Term Paper In Business And Marketing: Two Different Fact Patterns

Term Paper in Business and Marketing
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28 April 2017
Abstract
This is a research paper on the two different fact patterns that consists of difficult situations and scenarios encountered by different individuals in the field of business and entrepreneurship. The various laws and legal procedures applicable to these cases are explained and given in the subsections of this paper to further provide possible solutions to solve the issues at hand. Likewise, this term paper also used an authentic book source in answering the queries and dilemma for every case to exemplify a genuine legal approach that will help the readers and learners. A brief description of the stories will be given to determine the facts, issues and what exact laws must be applied and what court procedures must be exercised and observed. The conclusion is given at the end of this paper for the generalization and summary of the important points needed to be remembered and considered. This paper focuses on several possible future events that an entrepreneur or business person might encounter in the commercial field while in the course of establishing one’s own business ventures.
Introduction
The field of business is not as simple as it seems. Some people think that for as long as they have the capital and money to start up a new corporation, they could earn profits and turn into millionaires. It is not as easy as one, two, and three. Alongside facts and important points that must be studied as one starts in entrepreneurship, there are laws and legal processes that works alongside the business practices and methods. These laws are important to the society in the sense that it helps provide, accuracy, consistency, stability and rules to follow that will aid people to survive. Nevertheless, it also informs citizens who are drawn to the commercial world to be knowledgeable of what is legal and illegal. These laws teach us to know what penalties arise in case of misconduct, commission of an offense, breach of contracts or criminal acts. In addition, these business laws tells us what remedies to take whenever a person has been offended, defrauded, and cheated out of their wealth and robbed off their companies and properties. There is a fine line between honesty, integrity and morality in the business department as opposed to getting rich through easy, quick and illegal schemes. According to Clarkson K.W (2013) that, “the law consists of enforceable rules governing relationships among individuals and between individuals and their society”. The legal procedures have a huge impact in the conduct of business or in making major decisions for and in behalf of a corporation, partnership or even a sole corporation. Likewise, it affects administrative and management actions such as producing products, selling commodities, hiring employees and removing them from the office for just reasons, business financing and the fulfillment of legal requirements for the continuity of business conduct and schedules. There are two Fact Patterns below consisting of a series of circumstances that affected definite individuals who are engaged in a variety of businesses. The different Business laws and processes practiced in the States will be applied in solving these issues at hand. The various sources of American laws will be determined, in pursuance to the Constitutional Law, Statutory laws, Jurisprudence and decided cases, treatises and agreements, authentic articles connected with commercial laws, Court cases, and rules and regulations of the many administrative bodies having jurisdiction over a particular act.
Fact Pattern 1
Vehicular Accident of the SUV Company Car while on a Business Trip
The owner of a New Jersey Waste Disposal named Anthony was on his way to a business meeting at Queens for business expansion purposes. He was accompanied by his employees when a truck owned by a fireworks company rear-ended the SUV and resulted to a crash with extreme damages amounting to more than one hundred thousand dollars ($100,000.00) and injuries to the passengers. Despite the accident, Anthony still continued with his business trip and even arrived on time. Evidently, the law that governs this case is the Law on Torts specifically on Unintentional Torts or on negligence. The Elements of Unintentional Torts that must be proved in Court are the following:
Duty. The Defendant has the duty of care over the plaintiff
Breach. The Defendant breached that duty
Causation. Such breach caused injury to the complainant
Damages. The victim suffered an injury that is legally recognized by the laws.
(Source on the Unintentional Torts Elements: Clarkson K.W (2013)
Hence, not only is the fireworks company liable for this accident but as well as Anthony since he was supposed to uphold his duty to protect and help the already injured victims which he failed to perform since money and the business meeting were his top priorities rather than saving the lives of his loyal staff. The New York Criminal Court having jurisdiction over the accident, which took place at Utopia Parkway Ranch, has the authority to investigate and decide on this case. In addition, the New York Criminal Court give the “Reasonable Person Standard” whereby, the courts investigate how a reasonable individual could have acted during the accident. This will help contradict the presence of negligence in the part of the liable individual if he acted prudently and to the best of his abilities acted with care and alertness but despite his efforts, the accident still took place.
The act of Anthony pointing a gun against the Vice-President of the Queens Company to sign the contract and the act of the President signing such agreement while he was asleep.
Anthony has committed a criminal act in this situation. The elements for criminal liability to continue are the following:
2.2 The performance of a prohibited act (actus reus).
2.3 A specific state of mind with intent on the part of the actor (mens rea).
Anthony has blatantly committed all the elements of this offense and must thereby be held by the Court liable for the criminal offense of violently threatening, forcing and harassing the VP of Queens Company to have the President sign on the contract against their will. Regardless of whether the President signed it unconsciously and during his sleep, the contract will be invalid because it was completed and signed out of duress and force. Furthermore, according to the provisions of Business law, the corporate officers and directors will also be held liable in instances where they have committed crimes irrespective of the purpose for its commission, if done for their private advantage or in behalf of the company. Hence, under the “Responsible Corporate Act doctrine, the New York Criminal Courts have the authority to impose penalty and punishment upo...