage. "[T]he majority rule appears to be that a gift made in contemplation of marriage is conditional upon a subsequent ceremonial marriage "․ Piccininni v. Hajus, 180 Conn. 369, 372, 429 A.2d 886 (1920). A ring so given is commonly known as an engagement ring. 5.5. Question 3: Is Nicolette legally obligated to return the ring to Charles on demand? Nicolette is obliged to return the ring, since she has not complied with condition to follow through to marriage from engagement. YES, Judgment shall enter for the plaintiff on counts one and two of the complaint for the return of those items set forth on Schedule "A." Judgment shall enter for the defendant on the counterclaim for the return of those items set forth on Schedule "A." The parties shall return each other's items on a mutually agreed date within thirty days.
