Business Law week 6 assignments The Bill of Right: Most parts of the Bill of Rights have a substantial impact

on business: Freedom of speech allows business to promote their products. One of the keys to why business in this country has been so successful is the fourth amendment protection from unreasonable search and seizure and the fifth amendment due process and private property clauses ensures that people will be willing to invest their money into a business knowing that the government won't be able to "nationalize" it without the business having committed some serious crime. This is one of the reasons why third world nations have remained poor - every time some business has some success and accumulates some wealth the "President/General Dejour" seizes it "in the name of the people" and funnels the proceeds into his Swiss bank account. http://www.blurtit.com/q684137.html

Negligence- Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. There are four steps in proving negligence. The plaintiff must prove:

that there is a duty in the circumstances to take care duty of care that the behavior or inaction of the defendant in the circumstances did not meet the standard of care which a reasonable person would meet in the circumstances (breach of duty) that the plaintiff has suffered injury or loss which a reasonable person in the circumstances could have been expected to foresee (damage) that the damage was caused by the breach of duty (causation

http://www.lawhandbook.sa.gov.au/ch28s04s01.php Duty of care- There are (4) elements below I listed (2) of the four that I learned about. 3rd Element-Duty of land owner- land owners are expected to exercise reasonable care to protect persons coming onto their property from harm. So in this case Derek can be liable because he allowed rat infestation to occur. 4th Element-Duty to warn Business Invites of Risks- Retailers and other firms that explicitly or implicitly invite persons to come onto their premises are usually charged with a duty to exercise reasonable care to protect those persons. The elements of a contract: The first step in a contract question is always to make sure that a contract actually exists. There are certain elements that must be present for a legally binding contract to be in place.

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The first two are the most obvious:

An offer: an expression of willingness to contract on a specific set of terms, made by the offeror with the intention that, if the offer is accepted, he or she will be bound by a contract. Acceptance: an expression of absolute and unconditional agreement to all the terms set out in the offer. It can be oral or in writing. The acceptance must exactly mirror the original offer made. A counter-offer is not the same as an acceptance. A counter-offer extinguishes the original offer: you cant make a counter-offer and then decide to accept the original offer! But A request for information is not a counter-offer. If you ask the offeror for information or clarification about the offer, that doesnt extinguish the offer; youre still free to accept it if you want.

http://tutor2u.net/law/notes/contract-elements.html

What is an offer- An offer is defined as the manifestation of the willingness to enter into a bargain so made as to justify another person in understanding that his assent to the bargain is invited and will conclude it.

Material breach- A material breach is any failure to perform that permits the other party to the contract to either compel performance, or collect damages because of the breach. If the contractor in the above example had been instructed to use copper pipes, and instead used iron pipes that would not last as long as the copper pipes would have lasted, the homeowner can recover the cost of actually correcting the breach - taking out the iron pipes and replacing them with
copper pipes.

Administrative law- It is located in Article 1 Section 8, Clause 3The Commerce Clause is

an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the Commerce Clause referred to as "the Foreign Commerce Clause", "the Interstate Commerce Clause", and "the Indian Commerce Clause", each of which refers to a different application of the same sentence in the Constitution Trade Secrets- Trade secrets are essentially of two kinds. On the one hand, trade secrets may concern inventions or manufacturing processes that do not meet the patentability criteria and therefore can only be protected as trade secrets. This would be the case of customers lists or

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manufacturing processes that are not sufficiently inventive to be granted a patent (though they may qualify for protection as a utility model). On the other hand, trade secrets may concern inventions that would fulfill the patentability criteria and could therefore be protected by patents. In the latter case, the SME will face a choice: to patent the invention or to keep it as a trade secret.

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