Plaintiff can win the lawsuit against the defendant, Martin Motors Inc. This paper will go over different issues and factors that can be used to determine why the David Smith will be successful in the lawsuit against Martin Motors Inc. To begin, In order for a contract to be valid, it must meet the following elements of a contract: Mutual assent, consideration, legal purpose and capacity. First the definition “Mutual Accent” according to Smith and Roberson’s business law 16th edition (pg 174) “The parties to a contract must manifest by words or conduct that they have agreed to enter into a contract. The usual method of showing mutual assent is by offer and acceptance.” In this event, Martin Motors Inc. accepted the proposal to donate an automobile as the prize.The proposal was accepted and the conditions establish to win the automobile were agreed upon that any golfer who shot a hole-in-one will win a 2016 Seabring convertible. Martin Motors Inc did not establish any other conditions or guidelines that can prevent any candidate from requesting and receiving the automobile promised after he shot the hole-in-one. Also, the second element that was followed was “consideration” according to Smith and Roberson’s business law 16th edition consideration is when both parties in the contract must intentionally exchange a legal benefit or incur a legal detriment as an inducement to the other party to make a return or exchange. For example, in exchanged for the automobile that Martin
Finally, the third reason is a breach of warranty claim. The law implies a warranty by a manufacturer which places its product on the market that the product is reasonably fit for the ordinary purpose for which it was intended. If it is, in fact, defective and not reasonably fit to be used for its intended purpose, the warranty is breached. Ultimately, Nancy Denny won because the court found that defendant had, “breached its implied warranty of merchantability and that the breach was the proximate cause of Nancy Denny's injuries”. Ford may have avoided these liabilities had they marketed the vehicles manual towards off road only, or had they proved product safety was “reasonable” to drive in ordinary circumstances.
M international (M) and W Inc (W) decided to enter a long term litigation, due to a patent rights violation. M being the demandant and W the respondent. Not enough information was provided in relation to the charges or the patent.
The only way the clinic's bank account and tax return could have been used as evidence, if it identified Mr. Deere as a partner. According to the Secretary of State of NC and statue N.C.G.S 57-D-3-20 and 57D-3-20(d), a partner is referred to as Managers who is responsible for the managing the business (SOSNC, 2017). Each manager has equal right and names are listed in the articles and the operating agreement. Texas requirements are very similar to NC, so in the case of Ingram v. Deere, there was never a partnership established through the state. Unfortunately, he wasn’t even listed as an economic interest owner.
In situations like the case of Leon Greenblatt, Andrew Jahelka and Richard Nichols, courts can sometimes ignore the limited liability status of a corporation or LLC and hold its officers, directors, and shareholders or members personally liable for what they owe to other people or companies. The court calls this piercing the corporate veil. The LL Company is supposed follow all legal procedures that a company should. In this case Loop cooperation looks like it gave full authority to Greenblatt. The company knew they were owing money to Wachovia but instead of repaying them, Loop made funds to closer entities and compensated its members without any forms to show the compensation. However, Loop used the LLC benefits for illegal reasons such as,
The Oiler v. Winn-Dixie Louisiana, Inc. case, we are introduced to Peter Oiler who worked for 20 years at Winn-Dixie, a top Fortune 500 company with more than 1,100 grocery stores in 14 Southern states. In 1999, he told his supervisors that he is a cross-dresses off the job, he was fired.
Over the years the name Caterpillar, Inc. also referred to as CAT is considered to be the largest supplier of construction, mining equipment, gas engines, gas turbines and diesel engines in the world. The company has been conducting business worldwide for over 85 years. As of 2011, the sales and revenues of Caterpillar Inc., counted at about $60.138 billion. Caterpillar Tractor Company, Inc. is part of Caterpillar. However, regardless of all the achievements made by Caterpillar, Inc., the firm has a number of ethical issues which it has got to address. Several issues deal more with the nature of products offered by the company as compared to anything company itself has done. Caterpillar, Inc. is facing a lawsuit caused by product safety issues (West, 1976).
In the case, Morris v. Ernst & Young, LL, Ernst & Young required employees to sign employment contracts containing a “concert action waiver” which forced workers to arbitrate their claims against the company individually. The United States District Court for the Northern District of California previously ordered the claims to be arbitrated individually pursuant to their agreement. Shortly after, the plaintiffs’ filed an appeal with the U.S. Court of Appeals for the Ninth Circuit claiming their right to engage in “concerted activities for the purpose of collective bargaining and other mutual aid or protection" had been violated.
Corporations and companies consistently come up with unique ways to continue to grow and develop their businesses. One man named Roger Smith who was the CEO of General Motors, plotted a plan to close 11 GM plants in the city of Flint, and lay off 30,000 American jobs just to relocate them to Mexico, paying its workers 70 cents an hour opposed to the $14 they paid their American employees. GM is an American vehicle corporation headquartered in Detroit, Michigan, and formed in Flint, Michigan. GM was the world's largest automobile manufacturer from the 1930’s to early 2000’s. The significance of the issue is, “Is it ethical for corporations to move operations from the US to Mexico, where they can pay workers lower wages than American workers
Maitland Motor has been a dealer of Lincoln Mercury and Ford in Twin Cities for nearly 15 years. Maitland Motor has been seen as a successful dealer with a good financial base since went through its difficult period. What have made the dealer has had a good base in financial resource is its contribution with a beneficial set of Automobile and trucks leases with two divisions of Wisconsin National, Inc.: Universal Specialty Steel and Mid South Tool and Die. This case involves the two main persons, who are responsible fore the situation: Bruce Maitland; owner of the Maitland Motor and Chuck Harper;
I have already talked about the case involving BMW and Dollar General, presenting Equal Employment Opportunity Commission’s revised guidance regarding usage of conviction records in hiring decisions. And this shed some light on discussed issues, but in order to attain wide, broad standpoint, other cases should be examined.
Case Analysis: Blanchard Importing and Distributing Co. Inc. (HBS Case 9 - 673 - 033)
A contract is an agreement that creates obligations that are enforceable by the law. A contract can either be written or spoken. There are elements to a contract that make it valid and binding. This is defined as a clear manifestation of willingness to enter an agreement made by another person with full understanding that their assent to the bargain is an invitation and is concluded. As to whether there was an offer in this case, yes there is an offer. When the salesman offered the buyers time for a test drive and they finally chose and agreed to buy the blue car it was a clear offer.
Rule based accounting standards are difference from principle based standards in that rule based standards are just that – rules. For instance, the Internal Revenue code is rule based. There are things you can do and things you can’t. When rules are broken,
would give 100 £. The company then deposited 1,000 £ in a bank to show
Case Analysis: Blanchard Importing and Distributing Co. Inc. (HBS Case 9 - 673 - 033)