Business Law Ch11 15

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    Business Law

    21e S T A N D A R D V O L U M E BUSINESS LAW And The Legal Environment ANDERSON’S This page intentionally left blank 21e S T A N D A R D V O L U M E BUSINESS LAW And The Legal Environment DAVID P. TWOMEY Professor of Law Carroll School of Management Boston College Member of the Massachusetts and Florida Bars ANDERSON’S MARIANNE MOODY JENNINGS Professor of Legal and Ethical Studies W.P. Carey School of Business Arizona State University Member of the Arizona Bar Australia

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    Business Law

    Semester II Examination Papers IIBM Institute of Business Management IIBM Institute of Business Management Semester-II Examination Paper MM.100 Business Law Section A: Objective Type (30 marks) • This section consists of Multiple choice questions & Short Notes type questions. • Answer all the questions. • Part One questions carry 2 marks each & Part Two questions carry 4 marks each. Part One: Multiple choices: 1. A condition cannot be treated as warranty in the following circumstances

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    Business Law

    the employer was contractually oblige not to provide personal information about his employees to the local council to verify those who are yet to pay community charge without their knowledge. 4.0 VICARIOUS LIABILITY Under the common law the employer is responsible for unlawful acts committed by the employee when performing his job. However the employer is not responsible for tortuous acts committed by the independent contractor. 5.0 TAXATION The employer is responsible for tax deduction

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    Product Liability Legal Issues LaTanya Powers LAW 531 September 17, 2012 Mike Kelley Introduction Have you been injured due to a defective product? Has the product that you just purchased failed to have the proper warning label? Better yet, has the design or the manufactured parts of the product somehow become defective? These questions are just some of the legal issues that will be presented within this paper. In addition, the legal principles

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    consumer (logo, slogan, product info). Make it look like a real You're ready to start your new business, but have you considered how the decisions you make now will affect its growth? One of the earliest is company structure: we look at the pros, cons, ongoing filing and tax associated with the four main start-up structures, to help you decide which is right for you. Unless it’s part of the business plan to raise significant funds on the stock exchange within a defined period, you probably won’t

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    cotton and will be arriving on a ship called the Peerless but the contract did not state which ship carried the cotton. Therefore, the plaintiff sued the defendant for not accepting the cotton when it arrived. Based on this reason, the Australian legal law system should provide remedies and allow the exception because it can adjust the mistakes and stated the real intentions of that particular party. The next application to the question is that remedies must be given exception to the oral promises

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    founder Jimmy Wales Read now Alternative dispute resolution From Wikipedia, the free encyclopedia Jump to: navigation, search     | This article needs attention from an expert in Law. Please add a reason or a talk parameter to this template to explain the issue with the article. WikiProject Law or the Law Portal may be able to help recruit an expert. (November 2008) | | This article needs additional citations for verification. Please help improve this article by adding citations to reliable

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    Business Law Ch11-15

    was incapacitated when asked to cosign but when he wrote a check on May 5, 1982 it was a form of ratification, which means Mervin, being the cosigner, is liable to pay. The judge reversed and remanded that the contract is now in fact valid. Case 15-2 Mary Iacono, plaintiff, and Carolyn Lyons, defendant, had been friends for almost 35 years. Carolyn asked Mary, because she was lucky, to join her for an expense free trip to Las Vegas, Nevada. After Mary had a dream about winning a lot of money

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    ASSIGNMENT 4 BUSINESS LAW AND BANKRUPTCY Facts Aquaman is president of a marine research company called "Underwater Leagues, Inc." On April 1, the research director of Underwater Leagues tells Aquaman that they've come up with "Oxygum," a means of breathing underwater by chewing a special kind of gum. Aquaman knows a great product when he hears it. He delays announcing the invention to the public so that he can buy all the stock he can get his hands on. He buys 50,000 shares of Underwater Leagues

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    ------------------------------------------------- Top of Form 1. Which of the following statements is true about the doctrine of unconscionability? | | It is an equitable remedy. | | | It is at law for contract damages. | | | It allows a judge to invalidate either a provision in a contract or the whole contract. | | | A and c   | Question 2 The power of the federal government to control and punish monopolies derives from which of the following? | | The Commerce Clause

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    Business Law

    judgement that could be expected of an ordinary prudent person. 8. The second test under the duty of due care and diligence is the business judgment rule. Under the business judgment rule a director or officer cannot be held liable for a decision which turns out bad, as long as they have met the requirements of this rule. What, then, are the requirements of the business judgment rule? a. An informed decision. b. No conflict of interest. c. Rational basis. 9. A concern among potential

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    consulting services. The complaint alleges that Ricker is an insurance consultant with his principal place of business located in Hilliard, Ohio, and Fraza is a Delaware corporation with its principal place of business located in Roseville, Michigan. The complaint further alleges that, in 2002, Fraza hired Ricker to provide insurance consulting services, and agreed to pay Ricker $30,000 if business insurance was obtained through the efforts of Ricker. Such payments would apply to subsequent annual renewals

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    Ratio decidendi: What are the reasons for the decision? What laws are applied? This can be applied to future cases (and exams). Law vs. Ethics Ethics are voluntary rules of behaviour; Designed to create conditions allowing people to live a good life; Laws are coercive rules on conduct; Imposed on society through the social contract; Origin of ethics Jeremy Benthem (18th century). Utilitarianism – political and social institutions (law) should be used to maximum utility. Maximize pleasure and minimize

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    Law and Business

    1. Issue : The issue is whether if Peter enters into the contract with the sale person. The law of contract is a legally bind agreement with two or more contractual parties. It consists of 4 elements to make a valid contract; offer, acceptance, consideration, and intention to legal relation. This issue involves the element of offer. Applicable law: An offer occurs when the offeror is willing to enter the contract, as soon as it is accepted by the offeree. Revocation by the offeror, rejection

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    still very present even though government prohibits discrimination through constitutions, state statutes and acts, which are exemplified in cases largely through the Equal Employment Opportunity Commission. The EEOC is dedicated to enforcing federal laws that make it illegal to practice inequality against applicants or employees. Maslow’s hierarchy of needs outlines the basic needs of an employee and can show how someone could be affected by inequality. Such intolerance can be seen across the country

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    binding contract – willingness to be bound by the terms (acceptance of terms must be total and unconditional) – effective when and where offeror hears of acceptance – important because it determines what court has jurisdiction and which province’s law should be applied * Can be accepted by some specified/unique conduct * Unilateral Contract: Sometimes the nature of contract requires the actual performance of contract as acceptance (ex. Lost dog reward) = acceptance by

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    Shomma G. Tolbert Business Law I- LEG 100 Professor Chester Galloway August 11th 2014 Social media and marketing is a semi new joined force, which has social networks, blogs and forums buzzing with advertisements’ of new products and ideas. Starting with marketing managers who may utilize social media outlets to reach their consumers must consider a few major details before they can start the social media process; Intent of the product is the main

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    Assignment 2: Merrill Lynch NAME: XXXXXXX Strayer University LEG 100 Business Law I Professor Thomas A. Noto May 4, 2014 Merrill Lynch Introduction The Securities and Exchange Commission is a United States Federal Government Agency tasked with protecting investors by setting standards for disclosure of financial information, as well as enforcing securities laws and regulations of businesses that trade on the stock market. After the

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    11 What is a dead business. 12 Striking off a company 13 Winding up a company 14 Reference 16 Introduction The selling and supplying children books fall under the category of distributor and wholesaler. There are few prominent companies in Malaysia who are specializing in selling and supplying children books such as Grolier (M) Sdn. Bhd and the Children World Publications (M) Sdn. Bhd. In the case of Anne and Hanny, they have initiate a plan to set up a business selling and supplying

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    |[pic] | |Higher National Diploma in Business | |Assignment Front Cover Sheet | |Unit Title: |Tutor’s Name:

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    Business Law 315 - Chapter 1 Review Questions 1. In the common law system of the United States, a crime is defined as: a. a private wrong that necessitates litigation between the victim and the perpetrator b. any act prohibited by the government and made punishable through imprisonment or fines c. litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant’s wrongful conduct d. interstate compacts and the rules

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    " this rule is as Answer Selected Answer: binding as a law passed by Congress. • Question 10 1 out of 1 points The Federal Trade Commission (FTC) orders GR8 Steaks Company to reveal certain information. GR8 Steaks complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to Answer Selected Answer: reveal violations of the law. • Question 11 1 out of 1 points Ollie, an employee of

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    “Jenson V. Eveleth Taconite Co.” Normarie Castellon Professor Lisa Browning Business Law – LEG 100 Spring Term 2012 Abstract In this paper, we will discuss the case of Jenson V. Eveleth Taconite Co. In August 1988, Lois Jenson and Patricia Kosmach filed a class action suit against Eveleth Mines alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-2, and the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363.03, subd. 1(2)

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    Aspects of Contract Law and Negligence UNIT# 05 Table of Content | | Introduction | 3 | Loc: 01 Understanding Essential Elements Of A Valid Contract In A Business Context Task 11: Essential Elements of Business Contract 2: Three Different Types of Business Contracts and Their Advantages And Disadvantages 3: Terms in

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    OF GOODS LAW Businesses as well as consumers are usually free to enter into contracts on whatever terms they see fit to agree. However, contracts involving sales of goods can be subject to a range of statutory provisions. Consumers have greater protection than buyers who are ‘dealing in the course of a business’. ‘Let the buyer beware’ or ‘caveat emptor’ does not apply to all transactions and anyone selling goods in the course of a business to consumers should be aware that the law will imply

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    Riches’ Written in clear and straightforward language that locates the law in a practical context, you are guided through all of the key areas of law a business person needs to understand with the aid of:  Learning objectives that focus reading and outline the key points    and cases on directors linked to the statutory derivative claim  A new dedicated chapter on Agency  Reorganisation of the Business Transactions section gives a clearer structure to material on Contracts

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    Erica Patterson Week 4 Homework Assignment Business Law Professor McGovern 7/22/15 1. Does a contract to convey real property exist between Heikkila and McLaughlin? A contract to convey real property does not exist between Heikkila and McLaughlin because in this case a contract has not been put together at all. Now, David McLaughlin only submitted written offers to purchase three of the parcels and by the way, these are only “offers”. Not an actually contract or

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    assumption of risk Drunken Possum Hating Cleaner Case (2003) – vicarious liability Week 4 – Business Entities Birtchnell v Equity Trustees (1929) Salomon’s Case [1897] Lee v Lee’s Air Farming Ltd [1961] Gilford Motor Co v Horne [1933] Artedomus v Del Casale [2006] Contracts (week 5) Clarke v Dunraven (1897) Balfour v Balfour (1919) Balfour v.Balfour:⑤丈夫(被告)为英国政府在锡兰(今斯里兰卡)的一个灌溉项目负责人,夫妻婚后在斯里兰卡生活了15年。1915年夫妻回国休假,因妻子患风湿性关节炎,不适合热带气候,遵医嘱留在英国。丈夫出国前给了妻子一张24英镑的支票,作为当月的生活费,并许诺夫妻团聚前,每月给妻子30英镑。19

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    Management University AY 2013-14 Term 2 Final Examination Date / Start Time | 21 Apr 2014 / 8.30am | Course | LGST 101 – Business Law | Group | G7 | Instructor | Assoc Prof Low Kee Yang | INSTRUCTIONS TO CANDIDATES 1 The time allocated for this examination paper is 2 hours, of which the first 15 minutes is reading time. Do not write on the answer booklet during reading time. 2 This examination paper has 1 question and comprises 2 pages

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    judge. Krystal's judicial decisions are part of case law. This law includes interpretations of primary sources of law. These sources include | | | | | Selected Answer: | administrative regulations. | | | | | * Question 3 5 out of 5 points | | | Common law is the best and only source of legal authority. | | | | | Selected Answer: | False | | | | | * Question 4 5 out of 5 points | | | A substantive law creates or defines legal rights and obligations. |

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    Appeal from state supreme courts to the United States Supreme Court is possible only if a federal question is involved. The United States Supreme Court is the highest court in the federal court system and the final arbiter of the Constitution and federal law. Clarkson 12e Ch31_605-622.indd 609 198 U N I T T WO TORTS AN D C R I M ES 9–2. Property Crimes Which, if any, of the following crimes necessarily involves illegal activity on the part of more than one person? (a) Bribery (b) Forgery (c) Embezzlement

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    Business Law

    UNIT 05 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS ASPECTSA Table of Contents P1.1 THE ESSENTIAL ELEMENTS REQUIRED FOR THE FORMATION OF A VALID CONTRACT 2 Offer 3 Acceptance 4 Consideration 4 Capacity- Concept of Minor& Privity 5 Intent to create legal relation 6 P 1.2 DIFFERENT TYPES OF CONTRACT 7 P 1.3 DIFFERENCE BETWEEN CONDITIONS AND WARRANTIES 8 P 2.1ELEMENTS OF CONTRACT APPLIED FOR THE BELOW SCENARIOS 8 P 2.2 TERMS IN DIFFERENT CONTRACTS 9 P 2.3 THE EFFECTS

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    PACE UNIVERSITY Law 101 - Business Law I CRN 70058 Fall 2015 Professor Frank G. Colella Wednesdays 9:00 AM – 12:00 PM Syllabus Text: Anderson’s Business Law and the Legal Environment Comprehensive Volume/22nd Edition/Twomey & Jennings Course Objectives 1. 2. 3. 4. 5. 6. To acquaint students with the basic laws governing contracts, torts, crimes, consumer protection, and administrative agencies. The nature and sources of law, the court system, alternate dispute resolution, and

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    Law, Business

    Tort Law p2 * The difference between contract law and trot law is that: (这个可以不用写下来) At the core of contracts, we have agreed with specific others to do or not to do things. With Tort law, it’s much broader than that. In the agreements that we make, are not necessarily so specific and identifiable. They are much more general. * Contract law is the law that enforces agreements that I reach with individual people. There are parties to a contract. 例:I agree not to build on my property

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    2.2. APPLICATION OF ELEMENTS OF CONTRACT IN 1ST SCENARIO 11 2.2.1. The law on terms in the case study 1. 11 2.2.2. The law on terms in the case study 2. 13 2.3. EVALUATION OF EFFECT OF DIFFERENT TERMS 14 2.3.1. Condition 14 2.3.2 Warranty 14 2.3.3. Innominate Term 15 REFERENCE 16 TABLE OF FIGURES Figure 1: Composition of an agreement (Komma Naveen Kumar,2011) 5 Figure 2: Types of contract (Business Law,2013) 7 Figure 3: Innominate term 10 Introduction Vietnam JSC Software

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    Business Law

    Business Law Assignment Business Law Assignment Aalene Williams Business Studies Aalene Williams Business Studies Table of Contents: Case……………………………………………………………………………………Pg2 Issue 1………………………………………………………………………………….Pg3 Issue 2………………………………………………………………………………….Pg5 Issue 3………………………………………………………………………………….Pg7 Issue 4………………………………………………………………………………….Pg9 Issue 5……………………………………………………………………………...….Pg11 Issue 6…………………………………………………………………………………Pg13 Issue 7…………………………………………………………………………………Pg15

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    demonstrate your competency with regard to all of the following three points: 1. Areas of the law that you feel most affect business decisions (Law and Business Decisions) 2. Major underlying principles of the law that you feel are most impactful (Impactful Law Principles) 3. Common sources of fear and distrust of the law and how these misconceptions can be alleviated (Distrust of the Law and Misconceptions) Main Elements A. Choose a topic of interest from this course.

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    (reprehensible). Usually, this means that punitive damages are available in intentional tort actions and only rarely in negligence lawsuits. 2.   What is defamation? Defamation of character involves wrongfully hurting a person’s good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements of fact about others. Breaching this duty in writing or in another permanent form involves the tort of libel. Breaching this duty orally involves the tort of slander

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    Positive law as the ethic of our time. Business Horizons | September 01, 1990 | Fisher, Bruce D. | Copyright Positive Law as the Ethic of Our Time The number of businesspersons, political leaders, TV ministers, sports personalities, educators, and other role models for American society who in recent years have been fined, imprisoned, left private or public office in disgrace, or been denied Olympic medals starlets many. Others not only are alarmed by the rash of apparently unethical conduct

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    “contract” is defined as “an agreement giving rise to obligations which enforced or recognized by law” in the book Basic Principles of English Contract Law. In Malaysia, our contract law is basically governed and enforced by the Contract Act 1950 therefore according to Contract Act 1950, Section 2(h), contract is defined as “an agreement enforceable by law.” Under section 10(1) in Malaysian Contract Law 1950 says that “all agreements are contracts if they were made by the free consent of parties

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    Business Law

    ------------------------------------------------- Law and Legal Reasoning ------------------------------------------------- N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. | TRUE/FALSE QUESTIONS B1. Laws and government regulations affect almost all business activities.

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    Aspects of Contract and Negligence for Business | Introduction  The main purpose of the report is to recognize the aspects of Contract and Negligence for a Business. In these days, the business atmosphere is filled with agreements between industries and individuals. Whereas oral agreements may be used, maximum businesses use proper written contracts while engaging in actions. Written contracts deliver businesses and individuals with a lawful document affirming the prospects of both the parties

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    etc.) 5. Laws: some laws only apply to employee (minimum wage/overtime employees) What is IC? Independent/contract-based/by the job (ex. Housepainter) What is employee? Work for employer consistently, salary/wage, employer furnishes tools What happen if you mislabel the agent? Label pulls little weight. If a company mislabel: * 1099(if an agent file this): employer will report income at the end of year, pay the full tax amount missed, 20% of the tax amount, 15% of employee’s

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    Section A In situation A, Employee A had worked for company X for two years, which made him eligible for the Family and Medical Leave. However, there was no violation of the Family and Medical Leave law because employer X obliged to the requirements of the FMLA to reinstate the employee back to the previous job and at the previous rate of pay, after his leave. This Act allows employees to take unpaid leave, which was the case with employee A and thus, he did not deserve to be paid the salary for

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    Business Law & Taxation EASY ROUND 1. Which of the following individuals shall not be subject to the income tax under Section 24 (A)? |D |a. |Individual citizen of the Philippines residing therein; | | |b. |Individual citizen of the Philippines who residing outside the Philippines including overseas contract workers; | | |c. |Individual alien who is a resident of

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    include in a contract which state’s law will govern disputes that arise under the contract. A) True B) False 2. Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than to trial courts in deciding specific controversies. A) True B) False 3. It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. A) True B) False 4. Many areas of law important to businesses are governed

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    his wife. After six years, they fell behind on their mortgage payment and entered into an oral agreement to sell the house to Winfield and Emma Sackett if the Sacketts would pay the three months’ that they were behind and the future payments. After 15 years Robert Brigss filed an action to void the oral contract as in violation of the Statute of Frauds and evict the Sacketts from the house. The applicable issue in this case is contracts involving interests in real property; because according to

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    are implied in fact and contracts implied in law are both called implied contracts, a true implied contract consists of obligations arising from a mutual agreement and intent to promise, which have not been expressed in words. It is misleading to label as an implied contract one that is implied in law because a contract implied in law lacks the requisites of a true contract. The term quasi-contract is a more accurate designation of contracts implied in law. Implied contracts are as binding as express

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    * Duty of care and dillgence – statute law – s180 * S588G imposes a duty upon directors to prevent their company trading whle it is insolvent . s588G requires directors to be continually monitoring the financial status of their coy (* only apply to directors) * S181 – duties to act in good faith in the interest of coy and for a proper purpose * S 191 – duties to avoid conflicts of interest * S182&S183 – not to make improper use of position or information (* apply to employee)

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    Business Law Assignment Unit 9 Gregory Vogel Kaplan University Dale Emerson served as the CFO for the Reliant Electric Company, which distributes power to portions of Montana and North Dakota. Reliant was in the final stages of a takeover of Dakota Gasworks. Dale went on a fishing trip with his Uncle Ernest and mentioned the takeover of Dakota Gasworks. His Uncle Ernest then met with a broker and purchased $20,000 of Reliant stock. Over the weeks, Reliant stock rose and

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