Thursday, November 21, 2019

See below Coursework Example | Topics and Well Written Essays - 1000 words

See below - Coursework Example Bait and switch becomes unlawful when the seller is not able to or declines to offer the advertised commodity to the buyer, does not avail required quantity of the commodity to the customer, or fails to deliver or commit to deliver the commodity within a reasonable time after an order is placed. In the case however, there is no sale of goods scenario between the shop and the sales personnel and no advertisement at a low price with the aim inducing the other party to a more expensive product. Further, the commission rate does not relate to customers. The situation, therefore, does not identify an unlawful bait and switch (Emerson 253). Set 2- b The case involves a college scenario in which a worker discovered money during a mass clean up. The college offered lockers to students but decided to do a clean up before changing its allocation arrangement for efficient record keeping. Students were asked to clear their property from their respective lockers but cleaners found some things, ma inly old and discarded items, in the lockers. While cleaning, Frank, one of the workers, discovered a small paper bag and found cash amounting to $ 10000 in bills. The college has demanded for the money while frank claims right over the cash and it is believed that the cash could be related to drug sales. The matter to be determined in the case is potential issues for identifying the party with a right over the money and involves whether the money is lost, mislaid, or abandoned property, and the difference between the concepts. The concept of lost property is identifiable and offers a solution to the rightful owner of the money. A property is termed lost if the owner â€Å"negligently, carelessly, or inadvertently leaves it† at a place (Cheeseman 792). In the case, the owner of the cash, presumably a student, was negligent because the institution adviced students to clear all their property from the lockers. Even though owners of some lockers could not be identified, the scho ol is not the owner because it did not know of the property’s existence and could have removed it of notified cleaners of its existence. The concept of lost property that confers ownership rights to whoever discovers a lost property. The money is therefore a lost property and Frank gains ownership (Cheeseman 792). Set 3- a Jake and Kate are members of a limited liability company that is member managed. Jake is a member of a three-person management team while Kate is not. The two are however actively involved in the management and entered into a contract on behalf of the company, each placing $ 1000 as deposit but the management team refused to ratify the contract. Members of a limited liability company have rights and obligations of the members. As a member of the management team, Jake has a right to operate and create contracts on behalf of the company while Kate has no right to engage in any activity on behalf of the company. The two members however have rights to be indemn ified for payments made on behalf of the company. Both members have obligations to be loyal to the company, and to ensure duty of care to the company. In addition, Jake had an obligation to perform fiduciary duties (Cheeseman 662-665). Set 4- a Lorna operates a sole proprietorship business but the enterprise has a separate name, telephone numbers, and account number. She operates the business as a separate entity from her personal life and has stated that the business

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