BMGT 380 Week Business Law

BMGT 380 Week Business Law

BMGT 380 Week 1 Learning Activity Latest-UMUC

Learning Activity #1

A trial judge in Nevada is wondering whether to enforce a surrogate motherhood contract.

Penelope Barr, of Reno, Nevada, has contracted with Reuben and Tina Goldberg to bear the in vitro fertilized egg of Mrs. Goldberg. After carrying the child for nine months, Penelope gives birth, but she is reluctant to give up the child, even though she was paid $20,000 at the start of the contract and will earn an additional $20,000 on handing over the baby to the Goldbergs. (Barr was an especially good candidate for surrogate motherhood: she had borne two perfect children and at age 28 drinks no wine, does not smoke or use drugs of any kind, practices yoga, and maintains a largely vegetarian diet with just enough meat to meet the needs of the fetus within.)

The Goldbergs have asked the judge for an order compelling Penelope to give up the baby, who was five days old when the lawsuit was filed.

The baby is now a month old as the judge looks in vain for guidance from any Nevada statute, federal statute, or any prior case in Nevada that addressed the issue of surrogate motherhood. He does find several well-reasoned cases, one from New Jersey, one from Michigan, and one from Oregon.

Are any of these “precedent” that he must follow? May he adopt the reasoning of any of these courts, if he should find that reasoning persuasive?

Note: I am not asking you to “decide” the case. I want you to discuss how the judge can decide the case and what can be relied upon.

Learning Activity #2

Suppose that the state of New Jersey wishes to limit the amount of hazardous waste that enters into its landfills. The general assembly in New Jersey passes a law that specifically forbids any hazardous waste from entering into the state. All landfills are subject to tight regulations that will allow certain kinds of hazardous wastes originating in New Jersey to be put in New Jersey landfills but that impose significant criminal fines on landfill operators that accept out of-state hazardous waste.

The Baldessari Brothers Landfill in Linden, New Jersey, is fined for taking hazardous waste from a New York State transporter and appeals that ruling on the basis that New Jersey’s law is unconstitutional. What is the result?

BMGT 380 Week 2 Learning Activity Latest-UMUC

Learning Activity # 1

Sang purchased a cola drink in a plastic bottle with a sealed plastic top from a vending machine located in the hall of his college dormitory room. After drinking ¾ of the cola, Sang took another drink, and felt a sharp object enter his mouth. The object turned out to be a metal tab-top like those found on aluminum cans. Sang’s tongue was slightly cut by the tab-top and he had to consult a doctor. Lab tests conducted on the remaining cola revealed that the cola Sang drank was not poisonous or tainted.

If Sang sues, what is the legal basis any claims, and which defendant(s) could be sued?

Learning Activity # 2

Dave bought a power lawn mower manufactured by Ace, Inc. The mower was equipped with a removable plastic safety barrier to minimize the risk of injury from the mower’s blades. Dave removed the safety barrier believing that it was unnecessary. When Dave asked his 18-year old son, Zack, to mow the lawn, Zack‘s foot touched the mower blade and Zack was injured.

If Zack sues Ace under strict product liability for failure to warn of the risk of using the mower without the safety barrier, what is the likely outcome? Why?

BMGT 380 Week 3 Learning Activity Latest-UMUC

Learning Activity # 1

1. Myrna, a 40-year old teacher, wants to move to Chicago because of a job offer. She owns a house in St. Louis, her current residence, which has been appraised and valued by a professional real estate appraiser at$500,000.

She posted a “For Sale” sign in the yard that stated “Make an Offer”. Ned, who is a casual friend of Myrna’s, responded to the sign and made an appointment with Myrna to tour her house. Later, Ned invited Myrna to dinner to discuss the house and a possible sale. Myrna and Ned had a leisurely dinner, and 2 glasses of wine each with dinner. At the end of dinner, Ned offered Myrna $225,000 for her house; Myrna accepted.

Ned and Myrna signed a sales contract, but before the deal was completed and before the deed was transferred to Ned, Myrna’s relatives tried to urge Myrna to cancel the cancel the contract claiming that the contract was unenforceable.

Analyze the deal between Myrna and Ned. Is the contract enforceable? Why or why not?

Learning Activity # 2

Write a brief scenario example of a unilateral contract, in paragraph format. Explain why/how the example above is a unilateral contract.

BMGT 380 Week 4 Learning Activity Latest-UMUC

Learning Activity # 1

A orally offered to sell B 100 premium-grade blue ink ballpoint pens, but neglected to state the price. B accepted via letter. A received the acceptance letter, but immediately thereafter, A tried to get out of the deal. Assume that A and B are both merchants, as defined under the UCC.

At this point what is true about this agreement between A and B? Explain your rationale in detail.

Learning Activity # 2

A ordered 100 19-inch color TV sets from B, and requested prompt shipment of the goods. B promptly shipped to A 100 21-inch color TV sets. Prior to shipment, B did not notify A that he was shipping nonconforming TVs as an accommodation.

Assuming both A and B are merchants, under UCC rules, discuss (1) whether there is a valid, enforceable contract between A and B and why, and (2) the options A and B have at this point.

BMGT 380 Week 5 Learning Activity Latest-UMUC

Learning Activity #1

High Gloss Floss (HGF) a well-known dentist practice contracted with Slick Fish, Inc. (SFI) for the purchase of a “fully installed 96” x 60” x 48” aquarium” for the price of $83,000. The price included all labor and parts but the order form was not itemized. The freight carrier hired by the manufacturer delivered the aquarium to the parking lot just outside the building occupied by HGF. A receptionist for HGF signed the delivery invoice and immediately called SFI. When the installation crew for SFI arrived five days later to install the aquarium, it was gone.

Who must bear the risk of loss? Explain. This is not a one word answer.

BMGT 380 Week 6 Learning Activity Latest-UMUC

Learning Activity # 1

In April 2015, Collector appointed Ageless Antiques, a licensed antique dealership, as agent to find and purchase antique baby grand pianos manufactured by Steinway between 1880-1900 to add to Collector’s collection.

Identify and explain, according to the Restatement of Agency, 6 ways a principal may be bound to contracts entered into by an agent on behalf of a principal.

Learning Activity # 2

Refer to the scenario regarding Ageless Antiques and review A and B below.

Evaluate and apply the principles of agency law to these events and describe the legal effect of each of these events on the agency-principal relationship and why.

A. In August, 2015, Ageless Antiques found an antique Steinway baby grand piano manufactured in 1890, but kept the piano to sell in the Ageless shop rather than selling it to Collector.

B. In May, 2015, Ageless Antiques bought on behalf of Collector an antique baby grand piano manufactured in 1880 by Grant Company.

Collector’s death in September 2015.

BMGT 380 Week 7 Learning Activity Latest-UMUC

Learning Activity # 1

Inez is a sole proprietor/owner of New Tech, a computer and IT consulting business. Her clients are small to medium sized businesses, colleges, and individual home users. Inez wants to expand her business, buy new equipment, and hire an employee. She needs to obtain additional capital to expand New Tech, but she does not want to lose control of the business. Also, Inez has chosen not to take out any sort of loan or use a credit card to obtain additional capital to expand.

As a sole proprietor, what is her best option to obtain additional capital to expand and yet retain control of the business? Why?

Learning Activity # 2

Lana has started a computer accessory manufacturing and sales business. She never planned to have a business, but had created a certain accessory that her friends thought was interesting, and she made these accessories for them. Suddenly people were paying her, and then she started selling the accessories through a website. She has never formed any type of business entity.

Lana has now decided she wants to sell these accessories in Japan, and realizes she needs to formally adopt a specific business organizational form for the business.

Discuss a recommendation for an appropriate business organizational form for the business in the United States and for expanding the business in Japan.

Explain the rationale for the choice of organizational form for Lana’s business.

BMGT 380 Week 8 Learning Activity Latest-UMUC

Learning Activity # 1

A. Discuss

2 advantages and 2 disadvantages of a franchise and why?

B. If a small business applied for a bank loan money to finance the initial franchising process and start up, what factors would be important to a bank to decide whether to loan the money?

Learning Activity # 2

US Diner, a small restaurant business and general partnership with 7 partners is a very profitable, successful business located in Baltimore. US Diner has 3 restaurants in the Baltimore are. US Diner wants to expand its business and is considering doing so by franchising within the US.

A. Analyze and discuss whether you would advise US Diner to franchise the business and why.

B. After evaluating the positive and negatives, should US Diner franchise or expand the business in some other way?

BMGT 380 Project 1 Latest-UMUC

Project 1

Legal Memorandum

Your assignment is to write a three to five page legal memo analyzing the fact pattern below. You are to discuss the parties and relevant issues in a thorough analysis. These issues deal with tort and Constitutional law. This is not an exercise in memory. Lawyers refer to resources all of the time when they are researching their legal problem. Use the course resources, weekly cases and case summaries to your advantage!

I am not as interested in your outcome (who will end up winning in court) as I am in how you use the law to support your conclusion. Base your answer only on the facts given. This Project focuses on the material assigned for Weeks 1-3 only.

Please analyze and address the questions (Two parts, I and II) regarding the following case scenario:

Case Scenario: Shoppers Mart, Inc., a large retail super market store that sells a variety of products, has had an eventful couple of weeks.

Part I:

There have been heavy rains in the area all week. On Wednesday, a ceiling tile that had become wet from a leaking roof in Shoppers Mart due to the heavy rain storms earlier in the week fell and hit some bags of peanuts causing the nuts to spill across the store aisle. Nicole, a customer, entered the aisle, slipped on the peanuts and broke her leg and arm. The manager of Shoppers Mart was unaware of the leaking roof and the wet ceiling tile and unaware that the peanuts had spilled onto the store floor.

Part II.

On Friday, a small group of political protestors carrying signs and quietly chanting were marching back and forth the full length of the public sidewalk in front of Shoppers Mart. Shoppers Mart encompasses the entire block by the public sidewalk with entry and exit doors located directly in the center of the store building, and with privately owned parking in the back of the store. Sometimes the protestors were at either of the two ends of the sidewalk in front of Shoppers Mart, and thus, not directly in front of the entry/exit door doors to Shoppers Mart. The protestors did not walk on or enter the private parking lot owned by Shoppers Mart; the protestors did not stop and congregate in front of the store or its entry/exit doors at any time. The management of Shoppers Mart believed that the protestors were impeding the ingress and egress of customers into Shoppers Mart end therefore interfering with business. Shoppers Mart called the police to have the protestors removed.

The police did not arrest the protestors but did require them to stop marching and move away from Shoppers Mart.


Part I:

A. How likely is Nicole to win a negligence case against Shoppers Mart for her injuries resulting from slipping on the peanuts? Why?

B. Consider whether any, legal defense(s) could be raised by Shoppers Mart. Are any legal defenses likely to be successful in negating liability for Shoppers Mart? Why or why not? (Tip: Stick only to the facts in the case, do not assume any facts not given.)

Part II:

A. The protestors want to sue the City for violation of their constitutional rights. Specifically, what legal claim could the protestors sue for and why?

B. Could the protestors be convicted of trespassing against Shoppers Mart? Why or why not?

BMGT 380 Project 2 Latest-UMUC


Write a 3-5 page paper in response to the fact scenario provided below. The paper must be double-spaced and include a list of work cited (not included in the page count). You may use outside sources for this paper but you are not required to. All of the information you need to complete this paper is provided in the course materials. However, you still need to include in-text citations when you use any source in this paper. The paper must be submitted into your Assignment folder.

Fact Scenario – Part 1:

Contractors, Inc. contracted with Your College to build a 20-room, 2-story classroom building, constructed of gray bricks, and according to architectural specifications provided by Your College. The building is to be located on campus at the corner of Campus Way and Academic Avenue at a contract cost of $5,000,000, and to be completed by August 1, 2016. This August 1 deadline would give Your College just enough time to move into the building and prepare the inside for classes to begin August 14. Your College informed Contractors that time was of the essence and that this is a tight timeline for moving into the new building.

The valid, written contract read, in part, as follows:


We, the undersigned, party of the first part, hereinafter Your College, and party of the second part, hereinafter Contractors, Inc. hereby agree to the following:

1) Contractors, Inc. will build a 20-room, 2-story classroom building constructed of gray bricks, at the corner of Campus Way and Academic Avenue, in accordance with the architectural specifications stipulated by Your College and attached hereto and in compliance with Maryland building codes and regulations for new construction;

2) Contractors, Inc. will complete the construction project at a total cost of $5,000,000, inclusive;

3) Contractors, Inc. will complete the construction project not later than August 1, 2016. Time is of the essence.

YourCollege will pay Contractors, Inc. for the completed project, the sum of $5,000,000 not later than August 7, 2016.

Signed: John Smith [sign] John Smith

President, YourCollege Date: January 10, 2016 Signed:

John Doe [sign] John Doe

President, Contractors, Inc.

Date: January 10, 2016

Fact Scenario – Part 2

On May 28, 2016, after the construction was more than half completed, the cost of bricks used for construction of the building increased substantially in the marketplace so that Contractors could no longer construct the building for $5,000,000. Contractors told YourCollege that it would need an additional $250,000 to complete the building using gray bricks on the exterior. YourCollege agreed to modify the original contract to increase the construction costs by $250,000, bringing the total cost of the project to $5,250,000.

YourCollege and Contractors drew up the following contract modification as an addendum to the original contract:


We, the undersigned, party of the first part, hereinafter YourCollege, and party of the second part, hereinafter Contractors, Inc. hereby agree to the following modification to the original agreement:

1) In addition to the contractual agreed upon cost of $5,000,000, YourCollege will pay Contractors, Inc. an additional $250,000 to build a 20-room, 2-story classroom building constructed of gray bricks, at the corner of Campus Way and Academic Avenue;

2) YourCollege will pay Contractors, Inc. for the completed project, the sum of $5,250,000 not later than August 7, 2016;

3) This modification does not in any way change any other terms of the original contract (attached hereto).

Signed: John Smith [sign] John Smith

President, YourCollege

Date: June 1, 2016


John Doe [sign]

John Doe President, Contractors, Inc.

Date: June 1, 2016

After the contract modification, Contractors continued to work on the building but did not meet the August 1 completion deadline. The building was completed on August 21, 2016.

In the meantime, fall semester classes began at YourCollege on August 14, making it necessary for YourCollege to lease classroom space from August 14-September 4, 2016. YourCollege necessarily had to hold classes in the leased space for 3 weeks until September 4 because it took 2 weeks (from August 21) for YourCollege to move into the new building and prepare it for classes. The lease costs were $5,000 per week, for a total of $15,000 for 3 weeks.

YourCollege paid Contractors $5,000,000 on September 4, but refused to pay the additional $250,000. YourCollege filed suit against Contractors for breach of contract.

Contractors countersued YourCollege for breach of contract.

Questions to Address in your Paper:

Please label each part of paper as listed below.

Part I: Discuss the basis of a breach of contract claim by YourCollege against Contractors, any potential damages YourCollege could claim and the likely outcome of a lawsuit.

3-4 paragraphs minimum with in text cites; in depth, comprehensive; outside resources not necessary as all classroom resources will be sufficient.

Part II: Discuss the basis of a breach of contract claim of Contractors against YourCollege, any potential damages Contractors could claim and the likely outcome of a lawsuit.

3-4 paragraphs minimum with in text cites; in depth, comprehensive; outside resources not necessary as all classroom resources will be sufficient.

NOTE – You must provide a detailed analysis and scrutiny of the facts in this case. You should identify:

a) the legal issues presented,

b) the relevant rules of law that apply,

c) your analysis of the case and

d) your conclusions about the outcome.

In order to earn full credit, your analysis must be well supported by legal principles found in your sources. If you assert your opinion or your conclusions, it is important to show how you arrived there. What are you relying upon to draw your conclusions (what facts and what laws)? Please let me know if you have questions.

BMGT 380 Final Exam Latest-UMUC


Open book exam: may use textbook, class notes/lectures, class conferences (do not use the internet as many legal sources are inaccurate; you do not need any material other than the textbook, class notes/lectures, class conferences to complete the exam).

No time limit on the exam. But you must submit by 11:59 p.m. Saturday, July 15, 2017

The exam is worth a total of 100 points.

The Final Exam has two parts and which are in different sections of the classroom.

Multiple Choice – Found under Quizzes. 20 questions (2 points each). Total 40 points.

Essay – Found under Content Final Exam. You will post your response to the essay questions in the Assignment Folder. Six questions (various points for each question). Total 60 points.

You may complete either section first.

Specific Directions – Multiple Choice

You may start and stop this section as often as you like. However, once you submit your answers, you may not return to the exam. Ensure that you intend for your answers to be complete.

Specific Directions – Essay

Answer each question in complete paragraphs; do not list or answer in phrases (points will be deducted for doing so). None of these questions can be adequately/comprehensively answered in just a paragraph, so be comprehensive, in depth in your answers, but be careful to not include irrelevant information.

You should use good business writing which includes HEADINGS AND SUB-HEADINGS to guide your reader. Long rambling paragraphs without focus is not good business writing. Points will be deducted for failing to use good business writing. If the question is multiple parts (A and B), you must answer each section separately. Label it.

Points will be deducted for answers that are not well justified, not sufficiently comprehensive.

Use APA for in-text citations, as appropriate but please do not use direct quotes. Use only classroom notes/comment and assigned reading or watching materials as resources, which is all you need to complete the exam.

DO NOT use any outside, internet resources as they are often inaccurate.

Answer all parts of each question. Be sure to directly answer the question(s) asked.

Submit exam preferably in word doc to assignment folder under “Final Exam”.

ALLOW EXTRA TIME TO POST PROPERLY. YOU ARE ENTIRELY RESPONSIBLE FOR CHECKING THAT EXAM POSTS PROPERLY AND that you posted the correct file. If I can’t open the document, I can’t grade it and you will receive a zero. Once you submit your exam, I will begin the grading process.

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