2.99 See Answer

Question: Siwek took his new Buick to his

Siwek took his new Buick to his dealer for minor repairs. While the car was in the dealer’s repair shop, the dealer informed Siwek that the car was equipped with a Chevrolet engine. The standard engine for a car of the model and year in question was a 2.4-liter 4-cylinder manufactured by the Buick division of General Motors. Before the introduction of the year’s models, the manufacturer determined that there would not be enough engines built to equip all the Buick models manufactured. For this reason, it was decided to install Chevrolet engines in some Buick cars without disclosing the practice to the buyers. Siwek complained to the Illinois attorney general, who filed a class-action suit against General Motors, charging that GM deceived consumers by not informing them of the engine switch.
Principle of law:

> Holley and Holley, an interracial couple, alleged that they were the victims of discrimination in housing as a result of actions by Crank, an employee of Triad Inc. The Holleys sued Meyer, the sole shareholder, the president, and a broker of Triad. Meyer

> Blodgett, while walking on a public sidewalk, was injured when a large piece of wood fell from a construction job at the offices of Olympic Savings and Loan Association. The construction work was being done by Drury Construction Company. Blodgett sued bo

> Washington purchased an automobile from Courtesy Motor Sales, a Ford automobile dealer. After the car was delivered, she discovered that the car she thought was new was, in fact, used and that the odometer had been turned back to conceal the mileage. Was

> Ferrara made a contract with Perret without informing her that he was acting on behalf of National Steel Wire Company. Ferrara had actual express authority, as provided in his contract of agency with National. The contract was breached and Perret sued Na

> Adano Restaurant Supply, which sells only to commercial customers, sold 200 plastic dishes to Airport Diner. When the owner of the diner attempted to wash the dishes in the dishwasher, they were distorted by the heat. Airport Diner claimed that there was

> Walters bought a power lawnmower. Attached to the engine was a tag that read in part, “For 90 days from purchase date Power Engine Company will replace for the original purchaser, free of charge, any part or parts found, upon examination at any factory a

> Gates entered into a contract with Mennonite Deaconess Home & Hospital for the installation of a new, “one-ply roofing system.” The work was to be done by an installer chosen by Mennonite but approved by Gates. When the work was nearly complete, but befo

> Bundeson, a farmer, attended an auction of used farm equipment and successfully bid $1,600 for a tractor. When he returned home, he learned that a real estate developer was eager to buy his farm and build a shopping center on the property. Bundeson agree

> Identify the major provisions of the privacy rule in the HIPAA.

> Gagne made a good living selling snacks, hamburgers, and refreshments at athletic events. He placed a written order with Pacific Container Company for 4,000 Styrofoam containers to be used to package hamburgers. Gagne requested that delivery be made thre

> Hughes purchased a new Lincoln Continental automobile from Al Greene Inc., an authorized new car dealership. On the day of the sale, Hughes made a cash down payment and signed a purchase contract and an application for the title certificate. The understa

> Kiang, a sales representative working for Prat’s Appliances, sold a refrigerator to Pogany. After several weeks, Pogany changed her mind and wanted to repudiate the sales contract. Her argument was that a valid contract did not exist because Kiang did no

> Alttarbi was on a group vacation tour when he discovered that his camcorder was not where he had left it on the tour bus. Later on the tour, Alttarbi noticed another vacationer, Carlsen, with a similar camcorder. When Carlsen was confronted, he claimed t

> Blackburn, a painting contractor, agreed in writing to paint DeSoto’s house for a certain price. After the house was painted, DeSoto asked Blackburn to paint his garage. Blackburn had other painting jobs scheduled and refused the additional work. DeSoto

> Weintraub wished to donate a music rehearsal room to Northern College, from which she had graduated. She hired Hazelton, an architect who specialized in acoustics, to design the room. Shortly after the agreement was made, Weintraub died. Hazelton refused

> Birmingham Automotive Supply Company entered into a contract with the Excel Construction Company to build a chain-link fence around the property of the auto supply company. Included in the contract was a provision that the fence must be manufactured by T

> The employees of Powder Power Tools Corp. were represented by a labor union that had negotiated an agreement covering pay rates. A number of employees did not receive the higher rates of pay specified in the union contract. Springer, an employee, brought

> A restaurant, Pizza of Gaithersburg Inc. (PG), agreed with Virginia Coffee Service (VCS) to have vending machines installed in PG’s restaurants. The contract was to run for one year and was automatically renewable unless PG gave 30 days’ notice. One year

> Dennison agreed to purchase land from Harden with the understanding that the land contained fruit trees. To prove that there were fruit trees on the property, Harden provided nursery reports stating that Pacific Gold peach trees were growing on the land.

> Identify two ways that regulators propose to make health insurance more affordable.

> Anderson was seriously injured in a traffic accident. Anderson’s daughter called a doctor, Lawrence, and told him to “give my father the best care you can give him, and I’ll pay whatever you charge.” The doctor provided the care, but the father died befo

> Jason decided to declare bankruptcy because his financial situation was desperate and his only property was a nearly new car worth about $14,000. In an attempt to conceal the value of his property, he sold the car to his friend Dane for $2,000. He planne

> Alfino borrowed money from Yakutsk and agreed in writing to pay a rate of interest higher than that allowed by local law. Later, when Alfino was called upon to pay, he refused, claiming that the agreement was void because of the usurious rate. Yakutsk, t

> Doran, a young man of 17, married a 17-year-old woman. After the wedding they moved to another city, where they both found work and began to buy furniture and appliances. When they realized that they had been unwise in some of their purchases, they attem

> Maitland, a fund-raiser for Arbor College, solicited contributions for the college’s building program. Hamill Manufacturing pledged a contribution to the program. When the company did not pay, Maitland sued. Hamill claimed there was no consideration. Wil

> The Spring Well Drilling Company entered into a contract with Towne Construction Company to drill a well to supply water to a particular piece of property where Towne was building a house. Spring Well offered no guarantee that water would, in fact, be pr

> Power-Sports wished to obtain Harley-Davidson’s permission to purchase a motorcycle dealership. Power-Sports provided written and oral statements about its business model, and based upon these statements, Harley-Davidson approved the purchase. Later Harl

> Malina, the owner of an old, multistory factory building, offered to lease the building to Larson, a manufacturer. Larson wanted to know whether the construction of the floors was strong enough to support the heavy machinery he planned to install. Malina

> Weaver, a high school dropout, leased a gas station from American Oil Company and signed a standard agreement prepared by the oil company’s lawyers. The lease (contract) contained a clause in fine print that provided that the oil company would not be lia

> Browne offered to sell Houlihan his recently purchased 50-inch plasma screen television set for $6,400. Houlihan sent Browne an e-mail message accepting the offer but asked if she could pay Browne in four equal monthly installments of $1,600. Browne did

> List six types of health-related insurance benefits typically available to employees.

> Grogan, a marketing consultant, was hired by Kreger Bottling Company to conduct market research into the taste preferences of consumers in a major city. Before he concluded the project, he was asked to take on the additional task of analyzing the appeal

> Hodge, a 54-year-old employee of a bank, discussed his job and future with Tilley, president of Evans Financial Corporation and his employer. They agreed orally on a number of matters, including job title and location. After eight months on the new job,

> Fortrell, an aide in a child care center, was particularly concerned about the behavior of a certain child who frequently fought with and teased other children at the center. LaRena, the mother of one of the children who had been a victim of the troubles

> Robin Williams, famous entertainer and comedian, gave a performance at a San Francisco nightclub, The Great American Music Hall. As part of his comedy routine, he disparaged a particular brand of wine, Rege, by suggesting that it would be a great success

> Muscarello illegally sold marijuana, which he transported in a small truck. Police discovered a handgun in the locked glove compartment of the truck. A provision in the firearms chapter of the federal law demands a five-year required prison term for pers

> Searle, office manager of Entro Products, had access to the firm’s checks to be used in paying for office supplies. However, Searle was not authorized to sign them. Each time he wanted to pay invoices, Searle had to have the firm’s president sign them. A

> Franken, president of Monarch Pharmaceuticals Incorporated, was one of only three persons who knew that one of the firm’s experimental drugs had just been approved by the federal government. The drug had been found to cure several serious diseases. As so

> DeCoster and his son, owners of a large egg production company, negligently sold eggs contaminated by salmonella poisoning, causing illness to 1,939 people, according to an estimate by the U.S. Centers for Disease Control and Prevention. According to est

> Buckley, a worker in a restaurant, stole a credit card from the coat of its owner with the intention of using it to charge goods. He purchased some merchandise at a retail store and paid for these goods by presenting the stolen credit card to the salespe

> At a special meeting, the board of directors of Family Federal Savings & Loan Association asked Newton, its president, manager, and director, to resign. He did so. Shortly thereafter, a reporter for the Oregon Statesman talked about Newton’s resignation

> List the most common of the numerous forms of medical insurance available to individuals and employers.

> Explain the due process and equal protection clauses of the Fourteenth Amendment.

> Fletcher-Harlee Corp., a general contractor, solicited bids from subcontractors on various aspects of a building project for which it intended to compete. In response, Pote Concrete Contractors Inc. submitted a written price quotation for providing the c

> Sanderson Mart ran an advertisement in the Daily Tribune that stated, “Special offer to our customers—3/8-inch Electric Hand Drills, Saturday only— $14.99, only 100 in stock, while they last! Be here when we open for the bargain of the year!” Cruz arrive

> An inspector from the department of weights and measures in a particular city made a routine examination of the gasoline pumps at a service station to check their accuracy. The inspector found that one pump delivered only 4.5 gallons when the meter showe

> English was an employee of the city of Long Beach, California. His fitness to perform his duties was brought into question by an administrative agency of the city that customarily held hearings where such decisions were made. English was not notified of

> Stotts was employed as a technician in the engineering department of Raytron Corporation. All the engineers on staff were required to sign agreements that they would not accept employment with another company in the industry within three years of leaving

> The law in a particular state provided that the commissioner of insurance had the authority to approve or not approve the rates charged consumers for automobile insurance. The managers of a particular insurance company believed that the services they pro

> Dasey was employed as a state trooper by the Massachusetts Department of State Police. In his employment application, Dasey stated that he had not used illegal drugs during the previous five years. Later, during an unrelated homicide investigation, a vid

> The GDGS Corporation adopted an arbitration policy and announced it to its employees via e-mail. The policy stated that arbitration was the exclusive means of resolving legal disputes between employees and the company. When Campbell, one of the employees

> Ayer, an engineer with product development responsibilities, was confronted with an ethical dilemma. He knew that a product being manufactured by the firm was unsafe for consumer use as a result of cost cutting. He also believed that if he complained to

> Distinguish between the two most commonly used advance directives—the living will and the durable power of attorney for health care.

> Packerd owned a restaurant that employed several employees as servers. When sales began to decline, Packerd decided to fire three servers. He selected Artemuk, who had numerous complaints about her service; Bednerz, who would soon be leaving for jury dut

> Zanucky was employed by a furniture store as a driver of a delivery truck. While making a delivery, he negligently drove through a red light, and the delivery truck struck a vehicle operated by Gittins, who was injured in the accident. a. Can Gittins sue

> What are the three major classifications of crimes?

> What is the difference between a tort and a crime?

> Explain why legislatures establish regulatory agencies.

> Discuss several responses by businesses to ethical issues.

> Discuss the relationship between ethics and the law.

> Suggest several unfavorable consequences facing a business firm that consistently engages in unethical practices.

> Discuss and provide examples of values that are highly regarded in our society.

> Identify some typical issues for people who are ethically concerned with the environment.

> Discuss five exceptions to foreign sovereign immunity pursuant to the Foreign Sovereign Immunities Act.

> Describe the two broad categories of ethical reasoning, including the similarities and differences between the two.

> Define negligence and distinguish between the different types of negligence.

> Describe conversion and explain its main purpose.

> Explain the two common defenses to charges of defamation.

> Explain the differences between libel and slander.

> Describe defamation.

> Explain the nature of torts and identify some common torts.

> Discuss several common crimes of particular concern to businesses and employees.

> Identify the three major classifications of crimes.

> Define crime and distinguish between crimes and torts.

> Discuss the goals of NAFTA and the means it uses to achieve these goals.

> Discuss some ways businesses can ensure ethical practices.

> Discuss the relationship between law and ethics.

> Cite several influences on group and individual values.

> Distinguish moral law from legal obligations.

> Cite and describe the major classifications of law.

> Explain the reasons for the preparation of the Uniform Commercial Code.

> Identify the principal sources of law in the United States.

> Distinguish among ethics, morals, and values.

> Discuss the application of law in today’s world.

> Indicate whether each of the following statements is true or false. 11. Fraud may be committed either by spoken or written words or by acts or conduct. 12. Intentional concealment of material facts is just as fraudulent as making false statements. 13. A

> Explain some provisions of the Master Settlement Agreement.

> Indicate whether each of the following statements is true or false. 11. In order for an offer to be valid, it must be definite and certain. 12. The person who makes a proposal to enter into a contract is the offeror. 13. In order for an acceptance to be

> Indicate whether each of the following statements is true or false. 16. All agreements between two competent parties are contracts. 17. Written contracts must be handwritten to be legally enforceable. 18. Implied contracts are those dealing only with per

> Indicate whether each of the following statements is true or false. 6. Each level of government usually has three branches: executive, legislative, and judicial. 7. Executives at all levels of government are elected by the voters. 8. The heads of adminis

> Indicate whether each of the following statements is true or false. 16. The federal Constitution has been amended more than 100 times. 17. Both federal and state courts have the power to determine whether laws enacted by legislatures or decisions made by

> Indicate whether each of the following statements is true or false. 11. A tort is a violation of the rights of a particular person. 12. Tort law is concerned with compensation for losses suffered by injured parties. 13. Defamation includes both libel and

> Indicate whether each of the following statements is true or false. 11. When a patient consults with a physician, the two parties are entering into a legally binding contract. 12. When a physician or other health care provider acts negligently, the patie

> Indicate whether each of the following statements is true or false. 11. The United States lacks the abundance of natural resources that many other countries have. 12. Environmental regulation is not yet a distinct area of the law. 13. The Clean Air Act o

> Indicate whether each of the following statements is true or false. 13. International law is the broad study of the legal systems of major countries, treaties, practices, tariffs and nontariff trade barriers, and import and export quotas. 14. There is li

> Indicate whether each of the following statements is true or false. 6. While the term malpractice is usually applied to physicians, dentists, attorneys, and accountants, it may be applied to all professionals. 7. Good Samaritan laws provide medical profe

> Indicate whether each of the following statements is true or false. 7. Both breach of warranty and product liability lawsuits are based on tort law rather than contract law. 8. The four elements of a product liability lawsuit are duty, breach, proximate

> Summarize the testing procedure required by the Food and Drug Administration in order to gain approval to sell a drug.

> Indicate whether each of the following statements is true or false. 8. Acts of an employee while performing duties of employment are considered the acts of the employer. 9. Workers’ compensation laws are designed to ensure that all employees are paid fai

> Indicate whether each of the following statements is true or false. 6. An employee may sue a third party for a work-related injury or illness, even if the injury or illness occurred while the employee was on the job. 7. Federal law requires that employer

> Indicate whether each of the following statements is true or false. 6. The Securities and Exchange Commission requires that prospective investors review all of a firm’s financial information prior to purchasing any stock in the company. 7. Touting occurs


See Answer