PLEASE REVIEW

LegalEnvironment of Business

1ST ASSIGNMENT

Jeff wanted to sell his motor boat. He offered it to Sally for $3700.

Jeff knew that he intended to remove some special water skiing equipment from the boat, which he planned to give to his best friend, Roger, but he never mentioned to Sally anything about his intention to remove the equipment. [Is his Subjective Intent an issue here?]

The ski equipment is very commonly found on this type of boat, and was worth about $375. It was very loosely secured to the top of the boat, but not bolted or otherwise permanently attached to the boat. [Does commonly help Sally or Jeff? Or can both use it as an argument? (Yes, they both can!) And ask the same question regarding loosely attached]

Jeff insisted that Sally take a test drive in the boat, before purchasing it, which she did. After her test drive, Sally agreed to pay the $3700 price. The next day, as they had agreed, Sally gave Jeff the $3700 and Jeff gave her the ownership papers and keys to the boat.

[Can she reasonably expect to get what she was shown on the Test Drive?]

Sally quickly discovered that Jeff had removed the special water skiing equipment. He had also removed his towels, sunglasses, CD Player, and two life jackets, each which had his name embroidered on the front.

Is it reasonable to lump ALL these items together? Or might there be different, reasonable arguments for at least some of these articles? (HINT: YES!)]

Even though she does not know how to waterski, and does not need the equipment, Sally insists that Jeff return it. She says she saw it on the boat when she test drove the boat and it should be included in the purchase price. [Must a buyer know how to use an item to be allowed to buy it? Why?]

Was there an Agreement – Mutual Assent? Do you find a Contract here? Explain!

INSTRUCTIONS:

Analyze a legal dispute — to determine just what the terms of the contract should be — or if there is an enforceable contract at all. CAREFULLY READ the scenario about Jeff and Sally.

On ONE regular page (Single Space), consider and explain the reasoning that supports the arguments for both Jeff and Sally:

About one half of your assignment should be arguments and reasoning that favors Jeff.

About one half of your assignment should be arguments and reasoning that favors Sally.

You should easily be able to fill most, if not all, of a regular typed page. If you finish with only half a written page, you are NOT doing an adequate job of analyzing the numerous potential arguments.

EXAMPLE:

The facts tell you that the ski equipment — which both Jeff and Sally believe they should own — is “Loosely Attached.” This fact could be used as an argument for BOTH sides:

Jeff can reasonably argue that since the equipment is Loosely Attached, this suggests that it is NOT completely or permanently Attached — and when Sally purchases the Boat, she should only expect to receive what was actually a solid or permanent “part” of the boat, (such as the rudder or the steering wheel), so he should be able to keep the “non-permanent” or unattached equipment.

Sally can reasonably argue that since the equipment is Loosely Attached, this suggests that it IS, nevertheless attached, and is not just randomly tossed on the boat, and because it is an attached and integral part of the boat, it should be included with the Boat she purchased from Jeff.

NOTE 1: Mutual Assent, which is a required contract element, occurs when both parties agree to the same bargain at the same time. Mutual Assent is what a Reasonable Person would believe. It is based on Objective Intent – the actual words and conduct of the other party, and not the Subjective Intent (hidden intent), of the other party. When someone has Hidden Intent — a Subjective or Hidden plan unknown to the other party — the Court will disregard that Subjective or Hidden Intent.

(HINT: You cannot do this Homework well UNLESS you Discuss MUTUAL ASSENT!)

NOTE 2: OK – you’ve NEVER purchased a used Boat! But you, or someone in your family, probably has purchased or sold a used car. Consider that car purchase or sale – use it to help you form reasonable arguments here.

NOTE 3: Your answer should focus on these issues: Subjective Intent, Commonly Found, Loosely Attached, the Test Drive, Should All the Numerous Items on the boat be treated Exactly Alike, and Mutual Assent.

If you buy a used car, is the stereo included? Do you get the four tires, or just the car? What about the battery? The spare tire?

Perhaps you are thinking you get only the items that are PERMANENTLY ATTACHED? Maybe not — the TIRES are not Permanently Attached, but it seems reasonable they are included in the Sale of the Car, even if you do not ask for them! (Could it be because they are Essential to the Operation of the Car?)

And what about the pile of cassettes and CD’s on the passenger seat? Are they included if you see them in the car while you are taking a Test Drive? Must you ask the seller for any – or all – of these items? Why? Do you need to know how to drive — or even be a licensed driver to purchase a car? Why?

DUE DATE and TIME

HW1 is DUE by the End of WEEK- NO LATER than Midnight, Pacific Time, on SUNDAY.

2ND ASSIGNMENT

FROM IN OUR DEFENSE

The First Amendment provides us with FOUR of our most significant Rights: Speech, Religion, Assembly and Petition.

The first story — Missouri Knights v. Kansas City — tells you much more than just the story about the First Amendment conflict that occurred when the KKK tried to broadcast their program on the local public television station. The Authors also present you with a short history of a far more important concept — the development and expansion by the United States Supreme Court (USSC) of the meaning and scope of Speech under the First Amendment.

From the World War One period, when the USSC created the Clear and Present Danger test — to the TWO key cases (with very different results!), involving Communists in the 1950s, to the 1969 Brandenburg case, where the Court established the current “imminent violence” rule — the Court often changed the tests, the rules and thereby expanded the scope of our protected (legal) speech.

Write a Summary or Re-Statement of how the USSC expanded the meaning, interpretation and limits of the First Amendment Right of Free Speech during the 20th Century. Do you understand the Clear and Present Danger test that sent Mr. Debs to prison? This C & PD Test enabled the government to stop just about any speech, by just arguing it caused a Clear and Present Danger!

Do you understand why the Court found a difference between advocating violence and advocating a belief in violence in the Communists cases?

Do you understand the modern rule that requires a showing of imminent or immediate violence before the Court will find unprotected speech and allow that speech to be punished?

Explain how the interpretation of the First Amendment changed in the 20th century. Discuss the key Tests, Rules and Cases as outlined in the first story from IN OUR DEFENSE.

Briefly Explain WHY you think the Court has changed the rules and interpretation of this part of the First Amendment.

(One Page, Single Space)

3RD ASSIGNMENT

ROSALIE, JONATHON & the DATE

Rosalie, a well-known, wealthy widow, and a high society member who participates frequently in gala fund-raising events for the Opera, the Ballet and the Symphony, invited a gentleman, Jonathan, to her posh estate, for dinner. After dinner, he was to escort her to the Opening of an important Art Exhibit, at the very famous museum near where she lived. Jonathan, a humble College Professor, eagerly accepted her offer. It was to be their very first date.

Jonathan spent lavishly to create the proper impression, and to make sure he did not embarrass her in front of her friends. For his first rendezvous with ravishing Rosalie, he purchased a new suit, new shirt and tie, new shoes, fresh flowers, a rare 1959 Cabernet, and rented a new Maserati to drive her to the museum.

On the designated date, Jonathan, drove to her hillside mansion, entered the gated driveway, and left a $100 tip with her parking attendant, who parked his car in the guest garage. But when the front doors of her home opened, her Butler informed him that Ms. Rosalie had left for the evening, and had not advised him about any visitors, dinner company, or museum opening for that evening. The Butler would not allow him to enter and wait for her.

Jonathon was quite distraught when he left her palatial estate – and he lost control of the Maserati – slamming it into a pole when he returned it to the dealer. The crash caused $12,000 damage to the car – and since his insurance only covered $9,500 – he was responsible for $2500.

Jonathan sues Rosalie to recover his expenses, including the suit, shirt and tie, shoes, flowers, wine, car rental, car repair and tip. He also intends to ask the Court to give him $800 for the estimated value of his lost time – 4 hours, at $200 per hour. (He used the hourly rate his attorney charges to estimate how much his time is worth!)

Will Jonathon collect any of the money he is asking for? Explain why or why not!

Courts usually prefer to avoid becoming involved in Romance Relationship disputes.

But a Court will occasionally get involved with these issues:

When a Bride or Groom has failed to show up for the Wedding ceremony – or one dropped out just days in advance **Courts have often ordered that the expenses incurred by the other person be reimbursed! (It’s Reasonable to expect that each person – the almost-bride and almost-groom – may incur considerable expenses preparing for the wedding.)

**There have even been a few cases where Courts have ordered a boy – who failed to show up to take a girl to the Junior Prom – to reimburse the girl for her Prom expenses. (new dress, new purse, new shoes, and new hair style.) The Court said that after she accepted his invitation, it was Reasonable for him to expect she would spend a considerable amount to prepare for the Prom.

Note: Is there a difference between a date (agreement) to meet after the High School football game for a burger and fries, and a date (agreement) to attend the School Prom? Why or why not?

Is there a difference between the passionate promise often offered late at night on a first date that of course I’ll still love you in the morning, and the compelling promise to show up for the wedding ceremony, made after a year of dating, discussing and planning? Why or why not?

You do not need to find much law in the textbook for this homework assignment. Try to use some basic Common Sense, and perhaps a rule or two about contracts that we have discussed in class.

Focus on the concept of what a Reasonable Person would expect in various romance/relationship situations. The concept of Reasonable Expectations is a common one Courts use to help resolve disputes.

Ask yourself, as you look at the many possibilities above, what would a Reasonable Person Expect here?

BUSINESSCOMMUNICATION

Let me explain something about the Assignments that you will see throughout this Course.

They are not sophisticated.

They are not difficult to understand or read.

They do not require research.

They are not about great issues in human philosophy or significant issues of national controversy.

I do NOT want the Assignments to require you to do research, or to make you worry about getting the “right” answer, or to require you to have a strong background in any one particular field or topic.

What I want is for the subject matter of the Assignments to be so simple and straight forward that you can focus on your WRITING, Focus on your AUDIENCE ANALYSIS, ORGANIZATION, WORD CHOICES VOCABULARY, and STYLE.

So don’t look for DEEP and DIFFICULT Assignments. Instead, look for opportunities to THINK about the way you Communicate — are you successfully “selling” your points, your thoughts, and your ideas? How well have you Analyzed Your Audience?

Assignment #1

Negative Message Letter

You are the Energy Information Specialist for Granite Gas & Electric Company. Granite Gas & Electric offers videos and speakers, at no charge, to local groups and organizations. These videos and speakers help your company educate the public about energy conservation issues, and also help you build and maintain a good service reputation with your customers and the public. (Sounds like Goodwill!)

You have received a letter from Karolyn Minocha, Vice President of the Fairfield High School Community Advisory Board, asking you to reserve a video for her called The Energy-Efficient Home, for her Community Advisory Board meeting in three weeks.

Unfortunately, The Energy-Efficient Home is your most popular video and all have been reserved for the entire next month. You are a little surprised by her late request, since most customers seem to know that they need to reserve videos much earlier to ensure availability!

(Your reservation request book shows you that all three videos are reserved for the next three months!)

You have two videos on somewhat similar topics: Landscaping for Energy and Water Savings, and The Heat Pump: Is It the Answer for You? You know that it is your general rule to only reserve the videos on a “first-come, first-served basis” and you cannot be certain that these two videos will be available, by the time she responds to your letter.

WRITE A LETTER to Ms. Minocha, and tell her the bad news about the video she is hoping to reserve for her meeting next month.

Remember that Negative Messages must be proceeded by a Buffer.

Should you tell her that well-organized people usually contact her at least two months in advance, to ensure the availability of videos, or would that just seem to be another “slap” in her face, after you have already disappointed her by telling her that the video is not available?

Think about what you can do to re-build Goodwill after you tell her the video she wants is not available. Should you follow your usual policy of “first-come, first-served” for the two similar videos, or might it be best to do a little more here for her — perhaps hold one or both videos for a week, to enable her to have time to reply to you?

What else can you do with your approach and tone in this letter to try to re-build Goodwill for Granite Gas & Electric?

NOTE: One Page Maximum for this Letter.

Assignment #2

WALL STREET JOURNAL — AUDIENCE ANALYSIS

Choose TWO Articles from the WSJ from the past two weeks.

Look for Articles that describe, interpret, discuss, or deal with AUDIENCE ANALYSIS.

You can easily find numerous articles about firms that are launching a new product, struggling to sell a product, trying to market an old product to a new audience, or giving up after concluding that they cannot find — or did not find — an audience for their product.

You may also use articles about Government Agencies and Government Organizations– such as the FCC, the SEC, The US Congress or The California Legislature — these agencies and organizations also try to analyze their audiences, to determine how to sell their “products” or messages — and to find out what they need to do, or need to stop doing!

(Do you think both the FCC and Congress would have convened public hearings a few years ago about Television Broadcast Decency Standards, if there had been NO public uproar about Janet Jackson’s Super Bowl Breast? They see the public is “outraged” — and these politicians respond immediately to their audience. (Even if they are not really doing anything useful, they try to make it look like they are being responsive to the public!)

There are also articles about Political Candidates, (Obama, Rick Perry, Mitt Romney and Michele Bachmann, Sarah Palin) who are trying to analyze their audience to be elected to office. There are even articles about Countries, such as Pakistan, Great Britain, Iran and Iraq, Israel and Libya — which are often working to change the message that their international Audiences hear — where successful results can often mean great financial or political gain in the World Marketplace.

Briefly describe, explain and comment on the Audience Analysis issue: problems, successes, mistakes, hunches, gambles, and strategies. Write just under half a page for each article — and complete the assignment on one page.

You have some choices here — you can describe or review your first article, and then write about the second article, or you can write about both articles, comparing and contrasting the Audience Analysis issues from both articles.

This Assignment is somewhat like those short Book Reports you may have done in Elementary School — do you remember those Book Reports, where you would try to tell your teacher just enough about what happened in the book, so that she would know, or think, that you really did read it??

NOTE: I want you to do a little MORE!! Please do NOT just List or Repeat what the article says! I want you to THINK about the quality, success, or failure of the Audience Analysis! Tell me, briefly, what would you have done differently? Or what was remarkable about the insight of the firm’s Audience Analysis? Or did they completely misunderstand who their audience was? Why?

Even though the Lecture Notes do indicate that it would be more proper and courteous to use a LETTER Format to contact your Professor, for this Assignment, use a MEMO!

Do NOT comment on the Audience Analysis done by the WJS Reporter!

It is NOT the point of this Assignment for you to discuss whether the writer of the article correctly predicted that there would be an Audience interested in reading the article.

DON’T tell me that the article was chosen to reach any certain audience in the world of WSJ subscribers!

DON’T tell me that the author of the article believed that a certain part of the WSJ Audience would be interested.

Assignment #3

You work for a small company called NIRVANA TIME. Your firm has just developed a new Alarm Clock, which you have named the NIRVANA ALARM CLOCK. (You may wish to note how “NIRVANA” is a particularly interesting name for an alarm clock.)

Your plan is to sell the new Alarm Clock to College Students.

Write a SALES LETTER that is suitable to use to market your new product.

Here is some data about the new NIRVANA ALARM CLOCK:

· It automatically resets the Alarm for the same time on the next day.

· It has a sturdy, non-tip Base.

· It has a 55-Decibel Buzzer.

· It has a Snooze Alarm.

· It is constructed of the finest, durable Polystyrene.

· It is small — measuring only 6 by 6 by 3 inches.

· It has a Luminous Face.

· Available in Red, White, Blue, Purple, Black, Pink Grapefruit and Orange Sherbet.

· It comes with a 2-year Guarantee.

· The Price is $18.99, plus $3.00 for Shipping and Handling.

Here is some additional information for you to use for this Assignment:

Your Position with NIRVANA TIME is: Vice President, New Technology Division.

Your staff has prepared for you a Mailing List with the Name and Address of 10, 000 College Students.

Write the LETTER using the Three-Part Format for SALES LETTERS.

Analyze Your Audience — your tone and style may NOT need to be as formal when you write to these College Students, as your tone and style might be if you were writing to Bank Employees.

Remember to consider the Three Additional Format Requirements!

You do NOT need to mention EVERY feature about the Clock listed above.

Assignment parameters are as follows:

Minimum, One Page.

Maximum, Two Pages.

Business Letter Format.

75 Points Possible.

Assignment #4

Locate and Choose TWO Articles from the WSJ from the past two weeks.

Look for Articles that describe, interpret, discuss, or deal with AUDIENCE ANALYSIS.

You can easily find numerous articles about Firms that are launching a new product, struggling to sell a product, trying to market an old product to a new audience, or giving up after concluding that they cannot find — or did not find — an audience for their product.

You may also use articles about Government Agencies and Organizations and Politicians– such as the FCC, the SEC, The US Congress or The California Legislature, Arnold, or Obama — these agencies, organizations, and politicians also try to Analyze their Audiences, to determine how to sell their “products” or messages — and to find out what they need to do, or need to stop doing!

You will likely find articles about EBAY’s Meg and former Governor Jerry Brown, Toyota, Basketball, Baseball and Steroids, Health Care, Haiti and the Red Cross, and iPods and iPads during the past two weeks; but you can choose Articles on any topic covered in the WSJ.

Briefly describe, explain and comment on the Audience Analysis issue: problems, successes, mistakes, hunches, gambles, and strategies. Write just under half a page for each article — and complete the assignment on one page.

You can describe or review your first article, and then write about the second article, or you can write about both articles, comparing and contrasting the Audience Analysis issues from both articles.

NOTE: Please do NOT just List or Repeat what the article says! I want you to THINK about the quality, success, or failure of the Audience Analysis! Tell me, briefly, what would you have done differently? Or what was remarkable about the insight of the firm’s Audience Analysis? Or did they completely misunderstand who their audience was? Why?

ASSIGNMENT PARAMETERS:

Comment/Review Two WSJ Articles — One Page Maximum

Focus on the Audience Analysis Issues

This Assignment is worth 15 Points

Indicate the Title and Date of the Articles