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Read the following scenario and answer the question in 5-10 sentences.
1. You work for RBEY, Inc., a corporation that manufactures wooden furniture. You are a procurement officer, responsible for purchasing raw materials that will be converted in to the furniture. As the main point of contact for suppliers, you have built a relationship with many of them. You routinely negotiate purchase contracts back and forth by e-mail. Your e-mail signature includes your title and the company name under your name. When it is time to finalize a contract, RBEY is the name of the party to the contract, and you sign your name on a line above your typed name, title and company name. A friend of yours, who has a little knowledge of contract law, asks how you can possibly sign your name to the contract without including the term “as agent for RBEY.” Explain how you can avoid personal liability on the contracts.
2. You are the vice president of a computer sales company. You could save significant money by firing one of two employees who service the northwest region: Gary and Brenda. Gary is a long-time employee with an excellent sales record and a forceful demeanor. You and Gary have conflicted in the past, however, when you rejected a request for a significant raise from Gary. Brenda has been struggling with her sales quotas lately, but is very popular amongst her co-workers. She has also been a quiet confidant for key sales decisions. Evaluate whether you should layoff Brenda, Gary, or neither employee, and give the reasons for your decision.
3. You are the president of a HumTech, a technology consulting company, and have received some startling news. Richard is one of your information technology supervisors. You learn that Richard has been emailing Brenda, an information technology technician who reports to him, pornographic photos and sexually-directed jokes. Brenda told Richard to stop, but Richard continued to send the emails to Brenda. In response to Richard’s conduct, Brenda abruptly quit and filed a claim with the Equal Employment Opportunity Commission. Preventing sexual harassment has been a major priority for you, and you have established extensive complaint procedures, dispute resolution mechanisms, and sexual harassment prevention policies. You are surprised that Brenda didn’t use these resources before seeking legal redress. Evaluate whether your company may be held liable for Richard’s conduct.
4.You are an administrator working for the Maine Department of Environmental Protection, a state administrative agency. You are tasked with implementing a new and controversial pollution control rule. The media will be watching closely to ensure all required procedures are followed. Local citizens are requesting that the rule be implemented immediately and without a hearing because, they argue, the need for controls are so acute. A California environmental group is requesting that you consider the impacts of the rule on their state. A manufacturing lobbyist has asked you to decrease relevant pollution standards in the rule by 90%, even though you have significant evidence that current pollution levels are dangerously high. Assuming that Maine administrative law, including the Administrative Procedure Act, is substantially the same as federal law discussed in this chapter, evaluate your responses to these requests in light of rules you need to follow. You want to avoid having your rule held unlawful and set aside by a court.
5.You have started a successful business and are now ready to buy some property as your storefront location. You find one piece of property on a prime corner lot downtown. The owner of that property is willing to sell it to you with a quitclaim deed. The property has been in his family for multiple generations and he is not sure if any cousins have a legitimate claim to the property. You find another piece of property of similar size that is in a slightly less ideal location, but the owner is willing to sell it to you with a warranty deed. Based on your knowledge of the types of deeds, briefly discuss the risks involved in buying each property, which one might cost you more, and who has the burden of cost if a claim comes against the title of the property after the purchase.