Week 3 Deliverables Introduction Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. U
Week 3 Deliverables
Introduction
Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. Use more than one paragraph, if needed. You will refine the introduction and background information when submitting the final paper in Week 5.
Literature Review
Conduct an abbreviated literature review related to the topic you selected. A literature review identifies information that is already known about a research topic. Although you will not conduct an actual research study in this class, a summary of scholarly information that has been written about your topic makes up an important component of your project.
For Week 3, locate two scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information.
Laws and Regulations
Research and analyze one law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic.
Cases
This week you will find one published case (lawsuit) that is related to the topic you selected. Summarize the case in your own words and explain how it is related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the court’s decision.
The following websites may be helpful in finding cases to use in the paper. You must read the actual case and not a summary found on law firm websites, blogs and similar sources.
FindLaw – Caselaw.findlaw.com Justia – http://law.justia.com/cases/
Public Library of Law – http://www.plol.org/Pages/Search.aspx Leagle – http://leagle.com
Open Jurist – http://openjurist.org
Formatting Instructions
- Review detailed instructions for the assignment.
- Write a 4 page paper about the topic.
- Use APA format for the paper, including cover page and separate reference page. Review the APA materials located in the Library Research Guide.
- need to see a separate reference page that has all the citations you are using in the body of the paper we also need to see a separate introduction and conclusion as well as headers for each different section of the paper.
MBA5005 Individual Project Instruction
To make the course relevant for each student, you will select a legal topic to research in Weeks 3 and 5 of the course. A list of potential topics is located at the end of this document. Although you are not required to select the exact topics listed, you should select something closely related. Try to select a topic that reflects an issue that is related to a concern you have in your professional life. Consult with your instructor if you are unsure whether your topic is acceptable for the class.
Week 3 Deliverables Introduction (Note: APA does not use the heading Introduction) Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. Use more than one paragraph, if needed. You will refine the introduction and background information when submitting the final paper in Week 5 Literature Review Conduct an abbreviated literature review related to the topic you selected. A literature review identifies information that is already known about a research topic. Although you will not conduct an actual research study in this class, a summary of scholarly information that has been written about your topic makes up an important component of your project. Find a minimum of two scholarly articles related to your topic. Summarize the articles and explain how they are related to your topic. Do not use cases at this time, as you will summarize cases in Week 5. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Laws and Regulations Research and analyze one law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic. Cases This week you will find one published case (lawsuit) that is related to the topic you selected. Summarize the case in your own words and explain how it is related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the court’s decision. You must read the case and not a summary of the case from a blog or other article. These websites will help. You may also find cases mentioned in articles that you can look up. FindLaw – Caselaw.findlaw.com Justia – http://law.justia.com/cases/
Public Library of Law – http://www.plol.org/Pages/Search.aspx Leagle – http://leagle.com Open Jurist – http://openjurist.org Google Scholar Video for Finding Cases – https://youtu.be/UGDJTeabQzU Formatting Instructions • Write a 4 to 6-page paper about the topic. • The paper should consist of a cover page, short introduction, explanation of the legal issue,
literature review and a reference page • Use APA format for the paper. Review the APA materials located in the Library Research
Guide. • Name your document SU_MBA5005_W3_LastName_FirstInitial.doc
• Submit the paper to the Submissions Area by the due date assigned. Week 5 Deliverables Revise the paper submitted in Week 3. Literature Review For Week 5, locate two additional scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Westlaw Campus Research is a good option for finding legal information in law journals. When you combine this section with Week 3, you will have a total of at least four articles. Laws and Regulations Research and analyze one additional law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic. When you combine this section with Week 3, you will have a minimum of two laws or regulations. Depending on the topic, you may compare the laws of two states for example, if you are writing about gender discrimination, compare the federal law with law from one of the states that also provides protection at the state level. States often provide more protection than the federal law. Cases Research at least two additional published cases (lawsuits) related to the topic you selected. Summarize the cases in your own words and explain how they are related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events
and ruling. Explain whether you agree or disagree with the court’s decision. Combine the case from Week 3 with this section for a total of three cases. You must read the actual case and not a summary of the case from a blog or other article. FindLaw – Caselaw.findlaw.com Justia – http://law.justia.com/cases/ Public Library of Law – http://www.plol.org/Pages/Search.aspx Leagle – http://leagle.com Open Jurist – http://openjurist.org Google Scholar Video for Finding Cases – https://youtu.be/UGDJTeabQzU Summary • Summarize what you have learned. Assess and communicate what you believe the future
holds as it relates to your topic. • If applicable, discuss how you might apply what your learned to your personal or
professional life.
Formatting Instructions • Review and revise the portions of the paper submitted Week 3, as necessary. • Add the parts from Week 3 and submit your final paper in accordance with the formatting
instructions provided. • Write a 10 to 14-page paper about the topic selected. • The paper should consist of a cover page, short introduction, explanation of the legal issue,
literature review, analysis of related laws or regulations, reviews of cases, summary of information learned and application to your professional life, and a separate reference page.
• Use APA format for the paper. Review the APA materials located in the Library Research
Guide. • Name your document SU_MBA5005_W5_LastName_FirstInitial.doc
• Submit the paper to the Week 5 Dropbox by Day 7.
Individual Project Topics
If you select one of the topics below, you must alter the title for your paper. Do not use the exact title as provided in this list. Note: Topics related to social media cannot be used. General • Examples of Alternative Dispute Resolution in Business • Workplace Dispute Resolution in ________ and ________ (Select Countries) • A Comparison of Alternative Dispute Resolution in the United States and Two Other
Countries • Ethical and Legal Issues of Plagiarism • Legalization of Marijuana • Free Speech: The Evolution of Bullying Laws • When Can Schools Punish Students for Social Media Posts? • Free Speech and Businesses • An Exploration of Bribery Cases and U.S. Companies • Recent Developments in Cyber Crime • Current Cases in Corporate Crime • Your State’s Cases on Embezzlement • Emerging Law Involving E-Money • Chapter 7 and 13 Bankruptcy Requirements in YOUR STATE • Employer Liability for Employee’s Negligence, Intentional Torts and Crimes • Employee Rights in Intellectual Property • Employee Monitoring: Beware of the GPS on Your Company Phone (or similar device) • Issues in Contractual Capacity • The Statute of Frauds: A Review of its Use in Business Transactions • Product Liability Cases Based on Negligence • Strict Product Liability: A Review of Recent Cases • Whistleblowing • Employee Privacy Rights in the U.S. v. ________ (pick a foreign country) • New Issues in Employment Discrimination
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Consumer Protection.html
Consumer Protection
Consumer transactions take a variety of forms that include acquiring goods, services, or credit for personal or family use. A collection of federal and state laws protects consumers from unfair trade practices, unsafe products, discriminatory or unreasonable credit requirements, and other problems related to consumer transactions.
In today’s consumer market, the extensive use of credit by consumers in the United States has made credit protection an especially important area regulated by the consumer protection legislation. Two significant statutes that regulate the credit and credit card industry are Title I of the Consumer Credit Protection ACT (CCPA) and the Equal Credit Opportunity Act (ECOA).
The Federal Trade Commission (FTC) protects consumers from unfair and deceptive trade practices, including deceptive advertising and certain telemarketing activities. The U.S. Food and Drug Administration (FDA) regulates safety and labeling of food, drugs, and cosmetics. The Consumer Product Safety Commission (CPSC) regulates goods that involve consumer safety such as children’s products.
Since businesses normally provide goods and/or services, managers must have an in-depth knowledge of the consumer protection laws and develop procedures to comply with them.
Some of the most significant statutes regulating the credit and credit-card industry are:
- Title I of the Consumer Credit Protection Act (CCPA)
- Equal Credit Opportunity Act (ECOA)
- Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act)
To deepen your understanding of the concepts introduced in the lecture, consider reading some additional scholarly articles on this topic. To get you started, review the following articles.
Butler, H. N., & Wright, J. D. (2011). Are state consumer protection acts really little-FTC acts? Florida Law Review, 63(1), 163–191. (Westlaw)
Reagan, R.S. & Thompson, A.M. (2013). Credit CARD Act requirements for gift certificates, store gift cards and general-use prepaid cards. Consumer Compliance Outlook. Retrieved from https://consumercomplianceoutlook.org/2013/first-quarter/credit-card-act-requirements-gift-certicicates-gift-cards-prepaid-cards/
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Warranties.html
Warranties
A warranty is a promise by a seller or manufacturer that a product will have certain characteristics or perform in a certain way. Warranties for the sale of goods are found in Article 2 of the UCC. There are two primary types of warranties: express and implied.
An express warranty is explicit guarantee by the seller that the goods have certain qualities or will perform in a certain manner and the buyer purchases the goods based on the seller’s statements. Statements of opinion, also known as puffing, do not constitute a warranty. The statement that a computer monitor has a shatter-proof screen represents an express warranty; however, the statement that the computer monitor is one of the best ever made is puffing and does not constitute an express warranty.
There are two types of implied warranties. The implied warranty of merchantability consists of promises made by the seller that the goods are suitable for the ordinary purposes for which they are sold. Keisha purchases a smoothie maker from Target. When Keisha attempts to make her first banana smoothie, the smoothie maker will not crush the small amount of ice needed to make a smoothie; therefore, the product has not performed for the ordinary purpose for which it was sold.
An implied warranty of fitness for a particular purpose promises that the goods are suitable for the specific purpose for which the seller recommended them and the buyer relies on the seller’s expertise. Don visits New Balance to try on running shoes because he is training for a marathon. Don and the salesperson discuss his use of the shoes. Don purchases a pair of running shoes. Since both parties are aware of the intended use of the shoes, an implied warranty of fitness for a particular purpose exists. If the shoes are not suitable for long distance running, the warranty will be breached.
An implied warranty is a warranty not expressly made by the seller, but inferred at law based on the circumstances or nature of the transaction. The implied warranty automatically arises from merchants for goods sold in his or her course of business (2-314). The seller warrants that the goods are merchantable, which means the goods (1) are of average, fair or medium grade, (2) adequately packaged and labeled and (3) conform to promises on the label.
Let’s look at a few examples of implied warranties.
Additional Materials
View the PDF transcript for Implied Warranties
media/week3/SUO_MBA5005 W3 L4 Warranties.pdf
Implied Warranties © 2017 South University
Page 2 of 2
Law and Ethics for Managers
©2017 South University
2 Implied Warranties
Warranties
1. Merchantable Food (2-314)
Serving of food or drinks in a public establishment has an implied warranty of
merchantability.
Assumption that food is fit to eat.
Natural ingredients versus foreign
Bones might be found in fish, but roaches should not be found in salads.
Example Rick broke a tooth on a piece of shell found while eating a crab cake at Crabby Bills.
After having the tooth removed, Rick filed suit against Crabby Bills and the supplier of
crabs.
The court in the actual case ruled that neither the restaurant nor its supplier had a duty to
protect the customer from tooth injuries when Rick bit into a piece of crab shell while
eating a crab cake. Crab shell was natural to a crab case and one who eats crab can
reasonably anticipate and guard against eating a piece of shell.
The court would likely rule differently if a foreign substance not normally associated
with the food was found, such as roaches and fingers in chili.
2. Fitness for a Particular Purpose (2-315)
Specific vs. Ordinary Purpose Differs from ordinary purpose of merchantability. Goods can be merchantable for
ordinary purposes but unfit for a particular purpose.
One model of washing machine is suitable for handling 10 pounds of
household laundry, but it would not be suitable for 15 pounds or daily use for
commercial purposes.
Knowledge and Reliance Requirements Seller must have reason to know purpose, and buyer must have relied on the
recommendation.
Beth told the salesman that she needed a washing machine that would handle
15 pounds of laundry at a time. If Beth purchases a washer based on the
salesman’s recommendation and the machine only washes 10 pounds
effectively, the salesman breached the warranty of fitness for a particular
purpose.
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