Business Law Case

In: Business and Management

Submitted By Shohruh07
Words 936
Pages 4
Neurology Associates LLP. vs Elizabeth Blackwell, MD

An Assignment Submitted by

Name of Establishment

Class XXXX, Section XXXX, Fall 2011

Case: Neurology Associates LLP, vs Elizabeth Blackwell, MD

Overview of Facts

In May 2005, Dr. Elizabeth Blackwell earned her Medical Doctor Degree and she was hired by the Neurology Associates LLP, located in Longville state in June 2005. She has been offered different jobs before, but Dr. Elizabeth concluded by choosing Neurology Associates LLP because of the interval between her home and family. The employment agreement, signed by Dr.Elizabeth, included detailed clauses of compensation terms, vacation, on all duties and fringe benefit package. NA agreed to pay $1,000 for the course that was designed to help prepare future candidates for the test, such as for Dr. Elizabeth Blackwell.
Immediately after hiring Dr. Elizabeth, different conferences were held, and chief directors of NA introduced her to a number of physicians in order to build the referral base for the practice. But in July 2005, one of the partners of NA, Mr. Cohn told her that she needs to sign an additional part of document which was neglected by him during the early negotiations. He mentioned that the document was a standard procedure so it needs to be signed by the end of the workday. The document covered the following facts:
“Section 1: The parties hereby agree, in consideration of the exchange of good, valuable and sufficient consideration, to be bound by the following provision: For a period of three years after the date of her separation from NA, Blackwell agrees that she will not contract with any provider of neurological services, nor compete in any way with NA, within a radius of 50 miles of NA’s practice location. It is acknowledged that this restriction covers the entirety of the southwestern region of Longville.” Blackwell was not…...

Similar Documents

Business Law Case Study

...Selection Exercise Dick and Jane are running an oilfield drilling business. They want to improve on the activities of the business so that they can sell it at a later date. This will be after it has improved on its activities. The business is doing well and there are several things that the business needs to change for it to be suc -cessful and be sold at a good cost. This process includes having a good strategy and by the use of advisors. This oilfield drilling business is known by the name Harry and Sons. They want to improve the activities of the business and make the business grow in order for them to sell it afterwards. Making sure it is performing well will ensure that the selling price of the business will be good and they will not incur any losses. In order to ensure that the decisions that are going to be made in the business are good, it is very important that they first understand the vision of the business that they are operating. This will help them understand the purpose for their operation and what they are planning to be their returns after a given period of time. It is important and very critical to identify the regulatory and legal issues that are supposed to be considered in times of business modification. They should select business professionals and advisors in order for them to help in different issues. In order to do this, it is advisable to begin by hiring a lawyer. Dick and Jane’s business has operated well and made good profits up to this......

Words: 1174 - Pages: 5

Business Law Case Study

...requires that “age [be] the ‘reason’ that the employer decided to act.” Therefore the ruling was in favor for Jackson Memorial Foundation. Mora appealed the decision ISSUE– Did Jackson Memorial Foundation, Inc. wrongfully terminate Josephine Mora because of her age which is a direct violation for wrongful termination under the Age Discrimination in Employment Act or is mixed motive a defense? DECISION – The court reversed the summary judgment and remanded the case because there is a dispute of material fact, which is for a jury to decide. REASON - Mixed motive is not a defense. The court concluded that a reasonable juror could accept that Rodriguez made the discriminatory-sounding remarks and that the remarks are sufficient evidence of a discriminatory motive which was the “but for” cause of Plaintiff’s dismissal. Direct or circumstantial evidence of discrimination in an ADEA claim may “establish a claim of illegal age discrimination through either direct evidence or circumstantial evidence. Landmark cases such as Damon v. Fleming Supermarkets of Fla., Inc. (11th Cir. 1999), it was concluded that an employer’s statement that he wanted “‘aggressive, young men’ like himself to be promoted” was circumstantial evidence of discrimination, were cited. Also cited was, Alphin v. Sears, Roebuck & Co. (11th Cir. 1991) a finding remark by supervisor to plaintiff that he had “been around too long and [was] too old and [was] making too much money” immediately after a......

Words: 467 - Pages: 2

Business Law Case

...To: Dr. DDT MEMORANDUM From: Dena Zapata Date: July 15, 2013 Re: Tammy Jones Case Tammy Jones is a 19 year old resident of Tillman County but appears to be at least 21. Tammy owns and uses a fake Oklahoma driver’s license which lists her age as 21. On the night of August 5, 2001, Tammy goes to a local tavern named Cooter’s Brew, a sole proprietorship located in Kiowa County. At Cooter’s Brew, Tammy is ready and willing to present her fake license to the bartender but he never asked for her identification because Tammy appeared to be old enough to consume alcohol, and having young, attractive females in the bar is good for business. The bartender is not the owner of the tavern, but the bartender has been trained by the owner to request identification from all patrons. Tammy orders and drinks numerous alcoholic beverages. When the bar closes, Tammy gets into her car to drive home even though she is beyond the legal limit of intoxication. Tammy’s friend, Lisa Lu, asks for a ride and Tammy happily obliges. Lisa is sober and knows that Tammy is intoxicated. After leaving the bar, Tammy and Lisa proceed northbound on Main Street toward Lisa’s house, where they have both decided to stay for the evening. Tammy is driving and she is traveling at a rate of 55 miles per hour. The speed limit on the streets in town is 35 miles per hour. At the same time, Sam Smith is traveling westbound in his pick-up truck on Broadway Avenue, a street that intersects Main Street. Sam...

Words: 1103 - Pages: 5

Business Law - Case Studies

...Written Assignment 4 In this case study, Raymond Smith purchases a new car from an unnamed dealer. When Mr. Smith purchased this car, he signed a contract that specifically limited liability for personal injuries as a result of defect in the car, and limiting the solution for any breach of warranty to repair or replace the defective part(s). Unfortunately, one month after purchasing the car Mr. Smith was seriously injured due to an accident in the car caused by a defect in the steering mechanism of the car. Following the crash, Mr. Smith decides that he would like to sue the dealer for breach of warranty; however the dealer defends this action by relying on the contract disclaimer. Despite having specific language in the contract which limits the dealers liability, [UCC 2-314(1), 2A-212(1)] explicitly shows that good may come with an implied warranty. In this instance, there is an implied warranty on the car that it must perform the normal actions of a new car. These actions may be proper steering, braking, etc. According to the UCC, “goods must be fit for the ordinary purpose for which they are used”. Mr. Smith purchased a car expecting it to be able to be used as a car normally does, in this case simply driving/steering. Due to the defect in the steering mechanism, the car was not fit for the ordinary purposes of which it would normally be used. Taking into account that Mr. Smith sustained serious injuries in this crash, it is safe to assume that the car had......

Words: 440 - Pages: 2

Case Study for Business Law

...Unit 7 Case Analysis Certain types of employment require specific genders or qualifications from its employees. Although these types of requirements and discretionary procedures are not well favored by all and could be seen as discriminating, certain jobs and job-related situations would make the employers justified in their practices. Under Title VII and other various acts, employers are prohibited from discriminating against employees on the basis of gender. Discrimination in employment based on gender occurs when employers classify jobs as male or female, advertise in help-wanted columns designated male or female, or make separate lists of male and female seniority (Miller & Jentz, 2008, pg. 481). The plaintiff attempting to file suit must prove that gender was a determining factor in the employer’s decision to hire, fire or promote him or her while the employer must prove that the gender of the employee or applicant is essential to the job (Miller & Jentz, 2008, pg. 481). The Equal Pay Act of 1963 was passed to prohibit employers in engaging in gender-based wage discrimination. For this act’s rule to apply, the female and male employees must work at the same establishment doing similar work. This doesn’t mean that the particular jobs have to be identical in nature. The jobs do need to have substantial similarities in the equality of required skill, effort, responsibility, and working conditions for them to qualify. When courts decide if the Equal Pay Act has been......

Words: 793 - Pages: 4

Case Study of Business Law

...emotional pain. Kimport, Foster and Weitz (2011) indicate “women without prior mental health problems experience post abortion distress” (p. 103). Abortion promotes self-punishment thoughts in their minds. “The medical termination of pregnancy increases the risk of having additional abortions in the future” (Norman et al., 2013, p.1). In case of rape or abuse, we have to punish the perpetrator. “Abortion punishes the child, it is same as a response to the crime of father” (Stephens et al., 2010, p.515). Many people have lifelong regrets later on in their life. “These regrets increase the risk of suicide thoughts in women after abortion” (Mota et al., 2010, p.245). Sometimes parents of teen and single girls force them to get abortion. “Abortion helps families prevent humiliation and shame in the public eye” (Dahlback et al., 2010, p. 256). In some cultures women feel extremely pressured to abort a fetus due to the sex of the child. They are under tremendous stress to give birth to males in order to carry on the family name and if they are unable to produce a male heir they are often physically or emotionally abused by their husband or in-laws. “Abortion shows inequalities and disparities of women face world wide” (Abrejo et al., 2010, p.10). Abusive male partners control ABORTION 4 women’s reproductive health, but control abortion-related......

Words: 1520 - Pages: 7

Business Law Ethics Case

...conforming to the imperative of universal acceptability and not conforming to the imperative of respect, the radio station should not broadcast the prank call. * Virtue Ethics The virtue of courage can be identified from the Aristotle moral virtues in the context to determine whether to broadcast the prank call. This is because there will be a significant personal challenge as whether the manager of the radio station has the courage to remain firm in being socially ethical and go against the idea of broadcasting the prank call which will be the unpopular decision because the prank call can help to entertain and increase the popularity of the listeners. The vice of deficiency of courage is cowardice (Fisher and Lovell, 2013), which in this case the radio station will follow the norm of the past and broadcast the prank call just to increase ratings of the listenership because that will be the popular decision as well. As the mean of the virtue courage is closer related to the vice of excess of rashness (Fisher and Lovell, 2013), the decision made will also be going against the broadcasting of the prank call but without making the proper measures, for example deleting the prank call on purpose. Therefore the radio station should not broadcast the prank call. * Question 2 If I were in the position of the 2 DJs, I would have acted the same way as them after being told that it was ‘OK’ to air the prank call. In doing this, I would be in stage 4 of Kohlberg’s Theory......

Words: 1378 - Pages: 6

Cases for Business Law

...a safe place of work, safe equipment and a safe system of work. -Metropolitan Parks v Percival The respondent lost both legs following a fall from a flat-bed truck on which he worked. During the course of the afternoon, there was an interlude for refreshments. The respondent admitted to having had either three or four drinks of alcohol. The medical report indicated that the respondent was indeed intoxicated as a result. On his way home, the respondent fell from the back of the truck and his legs were unfortunately crushed. The major point in this case was whether MPM had provided a safe work system. The court held that, the failure of duty to provide a safe system was not the effective cause of the accident. It was the respondent’s intoxication that was the effective cause of the accident. A safe system of work had been provided. The system had been ignored by the employees including the respondent. The circumstances of each case have to be considered in determining what is a safe system of work, as the requirements depend entirely on what exits at the workplace and on the level of danger that a situation poses. As such, no fault was found with the treatment of evidence nor with the finding that MPM had not provided a safe system. -Wilsons and Clyde Coal v English Mr. English, a miner was employed at Wilsons and Clyde Coal Ltd. He was injured on work when he was crushed by a haulage plant. His family claimed damages. The company claimed that Mr. English’s own negligence......

Words: 3685 - Pages: 15

International Business Law Cases

...Cases Kern V dynaelectron corporation p.29 Baptist guy being discriminated by civil rights (religion)—only muslism can fly to Mecca (the city) if he flies baptism they were going to kill him. Kern declined the job he says that he was denied an employment opportunity for his religious beliefs the (BFOQ) says that an employer should be hire no matter their religion,sex or natural origins. RISKS were=culture Falocal, Inc v. kurumu p.15 Two companies doing a deal and language was a problem because the contract was translated different, the English and Turkish version contained clauses, which, contradict each other. The Turkish provides that the final jurisdiction of any disputes in the case of the purchaser submitting a claim lies within Houston courts and supplier submitting a claim lies with Ankara courts. The English contract says that all decisions shall be settled in Houston and be submitted to the US Foreign corrupt practices act- places limitations on US business people prohibited from making illegal payments to foreign officials under the Foreign corrupt practices act Disaster at Bhopal case, p. 42, this case talks about union carbide it lacked control over the safety and operations on the indian plant and they claimed no responsibility because 49 percent was owned by intian government and indian government regulations says that they absolve moral responsibility for any accidents Doe v uncoal corporation p.65 U.S. v Liebo, Alien Tort Claims, The alien tort......

Words: 313 - Pages: 2

Business Law Case

...a coffee machine on credit. It has been used for a month and find major quality problems. Sam plays a role of a guarantor for Stacey. Rules &Application The situation requires the application of SGA implied conditions and the Consumer Guarantees under the ACL. Under SGA: To form a contract, there are three elements need to be satisfied: goods, money consideration and transfer of property (s6 SGA). In this case, it is obvious that a sale of goods contract has been formed because it meet all the requirements of s6 SGA. Firstly, the coffee machine is a physical item of property and constitutes goods. Then, Stacey paid money for acquiring it, and it constitutes money consideration. At last, Stacey has acquired the ownership of the coffee machine. Under ACL: To be a consumer, a person needs to satisfy either of two elements. One is the price of the goods or services does not exceed $40,000; or the goods or services are of a kind ordinarily acquired for personal, domestic, or household use.(Section 4B of the Competition and Consumer Act 2010) In this case, Stacey is expected to pay $100 per month over three years and the total price is $3,600 which is less than $40,000. Therefore, Stacey should be regarded as a consumer. Here, several SGA implied conditions and Consumer Guarantees under the ACL have been breached. First, the coffee machine is not of merchantable quality under s19(3) of the SGA (David Jones v Willis ) and not of acceptable quality under s54 ACL.......

Words: 1073 - Pages: 5

Business Law Case Study

...The University of Rummidge organises a conference entitled "Law for small Businesses" which is followed by a luncheon at the Grand Hotel. Jim, a law lecturer, is a speaker at the conference and the conference is attended by Albert who has just started a graphic design business and Percy a well-established market gardener. At the conference Albert meets Barry, a fellow student from University days, whom he has not seen for some time. During lunch, while discussing pension investments, Barry tells Albert that if he (Albert) invests some money in Dunmore Limited (of which Barry is a director), he will obtain a good return on his investment. As a result of this advice, Albert subsequently purchases 20,000 £1 shares in Dunmore Limited. A few months later Dunmore Limited goes into liquidation and Albert loses his money. After the conference Jim, returns to his office in the Law Faculty and finds a student from the Campus Law Centre waiting for him to request him to deal with a client's problem. Jim has agreed to support the students' efforts to provide free legal advice at the Centre and the problem concerns a claim by a Mrs Smith on her insurance policy. Jim speaks to Mrs Smith and advises her that she cannot claim but unfortunately he has failed to note an important change in the law six months earlier which affects her position. Some months later, Mrs Smith reads a story in the newspaper where someone has succeeded in identical circumstances to her own. However, it is......

Words: 1539 - Pages: 7

Business Law Cases

...Name of Case: Skilling v. United States Page: 133 Court/Year: U.S. Supreme Court 2010 Facts: The government accused Skilling and other in a wide-ranging scheme to deceive the investing public. Skilling was indicted with more than 25 counts of securities fraud. The government felt that Skilling benefited “profited from the fraudulent scheme” at the time of trial. According to 1346, Skilling did not commit honest-services fraud. Federal district court jury found Skilling guilty of 19 counts including the honest-services-fraud charge and sentenced him to 292 months in prison and ordered him to pay $45 million. U.S. Court of Appeals affirmed the conviction. The Supreme Court granted Skilling’s request that it hears the case. Final verdict: Fifth Circuit’s ruling upholding conspiracy conviction vacated; case remanded for further proceedings. Name of Case: Arthur Andersen LLP v. United States Page: 137 Court/Year: U.S. Supreme Court 2005 Facts: Andersen audited Enron’s publicly filed financial statements and provided internal audit and consulting services to the corporation. Andersen team had allowed Enron to engage in “off-balance-sheet” for accounting purposes so that it reflected positive returns, which is a violation under GAAP. Later, an Andersen partner began to destroy documents when he was instructed not to because it was against the policy. Andersen was indicted for intentionally persuading its employees to destroy documents. They violated Title 18 of the......

Words: 1024 - Pages: 5

Business Law Cases

...Issue- Did an offer exists, which the plaintiff accepted? Rule of Law- Invitation to treat. An invitation to treat is not an offer in itself but is an invitation to others to make an offer. Discussion- according to the case, Tom placed an advertisement in the Motor Sports Magazine. Advertising to the public at large. The advertisement stated that the car was for sale, not that the seller would sell to all comers. Chris however saw the offer and was interested in taking the offer stated. However, in an invitation to treat it is also starting point of any negotiations. Chris was aware of the invitation and tried negotiating. In other cases such as “Partridge vs. Crittenden (1968)”, where the appellant inserted and advertisement in a periodical “Bramble finch cocks and hens, 25s each”. Also “Gibson vs. Manchester City Council (1979)”. Issue- If “A” makes an offer and “B” makes a counteroffer, does the original offer remains open? Rule of Law- When studied more indepth; a counter offer was also present. A counter offer is said to be an offer made in response to a previous offer by the other party during negotiations for the final contract. Discussion- The case clearly shows that Tom was offering to sell a Triumph TR6 for $10,000. Chris in reply offered $8000 which the defendant refused and stated that cheque was preferred for advertised amount. The plaintiff then sought to accept the original offer of $10,000. However there was no contract. Where there......

Words: 793 - Pages: 4

Business Law Case Example

...Logan V. Canada Safeway Limited et al., 2006 BCSC 1733 (CanLII) Area of Law Negligence: failure to use reasonable care, resulting in damage or injury to another. Negligence involves harm caused by carelessness, not intentional harm. In other words, negligence means being a bystander who foresaw consequences, and did not take any action to prevent the injury as a normal person would. In this case, the Common Law applies. The Story / Facts On May 11, 2003, the plaintiff (Jody Ann Logan) was transferring from a Safeway shopping cart to her minivan. Some plastic bags of groceries that she had just purchased at the Tsawassen Safeway store broke and the groceries fell out, causing injury to her. She alleged that the bag of groceries that contained 2 bottles of pop, 1 carton of milk, and 1 tub of margarine, fell on her right foot and in reaction, she moved and twisted her left ankle. She grabbed at the side of the cart to keep herself from falling and hit her left palm and wrist against it. The Plaintiff claims that Safeway was liable in negligence for not training employees on how to pack plastic bags, in not providing assistance to help the plaintiff transfer bags to her vehicle, and putting too many grocery items in the plastic bag when there was potential danger to occur. To make things complicated, approximately one year after, the plaintiff also suffered injuries in a subsequent motor vehicle accident in April 5,2004 that contributed to her non-pecuniary......

Words: 483 - Pages: 2

Intro to Business Law Cases

...David’s Case In advising if a legally enforceable contract exists between Sam and David, I would first consider the requirements of forming a valid contract. Formation of a valid contract requires six pre-requisites all of which must exist in order for a valid contract to exist. Intention to Create Legal Relations From an objective perspective it can be seen that a reasonable person in Sam’s position would not have had the intention to create legal relations with David. Although this may have been undertaken as a business transaction during the initial contact, it was a social and private arrangement at the time the offer was made. It is also a legal presumption that agreements made in a social environment are not be legally binding[1]. The case of Dietrich v Dare (1980) 54 ALJR 388[2], further illustrates this presumption, where no intentions of a legally binding agreement could be determined. Agreement- Offer and Acceptance “An offer is an undertaking by the offeror made with the intention that it will bind the offeror as soon as it is accepted by the offeree”[3] It can be seen here that Sam had made the offer to David at the end of the phone conversation. The offer met the required rules as set out in Latimer[4] such as the offer being communicated directly to David as well as being made obvious that it was an offer and not an invitation to treat. David had then accepted the offer the following week when he rang Sam to organise the internet connection. ......

Words: 1851 - Pages: 8

SPIEGELKAPPEN VERKLEIDUNG IN CHROM für Smart FORTWO Coupé Cabrio 451 ab 2007 | Venus (2017) | Dienstag 04.12.2018 20:15