Case Study:
1. Erma, a merchant, receives a brochure from Ammco regarding some merchandise that is sold in Erma's business. Erma then sends in a purchase order ordering 25 units of merchandise (which exceeds $500.00 in value). Ammco upon receipt of the order, sends a letter of confirmation containing additional information which states that the price did not include shipping and insurance costs and that the shipping costs and insurance would be added on to the total contract price. Furthermore, Ammo delegates the obligation of shipping the merchandise to Ecco. While the goods were in transit, the truck was hijacked and all the merchandise, including Erma's order. Applying "common law contract principles" are there Party issues? Formation issues? Proof issues? Performance issues? Breach and Discharge issues? What are the available remedies?
2. Intra-Business Relationships
Rudolf has a chain store operation in Country x. Rudolf decides to expand his business operation into the United States. To cover the cost of expansion, Rudolf decides to "franchise" the operation into the United States. Carl, a resident of country X, enters a franchise agreement with Rudolf to open a franchise in the United States. The franchise agreement requires that Carl make a substantial investment of funds to open the franchise in the United States. Furthermore, the franchise agreement requires that Carl's franchise employ only US residents as employees and that the franchise funds be used to purchase land and construction of a building in the United States.
Rudolf realizes that Carl does not have the business acumen to run the franchise in the United States. Rudolf send Robert, a resident of country X, to manage and direct the franchise on a temporary basis until Carl is competent to run the franchise in the United States. To make sure the franchise complies with US accounting laws, Roberts contacts Flow (who has a small accounting firm) in the United States. However, requires that Flo works for the franchise exclusively and full time, that Flo maintain an office on the premises of the franchise and Robert constantly reviews the records and documents of Flow to make sure the records and financial statements are accurate. Since Flo spends a lot of time at the franchise, Robert is always asking Flo out for a date and is always making "sexual comments" about her. Discuss the various adjustments of status. What is the immigration status of Carl? What is the immigration status of Robert? What is the legal status of Flo? Can Flo maintain a "sexual harassment" claim against Robert.