LEGAL ENVIRONMENT OF BUSINESS
LEGAL ENVIRONMENT OF BUSINESS MGMT 323
Virginia Commonwealth University
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Timmy Eichmann IV
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This 11 page Class Notes was uploaded by Timmy Eichmann IV on Wednesday October 28, 2015. The Class Notes belongs to MGMT 323 at Virginia Commonwealth University taught by Walter Griggs in Fall. Since its upload, it has received 69 views. For similar materials see /class/230687/mgmt-323-virginia-commonwealth-university in Business, management at Virginia Commonwealth University.
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Date Created: 10/28/15
Property 1814 There was a man chasing a fox early in the morning and continued to all day long A guy shot the fox and tried to claim it as his and the first man claimed it to be his fox since he had been chasing him all day Who gets the fox It is the possession not the chase You have a 14 ft boat and there is a huge whale in the ocean You cannot put a 36ft whale on a 14 ft boat If you have done everything you could to possess it you own the whale 5th Amendment says that no person should be deprived of life liberty or property without due process of law 14th Amendment says NO STATE should be deprived of life liberty or property without due process of law The declaration of independence was meant to say the same thing except not everyone had property Personal Property permanent marker is personal property you acquire it by possessing it through taking it or purchasing it Legally a gift is a voluntarily transfer of personal property from one person to another absolute gift Here is a Christmas present conditional gift When you are given something on condition an engagement ring conditioned on getting married general rule if the donee woman breaks the engagement without the fault of the donor man she is required to turn the ring When he breaks the engagement without any fault she can keep the ring When the ring is a family heirloom or passed down through generations the general rule changes inter vivos gift a gift between two people who are alive gift causa mortis a gift in contemplation of death ifI die from this disease you can have my TV verbal confusion a legal doctrine a union of two separate entities that eliminates clear boundaries Confusion ofrights Cheerios you cannot separate them fungible goods you cannot separate these materials IfI dumped all of my grain into your silo there is no way to separate my grain from yours therefore it is now your grain accession ifI grow something on my land its mine If a hurricane dumps sand on my beach its my sand When you receive a giftpersonal property naturally Acquiring property by finding it Mislaid property you have the second right of ownership Wash your hands in the bathroom and leave your rings on the counter and walk away found in a place where it was probably forgotten Say you find a ring the floor of a bus or the sidewalk Lost Property you would not naturally expect them there The finder has the second best right of ownership the actual owner has the first A hospital receptionist found a glasses case full of stolen jewels Who is the owner The receptionist Thief Jeweler the hospital now owns them Abandoned Property when you discard it throw it away with no intent to keep it Lost property becomes abandoned when you stop looking for it Treasure Trove somewhere between Richmond and Danville there is supposed to be 4 million dollars of Confederate gold buried Somewhere between RVa and Lynchburg somebody robbed the train it was on and buried it along the track the robbers got into a fight and killed each other over the gold Things to keep in mind 1 Did the confederacy actually have gold 2 No there actually is gold there yet the people buried were killed Beal Treasure Thomas Jefferson Beal apparently buried 20 million dollars in gold in Bedford Virginia and left three coded messages telling how to get to the gold Out of the three messages only the second code has been broken Every kind of expert has tried to find this gold The code is from the 1820 s In 1857 there was a lot of gold being dug up in Cali Carrying around a lot of gold tempts robbers so these men about 600 people had special suits made The belts jackets and pants were all lined with gold hundreds of pounds On there way back to the east coast on the SS Central America since they traveled through Panama at the time A hurricane hit Central America if the men wanted to be rescued they would have to get rid of there gold suits or die rich at the bottom of the Atlantic out of the 600 people only about 150 survived therefore a lot of people died rich The captain of the Central American was from Fredericksburg Cpt Herndon For over 100 years no body could find that gold then finally someone found it and brought it to the surface The NY insurance company claimed it as there s yet could not come up with proof A Columbia Prof claimed they used one of his maps This case went on for 11 years the finders kept the gold besides a small amount to the map guy Normally if you find stolen money the true owner is not going to come look for it And its not abandoned if you leave something because you have to like if your house is on fire Bailment I give property to you for you to do something with it and then you must return it to me Ex Going to get your shoes fix dry cleaning car shops Hotels Ex Griggs car getting in an accident by the man who was supposed to be fixing his car Also if you rent a truck and its defective you have a right to sue Real Property Real Property is of ancient origin Year 1066 William of Normandy conquered England He divided the land into three sections to Generals who then divided it more for other people you were basically tied to the land Land Holding parts of it still exist today way of establishing land ownership Real Property LAND BUILDINGS ON THE LAND no wheels When you own a house you own it upward to the universe and downward to the core of the Earth You own the plants on your land and you own the fixtures Legal Recourse A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty w pieces of personal property that becomes real property when now removed could hurt the real property bulletin board attached to the wall System of Land Holding William the Conqueror 1066 diagram on the board Land First off then buildings when you own the land you own the building and subsurface and air rights You own the plants and weeds as well as fixtures personal property attached to real property A person bought a piece of land There were two trailers sitting on cinderblocks without wheels on the land You could argue that the trailer is a house on the land because there was no contemplated way to move it There are 2 main ways to own land Freehold Estate I am buying land Fee Simple Absolute absolute ownership of land The highest form of land ownership Fee Simple Defeasable I convey this land to Possum Creek Baptist Church as long as it is used as a house of worship if it does not to that it becomes mine again Ex Court house in Richmond since the 1820 s Eventually stopped being a courthouse but how do you find heirs from the 1820 s Life Estate an estate whose duration is limited to the life of the person holding it Joint Tenancy A and B IfA dies B gets it all vise versa Tenants in Common IfA dies A s estate gets it al a2 a3 Tenancy by the Retirees If you want to run off with another woman you can t sell your house without your wives permission Condominiums you own your own apartment you share ownership with the hallways lobby and swimming pool Restrictive Covenants restrictions placed on what you can and cannot do in your own house certain mailboxes keeping your lawn clean etc Ex Windsor Farms an area in Richmond where Jewish people cannot live frequently come into play when somebody goes for political appointment like a politician who lives in a house that cannot be sold to black people They are frequently in the news cases on flying certain flags A veteran will fly an American flag which the Home Owners Association will call it a nuisance Some neighborhoods don t allow certain people to live there like a child molester Shelly vs Kramer 1948 All of these restrictive covenants are null and void they cannot be enforced if you don t enforce restrictive covenants you loose that right to enforce it so you have to be aggressive Zoning a big deal There are lawyers who specialize in zoning Dallas TX all sexually oriented businesses must be 1000 ft a part from various places etc etc etc and they had three years to imply Businesses complained that these restrictions were putting them out of business Dallas didn t care How do you acquire real property Most people by buying it Or by gift given to you You can transfer property by Will If someone doesn t pay taxes on their property you can pay them and acquire property You can also claim ownership by living on it for a number of years Adverse Possession man in Italy who camped out on a tent for years and eventually was paid 2 million dollars for it Real Property is transferred through a deed Eminent Domain The government can take your property WITH compensation Zion minister John Jasper Church right on 95 South which is now destroyed Easement gives you a right to cross someone else s land to get to another place like a park or the river it can be created by continued use 68 Landlord and Tennant Relationship your paying somebody money to live in their house lease agreement between the two parties that establishes the relationship between you and the property owner 3 types of leases 1 Tenancy For Years lease for a specific duration it ends automatically 99 year lease is not unusual 2 Periodic Tenancy week to week month to month year to year at the end of your period it can be renewed or terminated Your required to give notice given in away which could be documented 3 Tenancy At Will there is basically no lease You can leave at any time and the landlord can throw you out at anytime 4 Tenancy at Sufferance Old England Suffer means permission If there is a hurricane or your ill the landlord allows you to stay a couple more days The landlord reserves the right to enter the premises Your landlord cannot harass you quiet enjoymentquot the landlord has to provide you with a quiet place to live If you don t pay your rent the landlord can throw you out You should be able to prove that you paid your rent Tenants Security deposit You cannot use rented property for illegal activity the landlord can evict you You have a duty not to disturb other tenants If there is a defect in your apartment it is your responsibility to document and report the defect Damage from blasting Air Space you buy something and it doesn t work this product had a warranty which will cover the fact that it doesn t work when I bought this product you told me it would go 50 mph but it only goes 30 mph strict liability I sell you a product and even ifI have done everything I can you have the right to come back and get it replace you don t have to find out who it started with Categories of Defects manufacturing defect A man opened a Squirt bottle and became ill It actually had a mouse house in it and was really sick If the Squirt was manufactured properly that would have never happen It occurred in the manufacturing process esign defect something is improperly designed Recall for baby beds car seats car parts breaks 2nd collision what differs cars these days from past decades packaging defects how complicated it is to initially open a bottle of Advil a long time ago someone went into a store and filled Tylenol bottles with arsenicpoison and killed a lot of people car trunk locks Mare won a Winnebago on the way home she set it on cruise control and left and made a sandwich and it obviously crashed She sued Winnebago for not putting in the owners manual that she couldn t get up and leave on cruise control She won a new motor home and over 1 million dollars warranty when you buy something the seller makes certain assurances to you express warranty when I tell you something this car will go 100 mph this is an Idaho potato exclude sales talk breach of express warranty lying about something working or its authenticity implied warranty of merchantability the product you are buying is good for the ordinary purposes for which people buy the product EX The Locke Electra air plane at a certain altitude and speed the wings start to flag and eventually fall off When you sell an airplane you are implying that things like that will not happen EX a lady who tried on pants and was bit by a deadly spider which put her in the hospital she sued the store She lost EX Man who sprayed deodorant while smoking a cigarette Eckerd won because it said it was flammable ForeignNatural if something in your food is foreign bugs in your salad nails in your cereal Reasonable Expectation Test even if the thing that injured you is natural to the food you could still recover ex Kid went to Burger King and found maggots in their salad ex Outback Steak House Chef pees on steak and the lady was sent to the hospital because she was allergic to the antibiotics he was taking All cases of warranty merchantability Applied Warranty for Fitness for a particular purpose The size 46 dress story Arm amp hammer baking soda was sued because they didn t clarify that it COULD be used to make crack cocaine You can stop a warranty with sold as is implied no warranty expressed and 69 Agency Principle Employer Agent Employee Third Party Third Party Agency relationship is probably most important you can create an agency through a verbal agreement the normal way is to simply hire someone Agency by ratification when I do something for you without your request you can benefit from the action Agency by estoppel legally binding agency relationship where in fact no formal agreement is in effect The principle may be bound by the acts of the agent performed on the principle s behalf Agency by Operation of Law I am helping you you didn t ask for it but since I did our law will create an agency relationship Agents have got to perform their duty You need to notify your principle of things of concern involving your principle the law requires this Agent must be obedient to what the principle says he or she must do Even if the principle will never know you did those things Principle duties Pay agent salaries Has to cooperate with youhelp you do your job Provide a safe working environment If your principle doesn t not cooperate with you you have certain rights You tell him what his authority is Yourjob is to run my store hire people fire people etc Disclosed Principle ifI mess up the disclosed principle is going to be responsible Partially Disclosed Principle When you re an agent and people know your working for someone people just don t know who youre working for If the agent messes up they can be sued and so can the principle Undisclosed Principle Disney World they brought the land through undisclosed principle If anything went wrong only the agent can be sued not the principle the principle can be responsible for whatever the agents do Man who works for Waldren hotel HE IS NEVER OFF DUTY and sets he hotel on fire National Biscuit Company in Richmond There was not enough room in the store for them so a worker starts removing other cookies to make room The grocery store man reported him to the company who said they would take care of it 2 weeks later the guy was back and rude and hit him in the face Nabisco said it was out of their range yet the grocery store warned them about him therefore Nabisco is in the wrong Litten Xmas Party 830 430 this is not an after hours voluntarily party you have to go to work and party One man hit people with his car on his way home Litten was sued successfully because you were REQUIRED to work that day it is difficult to make someone your agent Catherine Wagensaler temp nurse who worked there for 3 years with excellent evaluations and was very very qualified The work went on a river rafting party Moon River all of the nurses mooned the audience besides Catherine because she refused to do it her evaluations went down and was fired because she refused to participate Papa Gino s District Manager his boss came in and asked to promote Joe to a manager of a store Didn t think he was qualified Company fired him for doing coke which was untrue Racial Discrimination Cracker Barrel was sued for discriminating against Blacks Not Concentration camps but certain people were forced to move inland during the war Dennys has been sued a lot too Ex a nurse who worked in a hospital who was fired because she refused to do abortions and was fired It was held up in court because she refused to do work interview advice know everything you can about the company Be very observant A man fired two employees for speaking Spanish to one another He was wrong That s discrimination Maya Bradwell Wants to practice law in front of Supreme Court of Illonois Very very qualified yet the state of IL has a law saying women cannot practice law 1872 Maya took this case to the US supreme court The court said the women need to be a wife and mother it is the law of god and maya cannot practice law in the state of IL 2 years before she died Maya was able to practice law Hooters Girl Gender Discrimination Stereo Typing Gender discrimination PRICE WATERHOUSE Lady won her law suit and got her job back the very qualified woman who got retarded reviews from male coworkers saying she needed to wear more make up etc price waterhouse lost the case over discrimination Chemical Factory highest paid jobs in that area worked around chemicals where birth defects could happen So women could not work at that part of the plant Women sued said they had the right to make that decision on their own It went to the US supreme court and the women won because the company cannot discriminate For a long time women could not broadcast news because news coming from a woman sounds like gossip men can smoke at their desk but not women companies can have appearance standards that aren t too over the top You can have legit height and weight requirements if it is across the board that no gender can wear a certain thing like a hairstyle cornrows then it can be legit American Airlines her attorney can argue cultural and natural essence of the black American woman have a blessed day In a job you have to watch religious videos and the boss thinks your possessed by a demon A woman works for south west airlines and she wears a realllly small cross around her neck against the policy of wearing religious symbols a prisoner in Cali wants the state to pay for his sex change operation SEXUAL HARASSMENT 2 forms of sexual harassment environmental amp exchanging sex for advancement more serious about 90 of all women are harassed in the work place and 25 of men are Men will get more money from sex harass cases environmental in the workplace women are currently more successful when dealing with sex harassment since the civil rights acts of 1964 because a man thought that adding that would kill a bill boys will be boys get used to it Sexual Harassment Cont A woman working for President Johnson was sleeping in her bed and Johnson comes in shining a flashlight in her face and says move over this is your President Sexual Harassment is generally seen as a power thing Asking someone for a day is not sexual harassment unless they ask you every other day A football couch hits a guy in the butt before a game that is not sexual harassment hitting a cheerleader would be Sexual harassment could be just staring Animal noises could be sexual harassment David Papa 25 year old manager of Domino pizza in FL Beth is his boss who told him not to bend over anymore because it turned her on until she did tell him too and grabbed his butt he told her to stop she fired him He retaliated And got sued Bank vault example He knew if he complained he would loose his job Wall Street Journal case Teresa Harris was a manager at a fork lift company her boss is Charles Hardy who often insulted her because of her gender and verbally sexually harassed her you re a woman what do you know dumb ass woman also suggested to go to the holiday inn to discuss her raise Hardy would also frequently ask women to get coins from his front pants pocket or throw money on the floor and tell them to go pick them up She got a better job at a better place yet she won her case even though she suffered no mental or physical distress there is no precise test to determine what is harassment to get coins from his front pocket was an absolute insult Law Firm A woman was always told to wear a blouse with pockets which she was told to have filled with mampm s to which her boss would eat out of them Sued for sexual harassment and humiliation and receive 71 million dollars to avoid sexual harassment is VERBAL CONSENT and permission through each step of your relationship if you are being harassed write down everything keep everything share your concerns with somebody you trust keep evaluationscareer related at home if you are excused avoid face to face confrontation if you are accused there is no room to talk just get a lawyer a college prof watched a girl swim lost his job
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