I put the requirements for homework WA3 in the DOC file. WA3 has links with the contents of WA1 and WA2, so I have uploaded WA1 and WA2 together, and the format of the homework requirements. I hope you can read this information before writing WA3. Thank you.
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Written Assignment for Unit #3
Welcome. This is the third written assignment in BL 240. Before you begin the
assignment, review that portion of the course syllabus (see class webpage)
dealing with Written Assignments to ensure that you understand the format
(cover page plus no more than two type-written double spaced pages, content of
the cover page, Code of Honor statement, etc.). You will be graded both on your
response to the assignment and on having followed the directions (format).
Remember that verbiage will not be rewarded but the thoughtfulness and
thoroughness of your response will be. The object is for you to show me that you
understand the material in Unit 3 and can apply it to a specific fact set. List the
issues to be addressed and state the controlling law for each issue that you find.
Written Assignment #3: Kyle took your advice and decided not to spend the
money to fight for his claim to KFC.com as the domain name for his new
product line, Kyles Fiery Condiments. Kyle, however, does want to continue the
move of his business, Alabama Sunshine, to the next level of operations. His
produce marketing efforts in Hamilton and surrounding areas in Alabama and
into Mississippi and Tennessee have proven to be very successful. He now
wants to expand to other choice locations in areas that he likes to visit, namely
the beach and resort areas along the Gulf Coast of Alabama and Florida
between Mobile, AL, and Panama City, FL. Kyle has found a possible location to
construct a new store in Fairhope, AL. The property is owned by Sam. Since
Kyles business is successful and people throughout Alabama and abutting
States know of Kyle and of Alabama Sunshine, Kyle hires Agnes to contact Sam,
negotiate a price, and, if possible, buy Sams property. Concerned that, if Sam
knows that he (Kyle) wants the location, the price will increase, Kyle instructs
Agnes to not tell Sam that she is working for Kyle. During negotiations with Sam,
Agnes realizes that Sams property is a good deal, an exceptionally good deal,
and buys the property for herself, not Kyle as agreed. Kyle is angry, very angry,
and wants to know what he can do.
Respecting your knowledge of business law, Kyle comes to you for advice. What
are the issues and how would you advise Kyle? During the conversation, Kyle
mentions that Alabama Sunshine is operated as an informal partnership between
himself and his uncle, who has pretty much retired from management of the
business. He asks you about the advantages and disadvantages of a partnership
and whether he should change the business to some other business structure. If
so, which one would be the most advantageous? In passing he notes that the
farm worker that he refused to hire back during the peak season (remember
WA1) has now filed an employment discrimination (national origin) charge
against him personally and against Alabama Sunshine and Kyle wonders what
the procedure is for such charges.
Note: As with all Written Assignments, WA3 has a point value of 25 points. This
is to be your own work with no help offered, given, or accepted, unless you so
state, as per our Class Code of Honor.
To help you organize your thoughts, I suggest that you read the fact set; decide
which facts are relevant and which are merely verbiage; based on the information
in Unit 3; decide which legal information is relevant to the facts; then state the
legal issue (relevant facts), state the general rule of law that applies, apply the
law to the facts and then go to the next legal issue.
Written Assignment for Unit #1
Written Assignment #1: Kyle and his family own a successful farming and
processing business at several locations near Weston in Marion County, AL (not
far from Hamilton, AL). The produce that they grow (vegetables and fruits) is
sold under their own label, Alabama Sunshine. Kyle raises all of the produce on
the family farms and sells it and the condiments that he makes from the produce
at a roadside market that his family owns just outside of Weston on Bexar Ave.
Although his family helps run the business, Kyle hires temporary workers during
the peak times of the planting, growing, and harvest seasons. He also hires
temporary workers during peak production times in his condiment processing
facility in Hamilton, AL. As can happen, Kyle occasionally is approached by one
of his local, seasonal workers about hiring a cousin or other relative who is new
to Alabama. This potential employee would agree to work for below minimum
wages, would not ask for or expect any health insurance or other benefits, and
would gladly accept all wages in cash without any deductions for social security
(OASDI) or taxes. With the rising costs of fuel, fertilizer, and supplies, Kyle
needs to cut expenses wherever and whenever possible and he could save
money by hiring such workers. Since his operation is rural (primarily in Marion
and Fayette Counties, AL), he feels that he would probably not have
any problems from State or federal authorities.
Kyle tries to be an ethical business person. He knows that what he is being
asked to do is questionable at best and possibly illegal but it is midFebruary; planting time for the early season crops is approaching quickly; and he
knows that he needs the extra workers to get his fall/winter crops processed and
the spring crops planted. Without a successful harvest and preparation for the
next planting, there will be no Alabama Sunshine produce to sell and he will not
be able to support his family or regular workers.
As people have grown more health conscious, demand for Kyles organically
grown produce has increased and grocery store customers are asking
for Alabama Sunshine produce by name. Kyle would like to expand the retail
operations to include a store along a nearby major highway (I-22) that connects
Birmingham, AL, Tupelo, MS, and Memphis, TN but he does not want to get
entangled in what he considers to be unnecessary federal and state
Kyle finished his business degree from UNA several years ago and he vaguely
recalls Unit 1 in his BL 240 textbook, so he understands the basic issues but he
trusts your knowledge and comes to you for advice and counsel. What should
Kyle consider as he ponders the relationship between law and business
ethics? What factors, if any, have changed societys concept of business ethics
and the social responsibility of business enterprises? What should Kyle
understand about the relationship between maximum profits and optimum
Kyle wonders if the federal government can regulate his business
operations. And, if so, under what clause of the U.S. Constitution might the
federal government regulate Kyles business activities? What is Kyles best
argument against federal regulation of his roadside stand and farm businesses
as the operations exist now? Will he be successful in this argument? Would it
make a difference if he opens a store along the highway (I-22)
connecting Birmingham, Tupelo, and Memphis? Under what authority would the
State of Alabama have an interest in Kyles business? What other issues might
Note: As with all Written Assignments, WA1 has a point value of 25 points. This
is to be your own work with no help offered, given, or accepted as per our Class
Code of Honor (which is to be on the coverpage of your submission, see
To help you organize your thoughts, I suggest that you read the fact set; decide
which facts are relevant and which are merely verbiage; based on the information
in Unit 1, decide which information is relevant to the facts; then state the
questions (issues) that you must answer to help Kyle and, for each issue, state
the relevant law (general statement of the applicable law in your own
words). You can apply the law to the issue to reach a conclusion if you like, but
reaching a conclusion is not required. The key is to identify clearly the questions
(issues) that you must answer and state the applicable law that will guide you in
answering each respective question.
Also note that your response to this assignment is to be submitted as an
attachment via the Dropbox function, and not as an email attachment. Use Word
to prepare and submit your work.
Written Assignment for Unit #2
Welcome. This is the second written assignment in BL 240. Before you begin
the assignment, re-read that portion of the course syllabus (see Modules>Getting
Started>Syllabus) dealing with Written Assignments to ensure that you
understand the format (cover page plus no more than two type-written double
spaced pages, content of the cover page, Code of Honor statement, etc.). You
will be graded both on your response to the assignment and on having followed
the directions (format). Note: The legal issues in WA2 may cover any of the
material in Unit 2 plus may include secondary (minor) issues from Unit
1. Remember that verbiage will not be rewarded. Listing the issues and the
controlling law for each is fine. The object is for you to show me that you
understand the material in Unit 2 and can apply it to a specific fact set.
Written Assignment #2: Kyle is looking to move Alabama Sunshine to the next
level. His canned and dried produce lines are growing but he wants to push his
new hot sauce, salsa, and condiment lines. He sees the organically grown
produce operation as gaining a solid, well-rooted consumer base; however, Kyle
wants to expand beyond seasonal produce. He needs a way to communicate an
identity for his new products and, after considerable thought, settles on the
name Kyles Fiery Condiments, a name that Kyle believes will stick to the plates
and palates of his patrons. Kyle has successfully gotten the hot sauce, salsa,
and condiment lines into the United Nutrition Associates (UNA) grocery stores in
Huntsville, Madison, and Birmingham, AL, and has placed red and white
billboards along I-22 in Alabama and US 43 in Tennessee advertising his new
products; his original market in Weston, AL; and his new company website
(KFC.com). The slogan of his new venture, which he uses in radio and TV ads,
is KFC, your assurance of farm fresh, family-focused, affordable food. Shortly
thereafter, Kyle received a certified letter from a well-know, nation-wide chain
restaurant, Kentucky Fried Chicken (KFC), alleging harm to its business
interests, including infringement of and dilution of its trademark and trade name.
Undeterred and determined to put some spice into his profit margin and give
customers a new taste, Kyle decided to kick off the upcoming Thanksgiving
holiday season by introducing a variety pack of his hot sauce, salsa, and
condiments, spicy enough to take the chill out of the air, calling it the KFC
Holiday Pack. The variety packs are now stocked in all of UNAs grocery stores
and prove to be so successful that the stores quickly sell out and UNA wants
more of Kyles variety packs. UNAs chief financial officer (CFO), Candace B.
Ritenoff, calls Kyle promising to buy all of the KFC Holiday Packs that Alabama
Sunshine can produce within the next 30 days and promises to mail a deposit of
$10,000 immediately to seal the deal. Unfortunately, Kyle was out-of-town,
having decided to celebrate the forthcoming holiday season early by touring
the Mobile Bay area to relax and look for new business opportunities. The CFO
left the offer on Kyles office phone voice mail and Kyle did not get the message
until a week later when he returned to Weston. He immediately called Scooter,
his production manager, telling him to crank up production of the variety packs by
running the plant 24 hours a day, seven days a week, and promising Scooter
a hefty bonus if UNAs needs are met. The sudden activity, promise of the
bonus, and associated pressures caused Scooter to relapse back to his old habit
of substance abuse, requiring that he be admitted to a residential detox facility in
Savannah, TN, but not before he had gotten the revised production schedule
operational at the plant.
Kyle is concerned about the letter from the restaurant company, doesnt want to
get in a protracted and costly legal battle, and comes to you, his faithful college
friend, for counsel. Kyle mentions that, after telling his farm field production
workers about restaurants letter, some of them threw overripe tomatoes and
cabbages at passing KFC trucks, causing one of the drivers to run off the
highway, striking several utility poles. Kyle is also concerned that, since he has
contracts with AubumAdvantage Advertising for the billboards and WLEO
radio station for on-air commercials, he could wind up losing a lot of money. As
a passing comment, Kyle mentions that he also has a contract with Crimson Tide
Computer Services for the maintenance of the Alabama Sunshine/Kyles Fiery
Condiments website and asks your counsel about the offer from UNAs CFO and
whether he may have to pay Scooter the bonus as promised.
Written Assignment 1
I declare and affirm that the work submitted for this assignment is my own work product
from my own labor, efforts, and endeavors, and that I did not receive, seek, offer, or accept
unauthorized aid or assistance or use of the work product of another, unless otherwise so
stated fully and completely herein.
Were shipping terms included in the contract with ABF?
If shipment terms were not agreed upon in the contract, the risk of loss depends on if the seller is
a merchant or a nonmerchant. If the seller is a merchant, the risk of loss passes to the buyer
when the goods are actually received. If the seller is not a merchant, the risk of loss passes when
the seller makes the goods available to the buyer.
What shipping terms were in place with the goods that were shipped to ABF?
Title of goods passes from the seller to the buyer in an FOB shipment contract when the seller
delivers the goods to the carrier. Title of goods passes from the buyer to the seller in an FOB
destination contract when the goods have arrived and are available to the buyer for pick up and
the buyer is notified of their availability.
Since all of the goods werent damaged did the store manager have a right to ship them
The buyer has the right to return some or all of the goods in a sale or return contract. In a sale or
return contract, the buyer bears the expense and risk of return for the goods they are unsatisfied
with. More specifically, the buyer can reject the full shipment, accept the shipment and seek
damages for the goods, or accept the goods that conform to the contract and reject the goods that
do not conform to the contract.
Is the transaction considered canceled after ABF sent the goods back?
If a buyer rejects goods, the seller is given an opportunity to deliver goods that conform to the
contract, also known as right to cure. The seller only has the time remaining in the contract to
replace the goods, and the seller needs to notify the buyer in a timely manner that they are
sending different goods to them. In some cases, right to cure can still occur if the time has
already expired through the contract. Additional time may be allowed if: the seller notifies the
buyer and the seller reasonably thought that the initial goods sent would have been acceptable to
Does a contract exist between Kyle and the CEO of ABF?
In order for a contract to exist there has to be an offer and an agreement. Under Article 2,
acceptance can be through any medium that is reasonable under the given circumstances. In this
case, the answering machine message will not suffice because the contract is for over $5,000.
The statute of frauds states that contracts over this amount must be written.
What did Kyle promise Scooter?
Since a certain condition must be met in order for Scooter to receive the gift, this is a conditional
gift. For this to be considered an oral contract, this bonus will have to be less than $5,000.
What should Kyle do when the CEO calls to make sure the goods will be delivered?
After the setbacks caused by the power outage and the plant contamination, Kyle should
probably call for an anticipatory repudiation. This just means that he must provide ABF with a
record that he will not be able to perform the duties of the contract.
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