The Business Roundtable: Business Law

Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.

Throughout the lecture and my prior knowledge, I identified that the influence tactics are obviously relevant to negotiation and they can be utilized in a variety of ways in negotiation. Looking back the activity, it enabled me to have a better understanding of these important techniques and skills as certain tactics my opponents and I may use were examined at the negotiating table.

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.

In 1816, the 2nd National Bank of the United States was chartered by Congress, establishing a branch in Maryland. In trying to protect local business and claiming the unconstitutional chartering of the National Bank, (?????as a direct response????), the state of Maryland passed legislation to impose a tax on all banks not chartered within the state (the Bank of the United States was the only bank that qualified). However, McCulloch, the cashier of BUS’ Baltimore branch, refused to pay this tax and was sued by the state. McCulloch lost in county court and the decision was reaffirmed by the appellate court.

BIS did not breach duty of care because according to "N.Y. GOB. LAW 18-105: NY Code -Section 18-105: Duties of skiers"  10-11, each skier shall have the duty not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles and to yield to other skiers when entering a trail or starting downhill. Craig neglected his duty to both.

Pete’s injury is considered a non-criminal matter. I have recently been assigned his lawyer and we are trying to use the alternative dispute resolution (ADR) method or civil litigation route to resolve the legal matters. After reviewing his case, he has sustained injuries from driving his four-wheeled all-terrain vehicle (ATV) when it rolled over on a trail behind his home. Due to his injuries, he has been out of work and has medical expenses. He is suing the manufacturer for the ATV being defective.

In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.

In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.

Bell Microproducts, Inc. mailed to McGurn an offer of employment that stated that if McGurn were terminated without cause during the first 12 months of employment, he would receive a severance package of $120,000. McGurn crossed out 12 and replaced it with 24, and signed the contract. Bell did not acknowledge the change that had been made to the contract and hired the applicant. McGurn was terminated without cause 13 months later.

Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court)

Although the negotiation turns out to be a half failure, my insight on natural preferences for different types of influence tactics is improved. First of all, before engaging in a negotiation, you have to clearly know what the ultimate goal is for the negotiation and all those bargaining skills and tactics should centre on the objective of the negotiation. Second, knowing your negotiation partner well is extremely important and could play a significant role in reaching the goal. Comparing to my prior knowledge, knowing your partner of the negotiation is definitely a noticeable oversight. Thirdly, after all those preparation work, appropriate influence tactics should be selected to match the characteristics of the other party in the negotiation. For this point, I was much inspired when I saw the others doing the negotiation and they were good at analyzing the negotiation partners and taking advantage of their subordinates’ weakness. For example, one of my classmates used emotional appeal to force Pat Taylor to spontaneously obey and wear the safety glasses by saying that taking the risk of losing the ability to look and see his grandchildren is not wise action and this is because that Pet always talks about his grandchildren. To deal with

Mrs. Turner has decided to start her own business running a private day nursery. It is

6/2/16 – a meeting was held with Shane, in the presence of his Union Representative, Tom Brice, to discuss the allegation that he violated DOT&PF’s Unauthorized Expenditures/Purchases P&P #10.01.022, when he purchased meals while traveling for work on May 16 - 17, 2016.

Negotiating is something that has been around since the beginning of mankind. We all start off negotiating as little kids, even for little things such as candy and toys. When we grow up, negotiating becomes sort of the norm. We negotiate consciously and subconsciously every single day. When you think about it, negotiation takes up most of our lives. We are always trying to see what we can get as a benefit without giving up much. It always comes down to the pie, how big is the pie and who can get the biggest slice. As we become adults with careers, there are ever some that become flat our ‘Negotiators’. This means that all they do for a living is negotiate. They are master negotiators and are praised for being so. When it comes to negotiation, persuasion is also within that talent. You have to be able to get what you want from people without them feeling like they are being taken advantage of and that they are also getting just as big a piece of the pie as you are getting, although in reality they are not.