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Business Law Cases Essay

In the case of Commissioner Versus Groetzinger, the supreme court of the United States ruled that in the absence of an all round statutory or regulatory definition of what qualifies to be a trade or business, the Commissioner of internal revenue’s office could not bring suit against Groetzinger.

The case originated in the state of Illinois. Before reaching judgment in the month of October 1985, the case has been in litigation since 1978

The jurisdiction in the case lay in 28 U.S.C. 1254(1) which stipulates conditions under which appeals can be heard by the Supreme court of appeals.

Real properties case

Real property refers to land and or land improvements resulting from human efforts which may include buildings and or machinery on the land. Interests in real property are called estates and estates are generally defined by the agreement as per the deed which facilitated acquisition of the property.

  Limitations in real properties include leaseholds and conditional fee estates. The former is set out in a contract which is referred to as a lease between the party granted the leasehold and referred to as the lessee and the other party granting the lease referred to as the lessor. Leaseholds operate under a time schedule which is duly adhered to by the two parties. Conditional fee estates are estates the last for as long as certain predetermined conditions do not arise. An example is ownership of property for the span of one’s life which is returned to the grantor upon the demise.

Easements are interests in real property that are attached to land and are binding not only on the current interest holder but also on succeeding interest holders. Easements are the means that are used to create servient estates a condition that is referred to as servitude.

Easements and servitudes are important because they are contractual in nature and thus affect the value and use of the land in question. Being durable interests, easements affect the value of the servient estate because they are sold or transferred with the estate. Any attempt to transfer an estate without due regard to the easements attached renders the transaction void.              

Intellectual properties.

Intellectual property is a creation of the mind which could be artistic and commercial which is protected under the corresponding law that appertains to the creation itself. Intellectual property rights provide the creators of original creations some form of economic incentive while at the same time assuring them of monopoly over control of their creations.

Copyright is an intellectual property right which gives exclusive rights of a creation for a specified period of time to the creator. The rights given include publication, distribution and permissions to perform any alterations on the same creation. Upon expiry of the specified period, the creation is made open to the public domain. A good example of the application of copyright is in the promotion of science by only securing for a limited time the exclusive rights of the creator or innovator of a scientific discovery.

A trademark is a distinctive mark or sign used to indicate a business organization or other legal entity as an identifier of the products and or services so that consumers can identify and associate the product or service with the owner. A trademark may take the form of a name, word, phrase, image etc or a combination of the same and is protected by law but only within a geographical area where it is in use.

However, registration of a trademark is not required even though infringement of the trademark may result in legal proceedings for trademark infringement. A trademark is also used, albeit informally, to refer to any unique attribute by which an individual can be identified e.g. a given style of walking used by a celebrity.

A patent is a set of rights granted to an individual or his / her designated appointee in exchange for the revelation of an invention by the former. A patent is issued for a limited period of time. A patent application is composed of claims which define the invention which must fulfill prerequisites that include usefulness, applicability and newness. A patent is mainly granted in order to prevent external parties from benefiting from the invention through selling or distribution without prior permission of the inventor.

Business and bill of rights.

The main differences between a political and business speech are in the content and in the choice of audience. A political speech commands a high level of deference it contains information that refers to a wide group of people i.e. it cuts through all the boards of society from the poor to the rich, the sick to the healthy etc. while a business speech is targeted at certain group of people related to the business that is being promoted. E.g. a business speech may target the middle class income bracket in the promotion of a certain make of automobile that is not affordable to the low income earners.

The Law of Search and Seizure is embedded in the Fourth Amendment of the U.S. Constitution which limits the power of the police to make arrests, search people and their property and or seize property or contraband. The main purpose of the Law of Search and Seizure is to honor individuals’ privacy. However, the Fourth Amendment does allow the police to make searches and seizures when they have what are referred to as “reasonable grounds” to override the privacy concerns of individuals. The area of reasonable grounds is ambiguous in nature and consequently relies totally on correct interpretation of the circumstances at hand.

Administrative agency.

The Central Intelligence Agency (CIA) is led by a Director who reports to the Director of National Intelligence. The principle purpose of the agency is to collect and analyze intelligence through research and use of high level technology so as to well act on an advisory capacity to the Director of National Intelligence.

The CIA has been in the forefront of counterterrorism efforts with a large number of its workforce deployed to work undercover in efforts to bring terrorism under control. The main target of the CIA is now Osama Bin Laden who is believed to be behind numerous terrorism attacks directed at the United States.

The CIA was born in 1947 through an act of Congress. The CIA has no powers to subpoena, enforce the law or even undertake any security functions. It is purely an advisory body.

Torts relating to business.

In the case of Lukacs V. Philip Morris, a Miami jury three cigarette companies liable for damages involving an ex-smoker who lost his tongue to oral cancer.

A warranty is a guarantee from the seller to the buyer that the product being sold is as it is presented. It is a route for redress in case of failure or malfunction of the product. There are three types of warranties: –

Express warranty: – a warranty that specifies the extent to which the quality of an item is assured.

Implied warranty – a warranty that arises from the way the transaction is carried out whereby it is upon the understanding of the buyer rather than the representations of the seller.

Lifetime warranty – a warranty that guarantees within the lifetime of the product. If production is stopped the warranty is voided at some point soon after the voiding.

Warnings on dangerous items are not enough to protect the companies that produce the items. This is because it is simply not possible to enumerate all the possible ramifications that can arise from the use of such items on the packaging that the items come with.

Contracts

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In the case of Allcard Vs. Skinner (1887), the former was introduced to the latter by a third party namely Rev. Nihill. Miss Skinner was a leader of a religious sect which emphasized on poverty and obedience. On becoming a member, Skinner made a will bequeathing all her wealth to Skinner but later claimed the money back after quitting the sect.

The contract between Allcard and Skinner was loose in the sense that no written agreement was made thereby leaving the agreement between the two to be open to numerous interpretations. To avoid this scenario, Allcard should have practiced sound judgment before bequeathing her wealth to Skinner. Allcard should have considered the possibility of failure of her conversion.

Being binding to all parties, the contract between Allcard and Skinner have been deemed illegitimate if evidence of coercion by one party in this case Skinner coercing Allcard and duping her in any manner.

If the plaintiff had won the case, then she would have proceeded to claim damages from the defendant.

By definition, a contract is a legally binding agreement that sets forth the relationship between the two parties and which is mutually agreed upon. Consequently, for a contract to be considered enforceable, the two parties must enter into the contract with good faith. Moreover, the contractual agreement should always be in writing so as to indicate the agreement between the two parties.

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