Project 1: Introduction to the Legal Environment of Business
vemylami
Feedback_BlueMoodPowerPoint_07-27-21.ptp.pptxIntroduction
Colossal Corporation revealed theft incidence at Blue Mood Clothing
About five thousand Breezers had been lost in the company in the past one month
The merchandise were in the Nick Jackson's disposal
Nick had acquired the Breezers from Juanita Winfrey
Bill the Company Internal Investigator discovered an online advert for sale of merchandise that resembled the lost company Breezers
Bill mistakenly accuses Nick for the lost Breezers
On follow up, it is discovered that Alex stole the merchandise selling it to Juanita
The project scenario will focus on The Blue Mood Clothing Inc. case review.
About 5,000 Breezers at Blue Mood Clothing were stolen in the past month. The merchandise was at Nick Jackson's disposal who had acquired the Breezers from Juanita Winfrey. Bill the Company Internal Investigator discovered an online advertisement for the sale of merchandise that resembled the lost company Breezers. He eventually by mistake accused Nick of the lost Breezers. On follow-up, it is discovered that Alex stole the merchandise selling it to Juanita who purchases the Breezers without prior knowledge that they had been stolen. This presentation analysis any legal allegations that could arise and the possible defenses that the parties could use against any allegations.
1
Alex Termination without any Notice or a Hearing
New Jersey follow the employment at will law
The at will doctrine has several exception on the implied employment agreement.
Alex is at will staff in the company tasked with the night safety
At will employment offers the employer the freedom to bring to end employment anytime
The doctrine permits a staff to resign at their convenience
The doctrine encompasses terminating employment on committing acts deemed as morally reprehensive
Thus, without an express contract Alex can be terminated without any notice or hearing
From the case, Colossal Corporation can terminate Alex's employment without any hearing or notice. Alex did commit the crime of theft which is an intentional crime. He stole Breezers from Blue Moods Inc. who is the employer to be financially affected by the act.
Alex is an AT-WILL staff in the company tasked with night safety. What is Employment at will? "An Employment at will is a doctrine of common law that allows either the employee or the employer to terminate an employment relationship at any time, for any reason, with or without notice, and even for a morally reprehensible reason, so long as the ending of the relationship does not fall into an exception to the employment-at-will doctrine" (Employment at will UMGC, n.d).
As the employer, Colossal Corporation can terminate Alex's contract at will since Alex is employed under an employment-at-will contract. Under this contract, the employer or employee is at will to terminate the contract without giving a hearing or making any considerations. Any mistake done by either party can result in termination, and a party does not need consent from the other party to terminate the contract. New Jersey follows the employment-at-will law that encompasses terminating Employment on committing acts deemed morally reprehensive. Thus, without an express contract, Alex can be terminated without any notice or hearing.
2
Analysis on whether Alex, Nick, Bill, or Juanita Committed Crime
Case of Alex
Alex committed a crime under business criminal law.
Alex committed larceny.
Larceny involving taking and carrying away of personal property of another with intent to steal the same
Alex stole five thousand Breezers from Blue Mood Clothing.
The theft was intentional.
Alex was not supposed to access or sale any products from the company and thus, the case qualifies as Larceny.
Analysis on whether Alex, Nick, Bill, or Juanita Committed Crime.
Alex has committed a crime under the business criminal law, a crime of Larceny. Larceny is the unlawful taking (theft) of personal property with the intent to permanently deprive the rightful owner of it (Business Criminal Law, 2021). The act of taking away and selling five thousand Breezers from Blue Mood Clothing qualifies as theft, and thus, Alex has a case of Larceny.
3
Analysis on whether Alex, Nick, Bill, or Juanita Committed Crime(Contd’)
Case of Nick and Juanita
Nick has an imminent crime of acquiring stolen merchandise
Juanita purchased stolen Breezers without further knowledge if these had been stolen
From her perspective, Juanita was legally involved in a business transaction surrounding the Breezers products.
Analysis on whether Alex, Nick, Bill, or Juanita Committed Crime continued.
Nick, based on the conceptual intent laws, did not commit any crime. Nick bought the shirts from Juanita with no sign of him being aware that the merchandise had been stolen.
Juanita had a more direct relationship with Alex as a direct receiver of the stolen merchandise through purchase.
However, Bill's emails discovery validates that Juanita did not know that the property was illegally acquired.
Like Nick, under New Jersey statute 2C § 20-7, to find Juanita guilty of a crime, she would have had to have a reasonable belief that the property was stolen.
From her perspective, Juanita was legally involved in a business transaction surrounding the Breezers products.
4
Analysis on whether Alex, Nick, Bill, or Juanita Committed Crime contd..
The general knowledge that the goods are stolen amount to an intent (Meekins, 2007).
For there to be an intent, the defendant must have actual knowledge that the property was stolen (Criminal Law UMGC, 2021)
Presumption of knowledge can also be termed as an intent (Meekins, 2007).
Juanita bought the Breezers from Alex at a fair market price.
The price thus could not create any suspicion to qualify as presumption of knowledge.
Bill ascertained that Juanita and Nick has no information the goods were stolen.
Analysis on whether Alex, Nick, Bill, or Juanita Committed Crime continued.
When a person knows that the goods they are buying are stolen, they break the business criminal law and commit a crime. Presumption of knowledge may also be used as proof that a person has committed a crime. However, in the case of Nick and Juanita, there is no knowledge that the property was stolen. Juanita bought the property from Alex at a fair market price which could not create suspicion that the property was stolen. From Bill's report, it is also clear that the two did not know that the property was stolen, and thus, they committed no crime.
5
Bill’s Crime
Bill committed a crime under the false claim act.
The false claim act involve knowingly presenting information which is not right (False Claims Act UMGC 2021).
False claim act affect the lives of other people by presenting false information.
Bill sent an email that Nick was a thief and he had intensive criminal record.
Bill knew that the information was not right.
Bill's Crime
Bill also committed a crime under the false crime act by alleging that Nick was a thief and had numerous criminal cases in New Jersey. Bill, however, knew that the information was not correct. As provided in the false claim act, a person commits a crime by presenting information that is not correct to the government or institution. As a result, Bill committed this crime. The email has the capability of harming Nick's reputation and business.
6
Defenses, in Response to the Crimes Identified
Alex might not have any defense for their committed crime under the law. He stole from the employer
For Nick and Juanita took in the stolen merchandise without prior knowledge on the exact source. He can utilize the defense that he purchased the merchandize legally from Juanita
Juanita can thus allege that they purchased the Breezers. They can use the defense that she was operating with Blue Mood salesperson who in this case was Alex
Bill Distributed an opinion that was not meant to be shared to the entire team
of the company staff. He can argue that he did not intent to
bring any harm to Nick’s name or reputation
Defenses, in Response to the Crimes, Identified.
Alex doesn't have a defense in this case. He stole from his employer to pocket the funds himself.
Bill may argue that it was not his intention to cause harm to Nick or his reputation by sending the email to all employees, which was also sent to a friend working within the company.
Juanita could use the defense that because she thought that Alex was a Blue Moon Clothing agent, there was no way to determine the Breezers were stolen. An intentional tort is part of the U. S. common law system, which encompasses situations where individuals conduct causes harm to another.
Alex's conduct caused harm to his employer, Blue Moon Clothing, Inc. The company was out of 5000 Breezers that could have been sold for profit.
Bill's conduct caused harm to Nick and his reputation both within the company and outside.
Nick didn't commit any intentional torts, and Juanita didn't commit any intentional torts. Alex has no defense. Bill could use the defense that he didn't intentionally send the email to cause harm to Nick, that he was acting in a manner to locate the culprit of the Breezers theft.
7
Review on whether Alex, Nick or Juanita Committed any intentional Tort
Intentional Tort hold that one commits the tort with the aim of causing the outcomes
Alex did commit intentional Tort
The action by Alex caused harm to Blue Mood Inc.
The action by Bill can be termed as amounting to tort as it caused harm to Nicks name as well as his reputation
Under the law Bill did commit strict liability tort which was not intentional
Nick can be said to have not committed intentional tort
From the case Juanita did not commit any intentional tort
Review on whether Alex, Nick, or Juanita Committed any intentional tort.
Intentional tort holds that one commits the tort intending to cause the outcomes (Law of Torts, 2021). Alex did commit the intentional tort. The action by Alex caused harm to Blue Mood Inc. The action by Bill can be termed as amounting to tort as it caused damage to Nicks' name and reputation. Under the law, Bill did commit strict liability tort, which was not intentional. Nick can be said to have not committed an intentional tort. From the case, Juanita did not commit any intentional tort.
8
Review on whether Alex, Nick or Juanita Committed any intentional Tort contd.
By stealing from the company, Alex committed a tort.
Alex committed an intentional tort of conversion
Conversion involves taking another person’s property without their consent.
Conversion includes stealing property from an employer as well as purchasing stolen property.
Alex did not have the consent to take the Breezers from the company and thus, amounting to a tort.
Review on whether Alex, Nick, or Juanita Committed any intentional Tort continued.
An intentional tort of conversion involves a person taking the property of another without having the consent of the owner (Law of Torts (2021). This includes a person stealing property or taking over control of another person without their consent. By stealing from his company, Alex committed a tort of conversion and is thus liable to punishment under tort law.
9
Defense for Alex
Alex can defend himself under the law.
Abandonment of property by the plaintiff is one of the defense that Alex can use.
Alex can claim that the Breezers had been abandoned by Blue Mood Clothing.
Alex can also use nonexistence or lack of identity of property.
Lack of identity of property involves a claim that the property traced is not exactly what was lost
Alex can claim that he had no connection to what Nick was selling.
Defense for Alex.
There are several forms of defense on conversion which Alex can use. Alex can use the abandonment of property by the plaintiff and claim that the Breezers had been abandoned, and he only took them since they were not being sold out. Also, nonexistence or lack of identity where a person claims that the property being sold was legally released from the company and has no connection to it is an alternative defense for Alex.
10
Defense for Alex contd..
Waiver and ratification is also a defense option for Alex.
Alex can claim to have bought the property then sold it out.
The company does not have a prohibition for buying by the employees or insiders.
Ratification involves giving a formal consent to a person or having a valid agreement (Klick & MacDonald, 2020).
Alex could pose a claim that he made the transactions on behalf of a sales agent.
Defense for Alex continued.
Alex also has an option of claiming a waiver and ratification in defending himself. By ratification, Alex can claim that he has formal consent to make the transactions. Additionally, Alex can claim that he had bought the property and sold it out to Juanita as his own property and thus, he had the company's consent.
11
Tort: Bill
Bill also committed a tort.
Bill committed an intentional defamation tort.
Defamation involve the publication of information which is untrue about a person
Affect the reputation of the other person.
When untrue information is told to a third party about a person, then defamation is committed.
A libel was committed in this case as the false message was sent as an email.
Tort: Bill
Defamation involves a person publishing false information about another person through different communication channels, including oral, televised, or written (Legal Theory & Foundations and Law of Torts, 2021). Defamation affects the reputation of another person and exposes them to financial or reputation damage. The information published has to be untrue for the case to qualify as defamation.
12
Bill’s Defense
Bill can defend himself in some way.
Bill can claim to have privileged communication under the law.
As part of the management, Bill has a right to pass critical information to the vice president.
Bill can also claim that the message was confidential and not meant for the public.
The email was only intended for the vice president.
The message was copied to the other employees by mistake.
Bill's Defense.
There are several ways of defending Bill using defense for defamation. One of the defenses for defamation is privileged communication (Legal Theory & Foundations and Law of Torts, 2021). Some allegations made by teams can be treated as privileged, and they are thus exempted from a tort. Bill can use this claim to defend himself that he had the privilege to communicate to the vice president. Bill can also claim that the message sent was confidential and only meant for the vice president, and thus, the message was mistakenly passed to the public.
13
Collection of Damages for the Intentional torts
The law provisions for the collection of damages as a result of intentional defamation
The damages that can be collected for the intentional damages can be compensatory.
Punitive damages can also be collected by Blue Mood Inc.. for the torts committed
In this case Nick could be awarded damages as a result of the negligent character
Blue Moon incurred loss as a result f the lost Breezers thus could be awarded damages as a result of funds loss to the entity
Juanita could collect special damages by suing Alex
Collection of Damages for the Intentional torts.
There are provisions under the law for the collection of damages due to intentional defamation (Tort Damages, 2021). The damages that can be collected for the intentional damages can be compensatory. Blue Mood Inc. can also collect punitive damages for the torts committed in this case.
Nick could be awarded damages as a result of the negligent character.
Blue Moon incurred loss due to the lost Breezers thus could be awarded damages due to funds loss to the entity.
Juanita could collect special damages by suing Alex.
14
Summary and Recommendations
From the case, Colossal Corporation can terminate Alex's employment without any hearing or notice.
Alex should be sued for fraud commitment, falsely pretending and conducting business on the company Breezers
Nick and Juanita entered into business in good faith without prior knowledge that the Breezers had been stolen
The case will not be substantive to undertake against the two
Bill could be charged on defamation grounds
Defamation suit could be filed against Colossal Corporation
Summary and Recommendations.
From the case, Colossal Corporation can terminate Alex's employment without any hearing or notice.
Alex should be sued for fraud commitment, falsely pretending, and conducting business on the company Breezers.
Nick and Juanita entered the business in good faith without prior knowledge that the Breezers had been stolen.
The case will not be substantive to undertake against the two.
Bill could be charged on defamation grounds.
A defamation suit could be filed against Colossal Corporation.
15
References
Business Criminal Law (2021). Business Criminal Law posted in University of Maryland Global Campus MBA 630 9040 online classroom, archived at: https://leocontent.umgc.edu/content/umuc/tgs/mba/mba630/2215/learning-topic-list/business-criminallaw.html?ou=583183
Criminal Law and Procedure (2021). Criminal Law and Procedure posted in University of Maryland Global Campus MBA 630 9040 online classroom, archived at: https://leocontent.umgc.edu/content/umuc/tgs/mba/mba630/2215/learning-resourcelist1/criminal-law-andprocedure.html?ou=583183
Employment at will 2021. Employment at will posted in University of Maryland Global Campus MBA 630 9040 online classroom, archived at: https://leocontent.umgc.edu/content/umuc/tgs/mba/mba630/2215/learning-topic-list/employment-at-will.html?ou=583183
False Claims Act UMGC 2021. False Claims Act posted in University of Maryland Global Campus MBA 630 9040 online classroom, archived at: https://leocontent.umgc.edu/content/umuc/tgs/mba/mba630/2215/learning-resourcelist1/criminal-law-andprocedure.html?ou=583183
References contd..
Law of Torts (2021). Law of Torts posted in University of Maryland Global Campus MBA 630 9040 online classroom, archived at: https://leocontent.umgc.edu/content/umuc/tgs/mba/mba630/2215/learning-topic-list/law-of-torts.html?ou=583183
Legal Theory & Foundations and Law of Torts (2021). Legal Theory & Foundations and Law of Torts posted in University of Maryland Global Campus MBA 630 9040 online classroom, archived at: https://leocontent.umgc.edu/content/umuc/tgs/mba/mba630/2215/learning-resourcelist1/legal-theory-foundationsandlawoftorts.html?ou=583183
Meekins, T. M. (2007). Risky Business: Criminal Specialty Courts and the Ethical Obligations of the Zealous Criminal Defender. Berkeley J. Crim. L., 12, 75.
Tort Damages (2021). Tort Damages posted in University of Maryland Global Campus MBA 630 9040 online classroom, archived at: https://leocontent.umgc.edu/content/umuc/tgs/mba/mba630/2215/learning-resourcelist1/tort-damages.html?ou=583183
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