BUS415 BUSINESS LAW
Discussion Questions
Week 1
Discussion Question 1
In this class, our primary focus will be on law as it relates to
business. Since we live in a free market country, it is important to understand
the relationship between law and a free markets. Watch
the following short video (it has two 10 minute parts)
http://www.youtube.com/watch?v=dBCk1f52Wvg
http://www.youtube.com/watch?v=Tm_UkQYQy7c&feature=related
Having watched the video, give one an example of a teleological law
and one example of a non-teleological law. (Please give
examples other than the examples given in the video. )
Do you agree with the video? As a general rule does a free market
function best with non-teleological laws? Please explain why you agree of disagree with the video.
Discussion Question 2
Select a clause in the
Constitution, which you believe has an influence on business in the United
States. Explain the clause your selected and explain
the impact that you believe is has on business.
Discussion Question 3
Select an example of a
command economy (it can be a current of past example) and an example of a free
market economy. What is the difference in the role that law plays in these two
different systems?
Week 2
Discussion Question 1
Select one unique characteristic of the legal entity we call a
"corporation" and explain it to the class. Your answer can discuss
the structure, governance, ownership, financing, etc. of the corporate entity,
or any other aspect which you think is particularly interesting. To start you thinking,
here is something I wrote. http://markbarnes.us/blog%202-9-07.htm
Discussion Question 2
Only a couple of decades ago, conducting
business across international boarders was something
reserved primarily for large businesses. Today, a person buying or selling a
$50 item may find themselves doing business with someone on the other side of
the world. Describe one legal problem that you might encounter while doing
business with someone in another country. Also explain what steps you might
take from the start to avoid such a problem.
Discussion Question 3
Law has to interact with all of the
institutions of a society, including customs, traditions and constantly
changing technologies. Select a law which is frequently violated by normally
law abiding citizens. What is it about the particular law that causes many
people simply ignore it?
Week 3
Discussion Question 1
Property rights are critical to
the functioning of a free market economy. Likewise, the free market system
cannot function without contract law. After viewing Episode III of the
http://www.pbs.org/wgbh/commandingheights/
The
videos are under "STORYLINE."
Discussion
Question 2
In order to form a
contract, you must have 1) an offer; 2) an acceptance; and 3) consideration.
Discuss a contract to which you have been a party and explain how each of the
three requirements was met.
Discussion Question 3
There are times when a contract is
not formed because of lack of an agreement (offer and acceptance) or a lack of
consideration. However, courts sometimes use the equitable doctrines of
promissory estoppel or quasi contract to provide a
remedy, despite the lack of an actual contract. Select one of these to
equitable doctrines and provide an example of a fact pattern, which would allow
a court to apply the doctrine, which you selected. You should explain the legal
elements required for the court to apply the doctrine and how your fact pattern
meets each of these requirements.
Promissory estoppel
requires:
·
(i) an unequivocal promise by words or
conduct,
·
(ii) evidence that there is a change in position of the promisee as a result of the promise (reliance but not
necessarily to their detriment),
·
(iii) inequity if the promisor
was to go back on the promise.
http://en.wikipedia.org/wiki/Promissory_Estoppel#Promissory_estoppel
Quasi Contract:
An obligation that the law creates in the
absence of an agreement
between the parties. It is invoked by the courts where unjust
enrichment, which occurs when a person retains money or benefits that in all
fairness belong to another, would exist without judicial relief.
http://www.answers.com/topic/quasi-contract
Week 4
Discussion Question 1
In the Declaration of
Independence Thomas Jefferson wrote:
We hold these truths to be self-evident,
that all men are created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness.
However, the history of
the United States of America has been an often long journey toward a nation
which lives up to this ideal. Select an event in US history which marks an
important place on this journey. Conduct some research on the event you have
selected and in two or three paragraphs share this even with our class. Also,
please cite the sources of your information, so that those who are interested
can read your sources.
For example, you might
select Lincoln’s election as president, the adoption of the 19th Amendment,
Brown v. Board of Education, or the March on Washington. There are hundreds of
events from which you can select.
Discussion Question 2
Title VII of the Civil
Rights Act of 1964 prohibits discrimination of several types by private
employers. Select one type of discrimination covered by Title VII and provide an example from your personal experience or your
reading which illustrates such discrimination.
Discussion Question 3
There are times when
illegitimate discrimination can be perceived, even though none was intended. As
a manager, you must deal with many different employees with different
backgrounds, attitudes, perceptions, etc. You will also be required to make
decisions, which have an impact on employees lives,
including their compensation and chance for advancement. Share one idea with
the class which you think will help employees understand that your decisions
are based on legitimate criteria and not illegitimate criteria such as gender,
race, religion, etc.
Week 5
Discussion Question 1
Select a type of tort
mentioned in the reading (it can be an intentional, negligent or strict
liability type of tort). List the elements of the tort (what must be proven to
establish the tort). Then give a real world example of facts that you believe
establish the tort.
Discussion Question 2
The United States has placed a
heavy emphasis around the world on the enforcement of intellectual property
rights. Both the United Nations agency WIPO (http://www.wipo.int/portal/index.html.en
) the WTO (http://www.wto.org/english/tratop_e/trips_e/trips_e.htm
) work to ensure that intellectual property rights are enforced around the
world. From an economic standpoint, why is the enforcement of intellectual
property so important?
Discussion
Question 3
Imagine that you start a small business on the Internet. Consider what legal issues might you encounter as a result of doing business on the Internet. 1) Describe the type of business that you have in mind. 2) Explain one legal issue, which you might face as a result of conducting an e-business.