True/False
1. Washington' s Consumer Protection Act can be used to enforce its Residential Landlord-Tenant Act provisions.
2. In order for a court to confirm that two “partners” have truly formed a partnership through their written agreement to acquire real estate, the partners must prove that they are actively carrying on a business; mere passive ownership of property is not enough to establish the existence of a legal partnership.
3. An agent with express authority from a principal to sell real property at a non-judicial foreclosure sale for a stated minimum amount will still bind the principal to a sale of that real property for a lower amount, if the agent mistakenly opened the bids for sale of the property at that lower amount, and the buyer could have reasonably relied upon the agent’s apparent authority to sell the property for the lower amount.
4. If the seller delivers nonconforming goods, like Christmas trees with brown needles, which the buyer rejects, the seller owns the goods after rejection, but the buyer must hold the goods with reasonable care at the seller' s disposition, for a time sufficient to permit the seller to remove them.
5. Piercing the corporate veil is an equitable remedy imposed to rectify an abuse of the corporate privilege, where the court looks past the corporation, to those with ownership rights, to impose liability.
6. Washington has been granted permission by OSHA to administer its own worker/workplace health and safety plans, and does so through WISHA, the Washington Industrial Safety and Health Act.
7. In Washington, damages for wrongful termination in violation of public policy do not include damages for emotional distress.
8. Requirements contracts (for the sale of goods) are not ever enforceable, because they are illusory contracts. Hint: check UCC notes
9. The main difference between an LP (a limited partnership) and an LLLP (a limited liability limited partnership) is that in an LLLP, the general partner(s) can be shielded from liability, often to the same extent as the limited partners.
Multiple Choice
10. A buyer’s remedies for a seller’s breach of a contract for the sale of goods might include, but are not limited to,
A. Compensatory damages for non-delivery or repudiation of the goods.
B. The buyer' s procurement of substitute goods.
C. The buyer' s incidental and consequential damages.
D. Any of the above remedies, if applicable to the contract breach.
11. In order for an employer to have a defense to an employee’s claim against the employer that the employee’s supervisors created a hostile work environment based upon gender discrimination,
A. the employee must have had no tangible employment action taken against him or her.
B. the employer must have taken reasonable steps to avoid discrimination, and to have taken reasonable steps to investigate and discipline any supervisors alleged to have discriminated against other employees.
C. the employee must have failed to follow the notification procedures to the employer for any alleged claims, or had a reasonable excuse for not doing so.
D. all of the above must be true.
12. The Ninth Circuit Court of Appeals has determined that if an employee is given authorized access to confidential computer data by the employee’s employer, and the employee later shares that confidential data with a former employee in a way that violates the employer’s computer use policies, the former employee
A. has exceeded his authorization for purposes of prosecution under the Consumer Fraud and Abuse Act (CFAA).
B. can be federally criminally prosecuted under the CFAA’s prohibition of obtaining information from a protected computer “without authorization.”
C. cannot be federally criminally prosecuted under the CFAA’s prohibition of obtaining information from a protected computer by “exceeding authorized access.”
D. two of the above statements are correct.
13. Under Connie' s specific duty of “loyalty” to Christie, when Connie is Christie' s agent,
A. Connie must perform all the lawful tasks Christie assigns her.
B. Connie must act to serve Christie' s interests, and place Christie' s interests before her own, so that there is no conflict of interest.
C. Connie must notify Christie of any activities involving the agency relationship.
D. none of the above.
What are social entrepreneurs and social intrapreneurs? Explain your answer in 200 words
The regular increase in health expenditures has been attributed, in some part, to the development and utilization of new technologies. Compared to other factors that influence expenditure growth, how significant is the technology factor? What efforts have been made to control the use of technologies and limit their effect on expenditure growth?
Please answer: Steps of turning ideas into particular business? Challenges of entrepreneurs? Difference between entrepreneurs and intrapreneurs? Please answer: Steps of turning ideas into particular business? Challenges of entrepreneurs? Difference between entrepreneurs and intrapreneurs?
Assume yourself as an entrepreneur of a small-scale business in Saudi Arabia. (Lo 1.1, 1.2 & 1.3)
Write brief notes on the following objectives:
1. Owners
a. Your Business Name, Address, E‐Mail
2. General Business Description (300 – 400 words)
A. What business will you be in? What will you do?
•Mission Statement
•Company goals and objectives
B. Business Philosophy
a. What is important to you in your business?
• To whom will you market your product?
• Describe your Industry: Is it a growth industry? What long term or Short-term changes do you foresee in the industry? How will your company take advantage of it?
• Describe your most important company strengths and core competencies: What factors will make the company succeed? What do you think your major competitive strengths will be? What background experience, skills, and strengths do you personally bring to this new venture?
• Legal form of ownership: Sole proprietor, Partnership, Corporation, Limited liability corporation (LLC)? Why have you selected this form?
3. Products and Services
a. Describe in depth your products or services. (Technical specifications)
b. What factors will give you competitive advantages or disadvantages? Examples include level of quality or unique or proprietary features.
PLEASE PROVIDE NEW ANSWER!!!!!
Read any case study ChapterC7, Negotiation: Readings, Exercises, and Cases (7th Edition). Prepare and write a negotiation strategy for the two players. What should each reasonably expect from one another, and why?
Sick Leave
Kelly tried to control her anger as she thought about her supervisor. She couldn’t understand why he was being so unreasonable. Maybe to him it was only a couple days of paid leave and not worth fighting over, but to her it meant the difference between being able to go on vacation during Golden Week or having to stay home.1 She looked at her contract and the phone number of CLAIR on her desk. She wasn’t the only person in the office affected by this. She sat and thought about how she should proceed.
Kelly
Kelly was 22 years old and had been working for the past six months at the Soto Board of Education office in Japan. This was her first job after graduating from college with a degree in management, and she was really excited to finally be in the real world.
Kelly was born in Calgary and had spent most of her life in Alberta, Canada. Kelly’s father was a successful lawyer in Calgary, and her mother was a high school English teacher. Kelly had an older sister, Laurel, 27, who had just passed the bar exam and was working for a corporate law firm in Edmonton.
Kelly had studied Japanese in high school and in university and spoke and wrote the language quite well. When she was 15 years old, Kelly spent four months in Japan on a school exchange. She had enjoyed the time she spent there and always planned to return one day. Upon graduating from high school, Kelly went to the University of Alberta, in Edmonton, to study management.
During her final year at the university, Kelly heard some of her friends talking about the Japan Exchange and Teaching (JET) Program. She was told that it was quite easy to get accepted—all an applicant needed was a university degree and an interest in Japan—and that it would be a great way to make money and see another part of the world. Kelly would have her degree by the end of the year and thought that having lived in Japan and knowing the language showed enough interest to have her application considered. Kelly thought that a year or two in Japan after her management degree would improve her Japanese and give her more of a competitive advantage when she returned to Canada to begin her career. She also thought that it would be a great way to make money and have some fun before she came home to start a real job. She asked her friend how she could apply to the program and returned home that night to work on her résumé.
AJET
The Association for the Japan Exchange and Teaching (AJET) Program was an independent, self-supporting organization created by JET Program participants, whose elected officers were all volunteers. Membership in AJET was also voluntary. AJET provided members with information about working and living in Japan and provided a support network for members at the local, regional, and national levels. Many Japanese and JETs considered AJET to be the union of the JET Program participants.
The First Job
Kelly looked over the information she received from the JET Program. There were two different positions available: (1) the coordinator for international relations (CIR) and (2) the assistant language teacher (ALT). The first position sounded quite interesting to Kelly since applicants were required to have a functional knowledge of Japanese. ALTs, on the other hand, were not required to know any Japanese before arriving in Japan. She realized that her odds of getting accepted were greater if she applied to the second position since almost 600 ALTs were selected across Canada, compared with only 25 CIRs. Kelly was chosen for a CIR interview but in the end was offered a position as an ALT. At first, she was a little disappointed, but then she reminded herself that her original goal was to perfect her Japanese, and she started to look forward to her trip to Japan.
Kelly received a lot of information about working and living in Japan from CLAIR. CLAIR also offered several predeparture training sessions and orientations about life in Japan and its potential problems, but she decided not to attend because after four months in Japan she already knew what to expect.
The Placement
Kelly was sent to Soto, a medium-sized city on the island of Shikoku. Kelly found the area a far cry from Osaka, where she had stayed the previous time she was in Japan. Soto was, in Kelly’s opinion, “a small provincial town, stuck in the middle of nowhere.” She had enjoyed the activity and nightlife of Osaka and, except for sports, her only entertainment options in Soto were one movie theatre, several pachinko parlors,2 and scores of karaoke bars. Kelly very quickly developed the habit of going away on the weekends to tour different parts of the island. She would also use her holidays to take advantage of visiting parts of Japan that she might never again get a chance to see. After a few months, Kelly decided that Soto was at least a good place to improve her Japanese since not many people spoke English very well, and only a few other foreigners lived there.
Kelly worked at the board of education office three days a week and visited schools the other two days to help with their English programs. There were three other JET participants who worked in the same office: Mark, 27, another Canadian; Andrea, 26, an American; and Suzanne, 25, from Great Britain. Like Kelly, Suzanne had been in Japan for only the past six months, while Mark and Andrea had been working there for a year and a half. Kelly was on good terms with the other JETs in the office, although she was closest with Suzanne since they had both arrived in Japan at the same time and had met at their orientation in Tokyo.
Although Kelly had lived in Japan before, this was the first time she had worked in a Japanese office. She had learned about Japanese work habits in a cross-cultural management class at the university, yet she was still surprised at how committed the Japanese were to their jobs. The workday began each morning at 8:30 with a staff meeting and officially ended each night at 5:00 p.m., yet no one left the office before 7:00 or 8:00 p.m. The Japanese also came in on Saturdays, which Kelly thought was absurd since it left the employees with only one day a week to relax or spend time with their families.
Kelly and the other JETs in the office had a standard North American contract given to them by CLAIR which stipulated hours, number of vacation days, amount of sick leave, and so on (Figure 2). The contract stated that the JET participants only worked from Monday to Friday until 5:00 p.m. and did not mention working on Saturdays. Neither Kelly nor the other foreigners ever put in extra hours at the office, nor were they ever asked to do so.
Article 11: Paid Leave
Section 1
During the period of employment and with the approval of his/her supervisor, the JET participant may use 20 paid holidays individually or consecutively.
Section 2
When the JET participant wishes to make use of one of the above-mentioned paid holidays, he/she shall inform his/her supervisor three days in advance. Should the JET participant wish to use more than three paid holidays in succession, he/she is required to inform his/her supervisor one month in advance.
Article 12: Special Holidays
Section 1
The JET participant shall be entitled to special holidays under the following circumstances:
- Sick leave—the period of serious illness or injury resulting in an acknowledged inability to work.
- Bereavement—the period of 14 consecutive days, including Sundays and national holidays, immediately after the loss of father, mother, or spouse.
- Natural disaster—the period the board of education deems necessary in the event of destruction of or serious damage to the JET participant’s place of residence.
- Transportation system failure—the period until the said problem has been resolved.
Section 2
Under the conditions of Article 12, Section 1 (1), above, the JET participant may take not more than 20 days of consecutive sick leave. Moreover, if the interval between two such periods of sick leave is less than one week, those two periods shall be regarded as continuous.
Section 3
The special holidays noted above in Article 12, Section 1, are paid holidays.
Article 17: Procedure for Taking (Sick) Leave
Section 1
When the JET participant wishes to make use of the special holidays/leave specified in Article 12, Section 1, he/she must apply and receive consent from his/her supervisor before taking the requested holidays. If circumstances prevent the JET participant from making necessary application beforehand, he/she should do so as soon as conditions permit it.
Section 2
In the event of the JET participant taking three or more consecutive days of sick leave, he/she must submit a doctor’s certificate. The board of education may require the JET participant to obtain the said medical certificate from a medical practitioner specified by the board.
Kelly’s supervisor was Mr. Higashi. At first Kelly thought that he was very kind and helpful because he had picked her and Suzanne up from the airport and had arranged their housing before they arrived in Japan. Mr. Higashi even took the two women shopping to help them buy necessary items like bedding and dishes so they did not have to be without, even for one night.
The Incident
Kelly woke up one Monday morning with a high fever and a sore throat. She phoned Mr. Higashi to let him know that she wouldn’t be coming in that day and possibly not the next. Mr. Higashi asked if she needed anything and told her to relax and take care of herself. Before he hung up, Mr. Higashi told her that when she came back to the office, to make sure to bring in a doctor’s note. Kelly was annoyed. The last thing she wanted to do was to get out of bed and go to the clinic for a simple case of the flu. As she was getting dressed, she thought she was being treated like a schoolgirl by being forced to bring in a note.
Two days later, Kelly returned to the office with the note from a physician in her hand. Andrea informed her that Mark and Suzanne had also been sick and that she had been by herself in the office. She also said that Mr. Higashi was suspicious that the three of them had been sick at the same time and had commented that he knew that foreigners sometimes pretended to be sick in order to create longer weekends. Kelly was glad that she had gone to the doctor and got a note so she could prove that she was really sick. Kelly said good morning to Mr. Higashi and gave him her note. He took it from her without so much as looking at it and threw it onto a huge pile of incoming mail on his desk. He asked her if she was feeling better and then went back to his work.
At midmorning, the accountant came over to Kelly’s desk and asked her to sign some papers. Kelly reached for her pen and started to sign automatically until she noticed that she was signing for two days of paid leave and not sick leave. She pointed out the error to the accountant, who told her that there had not been a mistake. Kelly told the accountant to come back later and went over to speak with Mr. Higashi. To her surprise, Mr. Higashi said that there had been no mistake and that this was standard procedure in Japan. He said that typical Japanese employees normally did not make use of their vacation time due to their great loyalty to the company. If an employee became sick, he often used his paid vacation first out of respect for his employers.
Kelly responded that this was fine for Japanese employees, but since she was not Japanese, she preferred to do things the Canadian way. Mr. Higashi replied that since she was in Japan, maybe she should start doing things the Japanese way. Kelly turned away and looked at Andrea, not believing what had just happened.
The next day, both Mark and Suzanne returned to the office only to find themselves in the same predicament as Kelly. Suzanne called Mr. Higashi a lunatic and Mark chose to stop speaking to him altogether. Kelly was furious that they were being forced to waste two of their vacation days when they were guaranteed sick leave. She threw the JET contract on Mr. Higashi’s desk and pointed out the section that stipulated the number of sick days they were entitled to and demanded that he honor their contract as written.
Mr. Higashi looked extremely agitated and said that he had to go to a very important meeting and would discuss the situation later. The accountant reappeared with the papers for the three ALTs to sign, but they all refused. Suzanne started to complain about Mr. Higashi’s incompetence, while Mark complained about the Japanese style of management. Suzanne said that it was a shame that none of them had bothered to join AJET, for wasn’t this the kind of problem that unions were supposed to handle? Kelly stared at the contract on her desk and said that they could take it to a higher level and involve CLAIR. Andrea said that things could get ugly and people could lose face if it went that far. Kelly took her agenda out of her desk and started looking for CLAIR’s phone number.