Review the California Supreme Court case Foley v. Interactive Data Corp. [see link below] and answer the following questions.  [5 points possible for each answer]

1.  What facts did Foley allege to support his claim of the tort of wrongful termination and what facts did he allege to support is implied contract wrongful termination claim?

2.  Why did the Supreme Court find that Foley was not able to establish his tort claim, and how was Foley’s claim different from the claims in the Petermann andTameny cases?

3.  How did the Supreme Court analyze Foley’s implied contract claim, and why did Labor Code § 2922 not control this issue?

The homework assignment will be graded based upon how accurately and completely you identify the  issues and legal rules presented, and explain how those issues and rules were applied in the case, using proper sentence structure, grammar, and spelling.the case is attached in pdf

 

Abdul signed a franchise agreement with franchisor Sierra Chocolate to operate a Sierra Chocolate franchise location in California.  In the franchise agreement, there were several provisions that restricted business operations, including provisions that Abdul purchase all candy products from Sierra Chocolate and that Abdul not carry other food products and that Abdul would not own or operate any other food business within five mile of the franchise location .  The franchise agreement had another provision that required Abdul to represent and warrant that he did not own an interest in any other food business that would violate the restriction.  The franchise agreement also contained a termination provision that allowed Sierra to terminate the agreement if Abdul breached any promise in the agreement or if Abdul made any material misrepresentation in connection with the acquisition of the franchise.

After opening the store, Abdul had problems making a profit.  He began to make his own candy, using recipes that used less expensive ingredients than those used by Sierra, so that he could sell the candy at a higher profit.  Sierra began to receive complaints from customers about the quality of the candy that they purchased at Abdul’s store and, after investigating, found that Abdul was making his own candy and that he was selling this candy not only at his Sierra store but also at a bakery that he co-owned with his parents, and which was located down two blocks from the franchise store.

Answer the following questions:

1.  Explain whether Sierra would be allowed to terminate the franchise agreement under the California Franchise Relations Act, Business and Professions Code §§ 20000-20043 based upon Abdul’s candy making and based upon his co-ownership of the bakery, and include in your answer the specific statute that would apply and whether or not Sierra would be required to give notice and an opportunity to cure.  [10 points possible]

2. If Abdul were to claim that, before he had purchased the franchise, Sierra representatives had made false claims about the amount of profit he would earn, which aspect of the disclosure document required by the FTC Franchise Rule may be important and what information in that document would be important in analyzing his claim?   [5 points possible]

homework will be graded based upon how completely and accurately you describe and apply the statutory requirements, using proper spelling, grammar and sentence structure.  You can review the California statutes from the link on the Course Resources section, and should also review the California Department of Corporations publication Look Before You Leap – A Guide to Buying a Franchise, and Federal Trade Commission publication Buying a Franchise: A Consumer Guide, both linked above, to help provide information for your answers.

Weekly tasks or assignments (Individual or Group Projects) will be due by Monday, and late submissions will be assigned a late penalty in accordance with the late penalty policy found in the syllabus. NOTE: All submission posting times are based on midnight Central Time.

Note: All character and -company names are fictional and are not intended to depict any actual person or business.

View problem scenario A to learn more about Bill and Joe’s relationship. This scenario provides key information in helping formulate answers for assignments in Phases 1 and 2.

Joe must decide how he will answer Bill’s invitation to join him and his family on their yacht. Complete the following in a paper of 2–3 pages:

• How should Joe respond to Bill’s invitation?
• What ethical theory supports how you think Joe should respond to this invitation?
• Why would you use this theory?
• What might others with a different view than yours say in this situation?
• How would you refute those opposing perspectives?
• Is there a compromise or creative solution to this problem?
  • If so, what is it?
  • Why is it feasible?

Please submit your assignment

 

Assignment: Culture

 

Imagine you work for a company that has recently merged with an overseas company. Write a brief introduction to your company as well as the company that was purchased. Then develop an eight to ten (8-10) point checklist detailing what steps you would take as the HR manager to help unify the culture of both companies.

 

Create two (2) company introductions and develop an eight to ten (8-10) point checklist in which you:

 

1.      Give a succinct overview of your fictitious company.

 

2.      Give a succinct overview of the fictitious company merged with.

 

3.      Develop an eight to ten (8-10) point checklist of steps you would take to unify company culture.

 

4.      Explain your rationale for choosing each of the steps in your checklist.

 

5.      Format your assignment according to the following formatting requirements:

 

a. Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.

 

b. Include a cover page containing the title of the assignment, your name, your professor’s name, the course title, and the date.