Please answer the following essay questions in detail with citing.
Chapter 6 assignment: Essay questions 1-1,2,4,5 page 161-162
Chapter 8 assignment: Essay questions 2,3,4,5, page 210-211
References:
Beatty, Jeffrey F., and Susan S. Samuelson. "The Legal Environment." Essentials of Business Law. 5th ed. Stamford, CT: Cengage Learning, 2015. 21. Print
Book : ESSENTIALS of BUSINESS LAW By Jeffrey F. Beatty and Susan S. Samuelson [FIFTH EDITION]
Chapter 6 : Torts and Product Liability
1. Caldwell was shopping in a K-Mart store, carrying a large purse. A security guard observed her looking at various small items such as stain, hinges, and antenna wire. On occasion, she bent down out of sight of the guard. The guard thought he saw Caldwell put something in her purse. Caldwell removed her glasses from her purse and returned them a few times.
After she left, the guard approached her in the parking lot and said that he believed she had store merchandise in her pocketbook, but he could not say what he thought was put there. Caldwell opened the purse, and the guard testified that he saw no K-Mart merchandise in it.
The guard then told Caldwell to return to the store with him. They walked around the store for approximately 15 minutes, while the guard said six or seven times that he saw her put something in her purse. Caldwell left the store after another store employee indicated she could go. Caldwell sued. What kind of suit did she file, and what should the outcome be?
2. Tata Consultancy of Bombay, India, is an international computer consulting firm. It spends considerable time and effort recruiting the best personnel from India’s leading technical schools. Tata employees sign an initial three-year employment commitment, often work overseas, and agree to work for a specified additional time when they return to India.
Desai worked for Tata, but then he quit and formed a competing company, which he called Syntel. His new company contacted Tata employees by phone, offering higher salaries, bonuses, and assistance in obtaining permanent resident visas in the United States if they would come work for Syntel. At least 16 former Tata employees left their jobs without completing their contractual obligations and went to work for Syntel. Tata sued. What did it claim, and what should be the result?
4. At approximately 7:50 p.m, bells at the train station rang and red lights flashed, signaling an express train’s approach. David Harris walked onto the tracks, ignoring a yellow line painted on the platform instructing people to stand back. Two men shouted to Harris, warning him to get off the tracks. The train’s engineer saw him too late to stop the train, which was traveling at approximately 55 mph. The train struck and killed Harris as it passed through the station. Harris’s widow sued the railroad, arguing that the railroad’s negligence caused her husband’s death. Evaluate her argument.
5. A new truck, manufactured by General Motors Corp. (GMC), stalled in rush hour traffic on a busy interstate highway because of a defective alternator, which caused a complete failure of the truck’s electrical system. The driver stood nearby and waved traffic around his stalled truck. A panel truck approached the GMC truck, and immediately behind the panel truck, Davis was driving a Volkswagen fastback.
Because of the panel truck, Davis was unable to see the stalled GMC truck. The panel truck swerved out of the way of the GMC truck, and Davis drove straight into it. The accident killed him. Davis’s widow sued GMC. GMC moved for summary judgment, alleging (1) no duty to Davis, (2) no factual causation, and (3) no foreseeable harm. Comment.
CHAPTER-8 : INTERNATIONAL LAW
2. YOU BE THE JUDGE WRITING PROBLEM Continental Illinois National Bank issued an irrevocable letter of credit on behalf of Bill’s Coal Co. for $805,000, with the Allied Fidelity Insurance Co. as beneficiary. Bill’s Coal Co. then went bankrupt. Allied then presented to Continental documents that were complete and conformed to the letter of credit. Continental refused to pay. Since Bill’s Coal was bankrupt, there was no way Continental would collect once it had paid on the letter.
Allied filed suit. Who should win? Argument for Allied Fidelity: An irrevocable letter of credit serves one purpose: to assure the seller that it will be paid if it performs the contract. Allied has met its obligation. The company furnished documents demonstrating compliance with the agreement. Continental must pay. Continental’s duty to pay is an independent obligation, unrelated to the status of Bill’s Coal. The bank issued this letter knowing the rules of the game and expecting to make a profit. It is time for Continental to honor its word. Argument for Continental Bank: In this transaction, the bank was merely a middleman, helping to facilitate payment of a contract.
Allied has fulfilled its obligations under the contract, and we understand the company’s desire to be paid. Regrettably, Bill’s Coal is bankrupt. No one is going to be paid on this deal. Allied should have researched Bill’s financial status more thoroughly before entering into the agreement. While we sympathize with Allied’s dilemma, it has only itself to blame and cannot expect the bank to act as some sort of insurance company for a deal gone awry.
3. Jean-François, a French wine exporter, sues Bobby Joe, a Texas importer, claiming that Bobby Joe owes him $2 million for wine. Jean-François takes the witness stand to describe how the contract was created. Where is the trial taking place?
4. The Kyrgyz Republic is one of the new nations that broke away from the old Soviet Union. In September 1994, the government of Kyrgyzstan made two independent announcements; (1) It was abolishing all taxes on repatriation; and (2) the government was resigning and would shortly be replaced. Explain the significance of these announcements for an American company considering a major investment in
Kyrgyzstan.
5. The Instituto de Auxilios y Viviendas is a government agency of the Dominican Republic. Dr. Marion Fernandez, the general administrator of the Instituto and Secretary of the Republic, sought a loan for the Instituto. She requested that Charles Meadows, an American citizen, secure the Instituto a bank loan of $12 million. If he obtained a loan on favorable terms, he would receive a fee of $240,000.
Meadows secured a loan on satisfactory terms, which the Instituto accepted. He then sought his fee, but the Instituto and the Dominican government refused to pay. He sued the government in United States District Court. The Dominican government claimed immunity. Comment.