Assignment on Business Law

Part 1: Scenario 2 - Torts and Crimes

In order to identify whether Michael has committed crime or tort, it is important to understand the difference between tort and crime. The tort can be described as a wrong against an individual whereas a crime is a wrong against the state. If the whole scenario is analyzed critically than it can be said that Michael has performed civil theft. Michael has not performed criminal theft. As this is civil theft than it will be treated as a tort rather than a crime. In addition, the criminal theft is done for taking the other personal property for the intention of permanently taking the property whereas in this case, Michael said that it will not return the property until the company paid his dues wages (Steele, 2017).

Michael has performed a tort because he has intentionally stolen the property with the intention to harm the company. If Michael wants to get its wages back he shroud have moved to the court. It was the best way to get his wages back. The law will help Michael to get his money back. Taking law into his own hands was wrong and now the company has the right to take action against Michael because he has stolen the company’s property worth $500 (Steele, 2017).

The mechanics will not be charged with assault or battery because they have followed the orders given by the management of the company. The company can be charged to assault or battery if the mechanics have threatened or try to injure Michael while they were taking him out of the property. The company can be proven guilty for battery if Michael gets injured from the two mechanics. Overall if the scenario is analyzed it can be said that the company have the right to take action against Michael because Michael has stolen the property and it is a civil theft (Steele, 2017)

Scenario 3— Intellectual Property

If the material which is used by the professor is IP protected and copying the images from the material was not allowed without the consent of the owner of the material then this scenario can have serious consequences. Intellectual property has different categories. The intellectual property rights and its different categories are explained in detailed as follows:

Intellectual property: The intellectual property can be explained as the property includes artistic work, scientific discoveries, trademarks and R&D activities (Marson & Ferris, 2015). These intellectual properties are protected with IP rights across the world. If anyone violates these rights than legal action can be taken against the individuals who have violated the rights. The intellectual property has two categories which are explained as follows:

·         Copyrights that include work of music, literature, art, scientific discoveries and research and development activities.

·         The industrial property includes industrial designs, patents, and trademarks of the corporations.

So if anyone is going to violate the above discussed intellectual property rights than the action will be taken against the party. The violation of the law can be done in the following way:

·         If someone copies the artistic and literary work that is copyright.

·         If someone tries to copy the invention, machines and production design which is known as patents

·         If someone creates a trademark that is similar to the trademark of another corporation.

·         Stealing trade secrets is also illegal.

Therefore it is concluded that these intellectual properties are protected with IP rights across the world. If anyone violates these rights than legal action can be taken against the individuals who have violated the rights (Marson & Ferris, 2015).

Part 2: Scenario 1 – Offers of Business Law

The offer can be explained as the proposal given by one individual or party to another party to create a legal relationship. The offer is considered to be a valid offer if the offer is capable of making legal relations between the two parties. The offer which is made by the offeror should be clear and must not contain any ambiguity. If the offer will contain any kind of ambiguity than the offer will not be considered valid. It is also important that the offer is communicated to the offeree so that the offeree can give its acceptance and the legal relation between the two parties can be established (Kraakman, 2017).

If the scenario is analyzed critically than it can be said that the offer is not communicated to David which is essential for a valid offer. David has called Kelly through the dog’s tag. Kelly is not obliged to pay a reward of $100 because the flyer was a unilateral contract and it was for anyone who will see the flyer and will return the dog to Kelly. If anyone sees the flyer and returned the dog to Kelly only than Kelly was responsible for giving the reward. However, in the current scenario, Kelly is not responsible for giving the reward because David called Kelly without the intention of reward and David had no idea that Kelly has set a reward for returning the dog. So it can be said that if David has seen the poster before calling Kelly than Kelly will be obliged to pay divided the reward money (Sheth, 2011).

Scenario 2 – Consideration of Business Law

The consideration for the organizations for signing a non-compete contract is that the trade secrets of the organization will not be shared with the competitors. The organizations want their employees to sin this contract so that the employees give their time and skills to their organization rather than sharing their skills and abilities with their competitors (Kraakman, 2017). The consideration for the organization is that the companies’ competitive advantage will not be shared with its competitors. The consideration for the employee was the promotion in the organization. The employee was promoted to a higher position in the organization (Marson & Ferris, 2015).

The answer will not be changed if the contract is signed at the time of promotion because the employee will get the promotion and in return, the organization will want Jackson to sign the non-compete contract so that the employee will not work for its competitors (Sheth, 2011). If all the scenario is analyzed critically than it can be said that the consideration for the organizations for signing a non-compete contract is that the trade secrets of the organization will not be shared with the competitors (Marson & Ferris, 2015). The organizations want their employees to sin this contract so that the employees give their time and skills to their organization rather than sharing their skills and abilities with their competitors

References of Business Law

Kraakman, R. (2017). The Anatomy of Corporate Law: A Comparative and Functional Approach. Oxford University Press.

Marson, J., & Ferris, K. (2015). Business Law. Oxford University Press.

Sheth, T. (2011). Business Law. Pearson Education India.

Steele, J. (2017). Tort Law: Text, Cases, and Materials. Oxford University Press.