Define the five essential elements of an enforceable contract, and demonstrate how each element relates to your example
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BUS 311 LAW
Critical Analysis Paper $10.00
Describe an example of a contract that you or someone you know entered into (e.g., rental agreement, cell phone agreement, property purchase or lease [e.g., car, home, furniture, etc.], home or car repair, or student loan agreement). In your description, be sure to provide specific contractual details including parties and subject matter involved. You must also address the following:
- Define the five essential elements of an enforceable contract, and demonstrate how each element relates to your example.
- Explain the circumstances of a breach of contract in your example, and discuss possible remedies.
Your paper must be three to four pages (excluding title and references pages), and it must be formatted according to APA style as outlined in the Ashford Writing Center. You must cite at least two scholarly sources in addition to the course textbook..
WEEK3 DQ 1 $10.00
Should the law allow an employer to fire an employee without a good reason? Conduct research to provide examples to support your position and use your own personal employment experiences when possible. Have you observed situations where an employee was fired? Did the employer give a reason? Do you believe the employer’s actions were legal?
Guided Response: Review your classmates’ responses. Respond to at least two of your classmates’ postings, expressing whether you agree or disagree with their assessment of the employer’s actions. Explain your position.
Karen is shopping at Big Mart. She has with her an umbrella which is the same brand Big Mart carries. When a Big Mart employee, Steve, sees her leave with the umbrella without going through the checkout lane, he asks her to come back into the store. Steve says that he thinks Karen is shoplifting the umbrella. Karen tells him that she has had the umbrella for years and shows him marks of wear and tear. Steve apologizes and tells Karen she is free to go. Can Karen successfully sue for false imprisonment or defamation? From what you have learned about the relationship between a principal and an agent, analyze whether Steve or Big Mart could be liable because of Steve’s actions.
Guided Response: Review your peer’s responses. For at least two of your classmates, determine if your analysis of the facts is the same. Do you agree with their assessment or do you see the issue differently? Explain.
WEEK 3 ASSIGNMENT $10.00
Final Paper Proposal
For detailed information regarding outlines, introductions, thesis statements, and an APA references list, visit the Ashford Writing Center.
Review the assignment instructions for the Final Paper in Week Five. Submit an outline for your Final Paper that includes the following:
- Develop an introduction with a thesis statement for the Final Paper.
- Create an outline of the major headings with a two- to three-sentence description of what you will discuss under each heading.
- Provide a references page for the sources used in the Final Paper (the Final Paper has a minimum requirement of five scholarly sources).
- State the complete bibliographic citation for the scholarly source following APA guidelines.
Your outline must be two to three pages (excluding title and reference pages) and must be formatted according to APA style as outlined in the Ashford Writing Center.
WEEK4 DQ 1 $10.00
List two characteristics each of real, intellectual, and personal property. Do owners of real, intellectual, and personal property each have the same rights under the law? List how each type of property is treated under the law. Explain why it is in the best interest of society to treat these types of property the same or differently.
Guided Response: Respond to at least two of your classmates’ postings. Do you agree or disagree with any of their views on real, intellectual or personal property? Do you agree with your classmate’s position on why society should treat property interests the same or differently? Explain.
Read the article Governance in the Spotlight: What Sarbanes Oxley means to You. In this article the author outlines provisions companies are now required to implement. Consider the requirements imposed by Sarbanes Oxley on corporate boards of directors. Do small businesses and privately held companies have ethical duties? If so, to whom would they owe this duty? Employees? Customers? Vendors? Should the law impose ethical requirements on small businesses or privately held companies or can the marketplace police unethical business behavior? Provide support to justify your position.
Guided Response: Review your classmates’ posting. For at least two of your classmates, discuss whether you agree or disagree with their position. Explain.
ASSIGNMENT WEEK 4 $10.00
Multimedia activity: Business Organization
Visit the Choose Your Business Structure section of the U.S. Small Business Administration’s website.
If you were to start your own business, which business entity structure would you choose? Justify why your chosen structure is the best organizational form.
Explain the following business structures: sole proprietorship, partnership, LLC, and a corporation. In your analysis address the following for each business structure:
- Steps to form
- Personal liability for owners
- Advantages and disadvantages
Your paper must be three to five pages (excluding title and reference pages), and it must be formatted according to APA style as outlined in the Ashford Writing Center. You must cite at least two scholarly sources in addition to the course textbook..
WEEK5 DQ 1 $10.00
nternet domain names are linked to trademark issues. Technology makes it easy to copy and distribute music and movies without paying royalties. Business conducted on the internet raise security and privacy issues. What legal concerns are raised by these issues? Predict which of these issues will be of major concern in the future in regard to the law and business practices.
Guided Response: Review your peer’s posts. Respond to at least two of your classmates describing whether you agree with their predictions or if you see the issues differently. Explain.
How do governments attempt to control foreign businesses operating within their borders? When U.S. companies do business in other countries, what issues do they face? Describe the responsibilities and ethical concerns that you feel are important for U.S. companies to consider when doing business in other countries
Guided Response: Review your peer’s posts. Respond to at least two of your classmates explaining whether you agree or disagree with their position. Challenge your classmates by asking a question that may cause them to reevaluate their position.
WEEK 5 ASSIGNMENT $30.00
Focus of the Final Paper
You are the manager of Acme Fireworks, a fireworks retailer who sells fireworks, puts on ground display fireworks, and large aerial display fireworks. The company started in the owner’s garage two years ago and now has 15 employees that you manage. The company started as a sole proprietorship, and the owner has never changed the entity. The owner has informed you that the company has received inquiries from several large businesses wondering if the company could create several fireworks displays on a regular basis. The owner told the inquirers that the company could fill such display orders, and a price per display was agreed upon. It was discussed that most of the cost for a fireworks display is for skilled labor, insurance, and the actual service of setting off the fireworks. No other details were discussed. The owner is anticipating that new employees will need to be hired, but he is worried that if the large orders for fireworks displays do not continue, the company will not have the funds to pay the new employees. The owner is now considering changing the business entity, but he does not know what entity to form or how to form it.
The owner has asked you to do the following:
- Determine if the contracts with the businesses will be governed by common law or the Uniform Commercial Code (UCC), and explain why.
- Analyze whether the owner formed a contract with the businesses, and apply the five essential elements of an enforceable contract.
- Explain the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display.
- Discuss the different employment types and relationships relevant to agency law, and analyze the advantages and disadvantages of each type specific to Acme Fireworks.
- Explain why Acme Fireworks should not operate as a sole proprietorship. Recommend a new business entity, and provide rationale to support your recommendation.
For each task, be sure to analyze the relevant law, apply the facts to the law, and make a conclusion.
Writing the Final Paper
The Final Paper:
Must be eight to ten double-spaced pages in length (not including the title and reference pages), and formatted according to APA style as outlined in the Ashford Writing Center.
- Must include a title page with the following:
- Title of paper
- Student’s name
- Course name and number
- Instructor’s name
- Date submitted
- Must begin with an introductory paragraph that has a succinct thesis statement.
- Must address the topic of the paper with critical thought. That is, describe what your response is to the content, either positive or negative, and defend your position. If multiple options, alternatives, and/or positions are present and are being rejected, you must also defend the reasons for rejecting an option.
- Must end with a conclusion that reaffirms your thesis.
- Must include at least five scholarly sources, two of which must be from the Ashford University Library, in addition to the course textbook.
- Must document all sources in APA style, as outlined in the Ashford Writing Center.
- Must include a separate references page, formatted according to APA style as outlined in the Ashford Writing Center.
Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.