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
expand_more
expand_more
format_list_bulleted
Question
Chapter 3, Problem 9BCP
Summary Introduction
Case summary: The Plaintiff NIL filed a suit against the defendant HSI in the Texas state court. The return of service showed that the process has been served on the commissioner of Texas state as soon as it was delivered to JK, a defendant in person. As the defendant didn’t respond to the service of process, the decision was given in favor of the plaintiff. After 5 months, the defendant filed a motion for a new trial claiming that they were not served with the process in severe compliance with the service of process.
To Explain: (a) The applicability of assertion made by the defendant that JK didn’t have the authority to accept the process on their behalf.
To Find: (b) The person responsible for ensuring that the service of process is accomplished properly.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solution
Students have asked these similar questions
1. Basic Research LLC advertised its products on television networks owned by Rainbow Media Holdings Inc through an ad agency Icebox Advertising Inc. As Basic’s agent Icebox had express authority to buy ads from Rainbow on Basics behalf, but the authority was limited to buying ad with cash in advance. Despite this limit Rainbow sold ads to Basic through Icebox on credit. Basic paid Icebox for the ads, but Icebox did not pass all of the payments on to Rainbow. Icebox filed for bankruptcy. Can Rainbow recoup the unpaid amounts from Basic? Explain.2. Western Fire truck Inc contracted with Emergency One Inc (EO) to be its exclusive dealer in Wyoming and Colorado through Dec. 2003. James Costello, a Western Salesperson, was authorized to order EO vehicles for hi customers. Without informing Western, Costello emailed EO about Westerns diffuclties obtaining cash to fund its operations. He asked about the viability of Westerns contract and his possible employment with EO. On EO’s…
OTC Ltd has ten members which included Hudson, a chartered accountant, not employed to the Company. The articles of the Company contained a provision that Hudson would be employed by the Company to do the Company’s account by February 20, 2011 for a stated fee.
Several months after the date stated Hudson did not hear from the Company and after several inquiries he was told that the Company hired another accountant.
Hudson has decided to take action against the Company. Advise him
B. Hawkeye Bank & Trust and affiliated banks agreed to refer bank customers to Financial Marketing Services, Inc. (FMS) for the purchase of life insurance. Hawkeye and FMS shared the commissions. Hawkeye employees and some independent agents licensed through FMS made the actual sales; however, all insurance business was FMS’ property. Because of concern about the confidentiality of bank customer information, Hawkeye decided to terminate its contract with FMS and sell insurance directly to its customers. The independent agents claimed Hawkeye terminating the contract with FMS constituted intentional interference with the agents’ contracts and prospective relations. Was it? Explain your position.
Chapter 3 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- OTC Ltd has ten members, which included Hudson, a chartered accountant, not employed to the Company. The Articles of the Company contained a provision that Hudson would be employed by the Company, to do the Company’s account by January 20, 2022 for a stated fee. Several months after the date stated, Hudson did not hear from the Company and after several enquiries, he was told that the Company hired another accountant. Hudson has decided to take action against the Company. Required Using case law and the headings of Issue, Rule, Application/Analysis and Conclusion (The IRAC Method) advise Hudson.arrow_forwardThe Federal Crop Insurance Corporation (FCIC) was created as a wholly government-owned corporation to insure wheat producers against unavoidable crop failure. As required by law, the FCIC published in the Federal Register conditions for crop insurance. Specifically, the FCIC published that spring wheat reseeded on winter wheat acreage was ineligible for coverage. When farmer Merrill applied for insurance on his wheat crop, he informed the local FCIC agent that 400 of his 460 acres of spring wheat were reseeded on the winter wheat acreage. The agent advised Merrill that his entire crop was insurable. When drought destroyed Merrill’s wheat, Merrill tried to collect the insurance, but the FCIC refused to pay, asserting that Merrill is bound by the notice provided by publication of the regulation in the Federal Register. Is the FCIC correct? Explain.arrow_forwardVuitton, a French corporation, manufactures high-quality handbags, luggage, and accessories. Crown Handbags,. a New York corporation, manufactures and distributes ladies’ handbags. Vuitton handbags are sold exclusively in expensive department stores, and distribution is strictly controlled to maintain a certain retail selling price. The Vuitton bags bear a registered trademark and a distinctive design. Crown’s handbags appear identical to the Vuitton bags but are of inferior quality. May Vuitton recover from Crown for manufacturing counterfeit handbags and selling them at a discount? Explain.arrow_forward
- Denver Corporation of Colorado provides welding services for large projects, customized furniture. It does not advertise or otherwise solicit business in Oregon. Medford Industries, Inc., an Oregon high-end furniture store, contracted with Denver to ship metal furniture from Oregon to Colorado. After thirty-two transactions, Medford filed a suit in an Oregon state court against Denver, alleging breach of contract. Can the Oregon court exercise jurisdiction? a. No, because Denver Corporation did not advertise or solicit business in Oregon and therefore did not deliver their services into the stream of commerce there. b. Yes, because the furniture came from Denver. c. Yes, because 32 transactions satisfy the minimum-contacts test for determining whether a state can exercise jurisdiction over an out-of-state business. d. No, because Medford Industries contacted Denver Corporation. Denver did not contact Medford and therefore Denver did not…arrow_forwardThe Securities and Exchange Commission today charged Ernst & Young LLP (EY) forcheating by its audit professionals on exams required to obtain and maintain CertifiedPublic Accountant (CPA) licenses, and for withholding evidence of this misconductfrom the SEC’s Enforcement Division during the Division’s investigation of the matter.EY admits the facts underlying the SEC’s charges and agrees to pay a $100 millionpenalty and undertake extensive remedial measures to fix the firm’s ethical issues.“This action involves breaches of trust by gatekeepers within the gatekeeper entrustedto audit many of our Nation’s public companies. It’s simply outrageous that the veryprofessionals responsible for catching cheating by clients cheated on ethics exams ofall things,” said Gurbir S. Grewal, Director of the SEC’s Enforcement Division. “Andit’s equally shocking that Ernst & Young hindered our investigation of this misconduct. This action should serve as a clear message that the SEC will not…arrow_forwardWhen a corporation wishes to issue certain securities, it must provide sufficient information for an unsophisticated investor to evaluate the financial risk involved. Specifically, the law imposes liability for making a false statement or omission that is "material." What sort of information would an investor consider "material" pursuant to the Securities Exchange Act of 1934? Be sure to explain the Act and provide two recent case examples where material representation or omission amounted to securities fraud in violation of SEC Rule 10b-5.arrow_forward
- Describe the role and workings of (1) the Consumer Product Safety Commission (CPSC) and (2) the Consumer Financial Protection Bureau (CFPB).arrow_forward2. The company's objects stated that it was to carry on a business as gown makers but the business had evolved into making veneered panels. No change had been made to the objects clause to reflect this change. A coal merchant had supplied coal to the company which was ordered on company notepaper headed with reference to the company being a veneered panel maker. The company subsequently refused to pay the coal merchant. – Can the company do so? Give reasons for your answer.arrow_forwardUpon becoming employed by a state-licensed mortgage company, an individual who works for a depository institution as a mortgage loan originator (MLO) shall not be deamed to have tamporary suthority to act as an MLO in an application state if which of the following events has occurred? A) The individual has been a witness in a trial where the defendant was convicted of felony fraud. B) The individual has been subject to a court order for payment of child support. C) The individual had an application for an MLO license denied or an MLO license revoked or suspended in any governmental jurisdiction. D) The individual has submitted an application to be a state-licensed MLO in the application state and was registered in the NMLS as an MLO by the prior omploverarrow_forward
- 4. Under Article 4 of the Uniform Commercial code, a stale check is a check that was drawn more than 4 months before being presented. True False 5. A consumer who make a contract with a door to door salesman who comes to the consumer's home, has 5 days to cancel the contract in accordance with a Federal Trade commission regulation. True False 6. Sarah works as an employee for her employer , ABC Corporation, which is a private company. Sarah's employer can compel her to accept her salary payment by electronic transfer. True False 7. Under the Fair Credit Reporting Act, any person who obtains information from a credit agency under false pretenses is subject to criminal and civil penalties True Falsearrow_forwardSuture Express was a new upstart specializing in the medical supply network by selling only sutures. Owens & Minor was a medical supply distributor that carried all types of medical supplies, including sutures. Owens & Minor began bundling provisions that required its customers to pay a premium for all medical products unless the customer agreed to purchase its sutures. Suture Express brought suit alleging a loss to Owens & Minor through anticompetitive practices. Is this a tying situation that violates federal antitrust laws? Why or why not?arrow_forwardKenneth Thomas brought suit against his former employer, Kidder, Peabody & Company, and two of its employees, Barclay Perry and James Johnston, in a dispute over commissions on sales of securities. When he applied to work at Kidder, Peabody & Company, Thomas had filled out a form, which contained an arbitration agreement clause. Thomas had also registered with the New York Stock Exchange (NYSE). Rule 347 of the NYSE provides that any controversy between a registered representative and a member company shall be settled by arbitration. Kidder, Peabody & Company is a member of the NYSE. Thomas refused to arbitrate, relying on Section 229 of the California Labor Code, which provides that actions for the collection of wages may be maintained “without regard to the existence of any private agreement to arbitrate.” Perry and Johnston filed a petition in a California State court to compel arbitration under Section 2 of the Federal Arbitration Act. Should the petition of Perry and…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education