A Legal, Ethical, Global, and Corporate Environment in Business - Research Paper Example

A Legal, Ethical, Global, and Corporate Environment in Business Tiano v. Dillard Department Stores, Inc. In the case between Mary Tiano and Dillard Department stores and had attained title VII. However, she was denied permission to attend a pilgrimage although it was her “calling.” She decided to take a leave anyway against her employers wish and she was terminated from her job. According to title Vii of the civil rights Acts, an employer cannot discriminate an employee on the basis of religion unless that employer proves that by granting such a leave the employer's business will suffer adversely. In this scenario, Tiano’s dismissal caused her immense destitution for four years because she could not be able to secure another employment with similar pay immediately. Therefore, she had a prima facie case against her employer because the employer was unable to prove that Tiano’s leave affected the business adversely (Clarkson et.al, 2012). Meads v. Citicorp Credit Services, Inc. In this case, Meads owned Citibank a credit-card debt amounting to $5,000 of which he could not be able to settle at that moment because of his health issues. He officially informed the creditor about his predicament and together with his attorney they informed the creditor that in future the creditor should contact Meads’ attorney. However, Citicorp who was working as Citibank agent made numerous calls at Meads home and place of work. Meads sued “CCSI for causing emotional distress.” According to Fair Debt Collection Practices Act, the CCSI did not anything to warrant charge against unfair debt collection. However, the manner in which they collected the debt would attract a charge against “cause for distress” because they should have contacted Meads’ attorney considering the health condition of the debtor and directives by the attorney to contact him on behalf of his client (Clarkson et.al, 2012). Hoffman v. Red Owl Stores, Inc., In this case, Hoffman had entered in an agreement with Red Owl without any consideration. The contract was based on verbal promise. Hoffman can successfully sue Red owl Stores under the promissory estoppels because the defendant made a promise to the plaintiff and never fulfilled it. In order for Hoffman to succeed in the legal claim, Hoffman should be able to convince the jury that they relied on Red Owl Store’s pledges and that upon the reliance on those promises, they suffered certain adversities. However, Hoffman should be prepared to get compensation for the actual loss suffered. The court may estop the agreement between the plaintiff and the defendant if by continuing with the agreement will result to unfairness on the parties (Clarkson et.al, 2012). Nicol v. Nelson In this case, the plaintiff had bought an undeveloped piece for offering picturesque views of the adjoining lake. However, the defendant started developments against the agreement they had made with the plaintiff. The plaintiff sued, but the Nelson defended himself on the claim that the agreement was not in writing, yet it fell under Statute of Frauds. The trial court claimed that they could issue an injunctive relief in this case since it would be unfair on the plaintiff. I belief the Nelson will not triumph appellate court because if he is allowed to continue with developments on that land the plaintiff will not be able to use his land for the purpose which it was intended for. The appellate courts will estop the defendant from taking advantage of the plaintiff since the plaintiff relied on Nelson’s promise that he would not carry out any activities that will alter the value of the land, hence if he goes ahead and makes development on that land the others who own land in the same place will not be able to use the land for the intended use (Clarkson et.al, 2012). Martin v. Wal-Mart Stores, Inc The case involves the client who suffered injury in the premises of Wal-mart while shopping in the store. The Wal-mart was liable for the injuries suffered by the clients because they should have noticed the precarious condition of the store if they took sufficient precaution. The reason why I believe they were liable was because at the time, the client was doing shopping there was only one employee present although they were supposed to be two employees. Therefore, if the other employee was present probably they should have arranged the merchandise neatly. This implies that the merchandise was carelessly arranged by one employee, whereas they were supposed to be two. The customer stepped on loose shotgun shell and fell on the floor because the shells were not big enough for the client to take notice of them without falling. However, the employees should have noticed those shells and put them safely because it was their duty to ensure everything was in order. In addition, the client’s attention was on the goods he was buying hence it was hard to take notice of other things. Therefore, the Wal-Mart employees were responsible because they did not keep the place safe even though they knew that clients would be visiting the store (Clarkson et.al, 2012). Provident Mutual Life Insurance Co. v. Tachtronic Instruments, Inc., As pertains to this case, Tachtronic was in breach of agreement for failing to pay the monthly rent to Provident for the in the agreement. Provident can claim for the rent due prior to 1st March 1984 and any other additional expenses they may have incurred when trying to get another tenant. I think prudent should be compensated for the period when the office remained vacant if any between the vacation of Tachtronic and occupancy of the new tenant. However, Provident cannot claim for the lease that Tachtronic was supposed to pay until the expiry of the lease because they got another tenant immediately and that the new tenant leased the premise at a higher value. Therefore, it would be unjust for the jury to award the landlord full amount that was supposed to be paid even after they got another tenant. However, this would be the case if Provident never got another tenant (Clarkson et.al, 2012). Identify and describe four major types of business organizations Partnership These are businesses owned by more than one person and no more than twenty unless it is owned by experts such as law firm and so on. They are formed under the partnership agreement in which the partners agree on the amount of contributions of each partner. It has advantages because it has more sources of capital than a sole proprietorship, can easily attract experienced employees, and these businesses are easy to establish. They have disadvantages because they can be terminated at the death of a member or by an agreement, the returns is shared by partners, have joint liability, and they may have issues when making decisions (Clarkson et.al, 2012). Sole proprietorship It is owned and controlled by an individual and maybe his or her family members. It is easy to start, no formal requirements, the owner enjoys entire proceeds of the business and decision making are simple because there consultations. It has demerits because in case of loss it all goes to the owner, it has limited chance for expansion due to financial limitations and inadequacy of management skills, its liabilities are unlimited hence no separation between business resources and personal resources, and mostly comes to an end when the owner dies (Clarkson et.al, 2012). Corporations Corporations are formed under corporations act. They are owned by shareholders and are subject to corporate tax. They are recognized as legal entities by the law. The advantages of corporations include ease to raise capital, limited liabilities, have a guarantee for continuity, and they can appeal to qualified workers hence they are managed by qualified personnel. However, they are tedious to start and manage, and they may suffer double taxation (Clarkson et.al, 2012). Limited Liability Company. They are established under company act. Their advantages include limited liability, continuous succession of ownership, and ease to raise funds. They have disadvantages in that they are not easy to start since they are run by managers they may attract conflicts among the stakeholders (Clarkson et.al, 2012). Zoucha v. Touch of Class Lounge Workers compensation is a scheme the provides workers with wage compensation and medical benefits to the employees injured during usual duties of employment in order to prevent the workers from taking a legal action against their employers for the tort of negligence. According to Nebraska's Workers' Compensation Act, the employee must prove that the damages weresustaied within the course of the work and was as a result of employer’s carelessness. Although the workers compensation act does not require workers to be compensated for the injuries attained as move to or from the places of, there are some exceptions under Nebraska’s worker’s compensation Act and therefore, Zoucha should be compensation under those exceptions because the employee was within employers premises when she sustained injuries (Clarkson et.al, 2012). City Centre One Associates v. Teachers Insurance and Annuity Association Specific performance is a remedial clause that court applies to compel the failing party in a contract to perform the contract according to the agreement. The is applied in a situation where there are damages as a result failure to perform the contract cannot be estimated in monetary, and the only way to compensate that the other party is only by completing the agreement. In this case, T.I.A. A. cannot succeed in suing the borrower for specific performance because the proceeds of the contract can be estimated in monetary value. Upon the performance of the contract the lender would get a specific amount in from of interest charges and that amount can be easily determined without actual performance of the contract (Clarkson et.al, 2012). Chamber of Commerce of the United States v. U.S. Department of Labor The legal procedure for making ruling was to verify the requirement of CPP compliance and consequences for noncompliance, the capacity of the enforcing agency, the CPP rule was inspectional and not enforcing procedure and therefore its mandate was to inform people to comply with the regulations. The court did not consider the party who had the capacity to implement regulations between the two parties. The court ruled in favor of U.S. department of labor (Clarkson et.al, 2012). Kraft, Inc. v. FTC The claim by Kraft that their products contained more calcium was misrepresented because the advert did not disclose that some of the calcium content vanishes when milk is heated hence leaving their “single slices” products with almost the same calcium content like those of their competitors. This information was misleading in two ways. First it was supporting the wrong notion for pricing their products too high, and secondly it created wrong notion that “single slices” contained higher calcium content (Clarkson et.al, 2012). Bibliography Clarkson, K.W., Miller, R.L. & Cross, F.B. (2012). The Business Law Text and Cases: A Legal, Ethical, Global, and corporate Environment. 12th Ed. South-Western: Cengage Learning Read More