Case Scenarios BUGusa, Inc
LAW/421 Contemporary Business Law
Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain.
WIRETIME, Inc., has committed a tort which is “a civil wrong where one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party” (Melvin, S.P., 2011, p. 208). Tort was committed, because WIRETIME, Inc., made a statement, that will hurt the Bugusa, Inc., reputation. The statement made is called defamatory statement which is “A false and defamatory statement concerning a party’s reputation or honesty, or a statement that subjected a party to hate, contempt, or ridicule. In order to qualify as
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In the scenario Walter clearly used coercion when he threatened to hurt Steve if he didn’t tell him everything. In addition, Steve was detained for six hours and although there are case by case exceptions, we feel that it was an excessive amount of time. In our opinion, it is clear that Walter committed a tort against Steve. Merchant privileges give businesses certain protection against liability; however certain guidelines should be followed. In this scenario Walter did not act within the established guidelines that would protect the company from any liability. BUGusa may be liable for Walter’s actions if he is considered to be an employee agent. As an employee agent, Walter would be “authorized to transact business on behalf of his employer” (Melvin, 2011, p. 244); thus making BUGusa liable for Walter’s actions against Steve.
Scenario: BUGusa, Inc., Plant Parking Lot What defenses may be available to BUGusa, Inc.? Explain your answer.
Based on the scenario the most fitting tort in relation to this case would be that of negligence. In this category “one party fails to act reasonably.....causing damages to the other party as a result of the unreasonable conduct”. By law, certain factors need to be proven in order to attribute liability to BUGusa. These elements include the establishment of duty, breach of duty, cause in fact, proximate, and actual damages. If
Many of the problems that Carl has found concerning the new employee orientation could have been avoided. Carl is a recently hired employee himself. He should have kept up with the progress of the new employee orientation and checked on the files for the applicants. ABC, Inc. should also have made sure that their new employee was capable of doing his job efficiently. If Carl had stayed on top of his project, the problems that he faced would not have occurred.
BugUSA, Inc. - Case ScenarioThis scenario presents the case of BugUSA, Inc.; as a team, we endeavor to address the legal ramifications of each company's activities. BugUSA, Inc. has legal rights to intellectual property protection, and this paper explores the options available within that realm. WIRETAP, Inc. will face civil liability claims if caught in its underhanded measures, and possibly a civil RICO suit; BugUSA's security guard Walter, however, has also created a case against its own interests. When another company owns the rights to a web domain that suits BugUSA's needs, it faces the challenge of how to acquire the domain with as little hassle and as much protection as possible. A robbed vendor may present new tort liabilities for
3. Calculate the client's target heart rate at 60% and 80% using the Karvonen formula.
Martin, a behavior analyst, is working with Sara, a 14-year-old girl with severe developmental delays who exhibits self-injurious behavior (SIB). The self-injurious behaviors included pulling her hair, biting her arm and banging her head against the wall. After conducting a functional analysis, Martin decided to employ an intervention program consisting of differential reinforcement of other (DRO) desired behavior. Martin collected data on Sara's SIB before and during the intervention. Below is a depiction of the data that Martin collected:
The case-control study was used for HIV infection and fracture risk to explore the existing association between these diseases and excess risk of clinical features. The studies have reported an association between HIV infection, antiretroviral therapies, and reduce bone metabolism; the fracture risk data impacts are insufficient. The data from Danish National health service registries by conducting a case-control study, including 124,655 fracture cases and 373,962 age and gender matched controls. The cases and controls were arising from the same population and controls were selected randomly for each case up to 3 controls, and the incident cases were selected. The confidence intervals 95% and odds ratio were estimated using conditional logistic regression. In this
Compensatory damages of more than $68,000 were awarded and the court held that Bugden’s club bore vicarious liability for assault during being employed as a player. Vicarious liability is the legal liability imposed on one person or agent (e.g. an employer) for the wrongful acts of another, when those acts were done within the scope of the legal relationship between them, such as employment.
The case study focuses on an employee, Paul Keller, who is being affected by a number of factors. His job performance is hindered by constraints such as his work environment, his home environment, stressors, mood, and the management style of his superior. The case study demonstrates how his job performance is affected and what the consequences could be as a result of his poor job performance and lack of concentration.
1 I would definitely describe Greg Mortenson as an “Authentic Leader”. In our text authentic leadership is described as a type of leadership that can be nurtured, and develops over a lifetime, can be triggered by major life events, and that a leader’s behavior is grounded in strong ethics. The definition continues on to say that there are four authentic leadership components: Self-awareness, Internalized moral perspective, meaning knows the right thing to do and is driven by ethics and fairness, balanced processing, meaning they are fair minded and open to others, and they possess relational transparency, meaning they are honest and
Apex, a chemical manufacturer, has the option of commercializing one of its compounds due to resource scarcity. Apex needs to examine both choices and take into consideration the analysis of market size and trend, value proposition, market knowledge and share, and forecasted revenue for each of the compound before it decides which compound to commercialize.
This paper will discuss the history and background of Arck Systems and its merger with Lux Software. I will then examine, discuss, and analyze the nuances of the merger and the resulting issues that arose with different compensation packages for each company’s sales team. In my analysis, I will address the intended and unintended consequences of incentive compensation plans. Finally, I will offer my recommendations to Arck Systems.
Over the first week, there weren't much activity in the bottle. The bugs hid in the dirt almost 24/7 and that made everything really annoying because I couldn't see what they did above the dirt. They were still alive though because some days later, they finally appeared at the surface. I think that happened because the bugs were still getting use to the environment and they were probably scared to come out in the first place. The flower that we planted in was turning way greener and healthier over the week. That happened because when the flower was bought, the flower wasn't watered enough so it was slowly dieing. Luckily once we planted it in the bottle, there was a whole lot of water for it to drink so the plant became really, really
Stryker is a global medical device manufacturing company. The Instruments Division is located in Kalamazoo, Michigan. It was founded by Dr. Homer Stryker, an orthopedic surgeon. Dr. Stryker discovered that certain medical devices were not meeting his patient’s needs. Because of this, Dr. Stryker decided to invent new ones. The devices he invented were successful, and the interest in Dr. Stryker’s products began to grow. As a result, in 1941 he decided to start a company to produce them.
Shimano is a manufacturer of mechanical bike components for mid- to high-end road bikes. They do not make frames and they do not sell directly to customers via retail stores, but rather to bike manufacturers that want to use Shimano’s components. They have been, by far, the leader in their industry for years. They netted around a 14 percent profit margin, dwarfing that of almost all bike manufacturers, and did so using their many competitive advantages over rivaling brands.
Precise offered the software that helped its clients to manage the performance of their information technology (IT) systems. Precise is in the performance management and availability market. Its products are designed to manage the performance applications utilizing Oracle database. The company had focus on a small range of core products but provided users high quality that promised. Precise offered the software license and services. The main products were insight products, SQL and Presto. Precise/SQL accounted for 86% of all Precise’s software licensing fees. The company has strong trained account reps with very strong relationships with key clients. End-to-end response time is extremely important to ensure the system ran efficiently and effectively. All of the available products focused on the performance of each of the components of the system. The sales cycle is 6 to 12 months on average. Precise realized from the feedback of its consumers that they should provide right solutions to its clients rather than the products. However, a full-functionality end-to-end performance tool needs a long time to be developed. It’s going to take six and nine months to get a basic product with purely monitoring only. The fully
I will not participate in bug bounty program, one of the reason is that is not lucrative. Because the rewards should not be encouraged the researcher and it should be competitive in term of prices. Also, it's really insulting when the bug bounty program companies mentioned in the terms and conditions that they will own this bug and you will not use or submit it anywhere else and particularly it a slap on the face when bug is already used and bounty don’t pay ,not even the points. I think it should not happen and distribution of bounties as reward will encourage the researchers.