The Legal Environment of Business: Text and Cases (MindTap Course List)
The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 24, Problem 5BCP
Summary Introduction

Case s ummary :Agency ARM was a debt collection agency that was hired by BOA to collect debt from a debtor MEE. The agency called the employers of the debtor and asked about the policy concerning the execution of the warrant. The supervisor was told that the debtor needs to call the agency within thefirst three hours of his next shift. MEE fearing his arrest, experienced embarrassment, discomfort, and emotional distress at work.

To find: The recovery which can be made by person MEE for the damages under FDCPA.

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Reed, a manager for XYZ Products, issued company checks to pay his personal debts.  So that no one in the company would know what he was doing, he disguised the name of the payees.  For example, to pay his American Credit Card bill, he issued the XYZ check to “American.” XYZ Products sued the recipients of the checks, such as American Credit Card, demanding that the funds be returned.  The trial court ruled against XYZ Products concluding that the Defendant-Payee, American Credit Card, was a holder in due course and thus took the checks free of any claims or defenses.    Was the trial court correct in ruling that American Credit Card is a holder in due course? Why? What law is applicable?  Can Reed be held criminally liable for his actions? Why or why not?  Can Reed be civilly liable for his actions? To whom might Reed be liable and for what? 4. What is the business lesson to be learned from this case? Is this a fair result based on public policy constructs applicable to property…
Jason Trevor owns a commercial bakery in Blakely, Georgia, that produces a variety of goods sold in grocery stores. Trevor is required by law to perform internal tests on food produced at his plant to check for contamination. On three occasions, the tests of food products containing peanut butter were positive for salmonella contamination. Trevor was not required to report the results to US Food and Drug Administration officials, however, so he did not. Instead, Trevor instructed his employees to simply repeat the tests until the results were negative. Meanwhile, the products that had originally tested positive for salmonella were shipped out to retailers. Five people who ate Trevor’s baked goods that year became seriously ill, and one person died from a salmonella infection. What criminal charges, if any, would apply to this scenario? Why? What torts, if any, would apply to this scenario? Why? Even though Trevor’s conduct was legal, was it unethical for him to sell goods that once…
Jason Trevor owns a commercial bakery in Blakely, Georgia, that produces a variety of goods sold in grocery stores. Trevor is required by law to perform internal tests on food produced at his plant to check for contamination. On three occasions, the tests of food products containing peanut butter were positive for salmonella contamination. Trevor was not required to report the results to US Food and Drug Administration officials, however, so he did not. Instead, Trevor instructed his employees to simply repeat the tests until the results were negative. Meanwhile, the products that had originally tested positive for salmonella were shipped out to retailers. Five people who ate Trevor’s baked goods that year became seriously ill, and one person died from a salmonella infection. If Trevor had followed the five basic guidelines for making ethical business decisions, would he still have sold the contaminated goods? Why or why not?
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