Instruction
Revision Feed back for Case study 1
Submission Feedback
Case Study One: Rules of Jurisdiction: Your organization is not as a paper but as short answers. You donot apply the law to the facts and come to a conclusion. Always review your paper to the rubic - did you answer the question you were asked - can the grader find the answer easily.
Case Study One: Alternative Dispute Resolution: Your organization is confusing - you don't discuss mediation here but do talk about it in a later section. I suggest you follow the organization of the rubric - that help insure the grader finds all the points they are looking for so you can get the highest grade.
Case Study One: ADR Preference:You have six parties to this case; Funny Face, Novelty Now; the three owners as individuals and of course the plaintiff. Each may have different preference and you needed to address them as individuals. For example the companies may want arbitration as it is more private – the plaintiff may want to go to court to use publicity to force a bigger settlement. Look over the section on pros and cons and redo this section before you turn it in as part of your final paper. You have the right idea but need to rework and develop it more.
Case study 2 feedback
Case Study Two: Valid Contract: An offer has elements that must be present in order for it to be valid. You must find; parties, price, subject and terms. There is price mentioned nor are the deliver dates specified. Thus I don't see a valid offer. You are correct that there is no consideration to Sam.
Case Study Two: Quasi-Contract: Under promissory estoppel you must find a promise, reliance on the promise and a detriment due to the reliance on the promise . No one has suffered any detriment I can see in the facts.
Case Study Two: Rights and Obligations: It seems you left out the tenants duties - pay rent and do not breach the covenant of quiet enjoyment.
Case Study Two: Defenses:
Sam has the following defenses: He did not receive notice of the noise issue so he could not cure the breach; he had permission to run a business or in the alternative -he was not running a business – no sales, no inventory, etc etc.
Articulation of Response: your writing is fine - easy to follow and read with good organization. Fix the content issues above before you turn in this paper as part of the finally assignment. Good job.
Here are the complete directions for Milestone 3:
Jeb and Josh are lifelong friends. Jeb is a wealthy wind-power tycoon, and Josh is an active outdoor enthusiast. They have decided to open a sporting goods store, Arcadia Sports, using Jeb’s considerable financial resources and Josh’s extensive knowledge of all things outdoors. In addition to selling sporting goods, the store will provide whitewater rafting, rock-climbing, and camping excursions. Jeb will not participate in the day-to-day operations of the store or in the excursions. Both Jeb and Josh have agreed to split the profits down the middle. On the first whitewater rafting excursion, a customer named Jane falls off the raft and suffers a severe concussion and permanent damage to her spine. Meanwhile, Jeb’s wind farms are shut down by government regulators, and he goes bankrupt, leaving extensive personal creditors looking to collect.
Specifically, the following critical elements must be addressed in Milestone 3:
A. Identify the main types of business entities and discuss the advantages and disadvantages of each.
B. Recommend a specific business entity for Arcadia Sports and include your reasoning.
C. Based on the characteristics of each type of business entity, determine the type under which Jeb and Josh would be personally liable to Jane for damages.
D. Based on each type of business entity, analyze the ability of Jeb’s personal creditors to seize the assets and/or profits of Arcadia Sports.