Please answer the following using the legal principles learned this semester. Ea
ID: 379882 • Letter: P
Question
Please answer the following using the legal principles learned this semester. Each question will be evaluated based on the following rubric, 1 point per question per criteria:
Assessment Rubric for Assignment 5- 20 points total
Identification of Legal Issues (Clarity) 5 points Is the legal issue correctly identified for each situation presented? Is there appropriate use of terminology?
Analysis Explanation (Content) 5 points Does the memorandum use the correct analysis for each identified issue and thoroughly explain the analysis?
Application of Analysis to Facts (Evidence Evaluation) 5 points Does each analysis include all applicable facts?
Conclusion (Are conclusions appropriate based on evaluation) 5 points
Assignment Questions:
Barbie owns a building in downtown Wilkes-Barre that houses a retail store selling clothing. Ken comes in one day and says “I love this building- I will offer you $500,000 for the building”, also giving her a written offer. Barbie responds “I accept, but you must agree to continue operating the store in this building” and writes that on the sheet that Ken gave her. Ken leaves without saying anything. After a few days, Barbie contacts Ken with the documents of sale for the building, but Ken refuses to continue. Barbie insists they had a deal, but Ken disagrees. Who is correct and why?
Assume that Barbie continues to own the building and decides to open a catering business. After some negotiation, she finally sells Ken the building and the catering business. Prior to the sale, Barbie had contracted with Sally to cater a party with an Italian theme. The party is scheduled after the sale of the business to Ken and so Ken contacts Sally to let her know that he has purchased the business and will be catering her business. Sally asks to meet with Ken and at the meeting Sally makes such significant changes to the menu that Ken increases the price by 10%. Sally agrees to pay the extra amount. On the date of the event, Ken is late to the event and fails to provide the menu in the agreement. As a result, Sally sues both Ken and Barbie for the breach of contract. Is Barbie correct?
MagnetoBalls are composed of 216 strong magnet beads that can be arranged into different shapes. Due to the mutual attraction between the mini magnet poles, Bucky balls small magnets cube can be combined in to any geometry freely. These are sold and marketed by MagnetoBalls, Inc. In their marketing Magneto Balls states that they are a “stress relief desktop toy” and “cool magnetic building intellectual toy”. All of the advertising and marketing materials produced by the company contain the prominent warning: “Caution: Keep Away from all Children” but does not explain that the magnet balls can cause severe injury or death to children if swallowed, despite notification from the Consumer Product Safety Commission that an explanation of the danger is needed. The television commercial for the product shows several scenes of people enjoying Magnetoballs, including an executive making different shapes while at a meeting and a group of 13 year old student in class using Magnetoballs for a physics experiment. Ginny Genius, age 13, sees the commercial and purchases Magnetballs to do her own experiment. One of the balls comes loose from the shape she has formed and she accidently swallows it. That night she complains to her parents of severe stomach pain and she is rushed to the hospital. The hospital removes the magnet, but informs her parents that she has lasting damage to her stomach lining as a result of the magnet. Ginny sues MagnetoBalls for the medical costs as well as pain and suffering currently and in the future from this incident. Please evaluate this claim against MagnetoBalls.
David Right, the CEO of Mets Incorporated, decides to hire a sales manager for his growing business that sells equipment to college baseball teams. David places an advertisement in the newspaper that states that the “position requires excellent interpersonal and communication skills, as well as a minimum of 5 years sales experience, preferably in the college athletic market”. All applicants complete an application that asks for name, address, gender and date of birth, as well as a check box indicating that the applicant is a citizen of the United States. Jonas Cespedes and Patrick Murphy both interview for the position. Jonas has 7 years of experience selling to college athletic department, while Patrick has 5 years. During the interview with Jonas, David comments on Jonas’ accent, asking where he “is from”. Jonas indicates that he has lived in the US for 15 years, but prior to that grew up and lived in the Dominican Republic. David also asks Jonas to show his writing skills at the interview. In the interview with Patrick, who was born in the United States, David does not ask for a writing sample and does not ask his country of origin. David hires Patrick for the position, citing his interpersonal and communication skills. Jonas claims discrimination under Title VII. Is he correct? Why or why not?
Slick Boles is a retired NFL football star and has been hired by Sports Enthusiasts, Inc as a spokesperson and marketing advisor. His duties include making major announcements to the press concerning new sports products developed by the company, particularly products related to the sport of football. He also advises the company on issues related to the NFL and negotiates with the NFL on behalf of the company for licenses. The company was very excited to have Slick in this position since his “athletic image” was so powerful with their target market of men aged 16-30.
Slick gets into a terrible car accident (unrelated to work) and is paralyzed from the waist down. After spending one month in the hospital, he meets with the President of Sports Enthusiast and requests the following accommodation: He would prefer not to make public announcements, but if he must do so, he wants to have a special chair behind the podium that disguises his paralysis and makes it appear that he is standing. He has also requested that none of his meetings with the NFL be in person, but that all be on the phone or using video conferencing that hides his wheelchair. Finally, he has requested that the building install ramps to his office, which has otherwise has a step and is inaccessible by wheelchair. The total cost of Slick’s requests are $150,000 and the annual net income of Sports Enthusiasts is $10 million.
Please analyze this fact situation under the Americans with Disabilities Act.
Explanation / Answer
PS - we can answer 4 questions as per the guidelines, please post the remaining cases as an independent question.
1 - In the Barbie case, Ken had offered to buy the building and even had a written contract, where Barbie had written and had asked to continue operation of the retail stores, which Ken did not respond ( As per contract law, ones there are changes in the said contract proposal, the contract stands to be void). In further assumption, Barbie had opened a catering business and after some time, with certain negotiations, she sold it to Ken with a catering business. Sally has a party schedule, who is contacted by Ken for his services, certain change in terms is done by Ken for the contract, which is agreed upon by both sally and Ken. But ken is unable to fulfil his contract and Sally sues both Barbie and Ken.
In the above situation the appropriate terminology is used so that the correct legal issues could be found out, moreover, the legal issues are also mentioned clearly
2 - As per the situation, Barbie and Ken had a contract which was voided by Barbie, again after some time a new contract is made which lea the to sale of building and catering business. The ownership is transferred so is all obligation of the building and the business, where Sally had a contract with Barbie to serve a party, where ken contacts after the sale and makes a change in the existing contract, where both parties agree, hence a new contract. When Ken is unable to fulfil a contract, Barbie and Ken are sued by Sally. Here Sally is wrong to sue barbie as the new contract is formed with changes in the existing contract, which makes the old contract null and void.
3 - Acc to the contract law, if the said terms and condition of the contract is changed by either of the party, then the contract is void and null Here Ken and Sally agreed to the changed terms, which were different from the past contract from the barbie, this means that sally has agreed to the new terms and conditions of the contract, hence forming a new contract. Which removes Barbies liability in the contract. The facts are clearly shown in the case, just application of the law is needed.
4- As per the analysis of the case, Barbie could not be sued, only Ken to be sued as the liability of Barbie had finished when Sally entered into a new contract with ken, where he modified the terms and condition, hence forming a new contract.