help with ppt due in 48 hours and reply due in 1 hour
combsattached
3 years ago
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files (2)teamassignment1.docx
NM.docx
teamassignment1.docx
Your team is to analyze the case presented much like the cases submitted via Turnitin. Instead of developing a written paper, your team is to develop a presentation covering all of the elements that would have been covered in a research paper. Sources must be properly cited, and at least two sources other than the textbook must be used to include outside court cases. The final slide of your presentation should list your references in APA format.
Each team member must narrate the slides he/she contributed to the presentation in Voice Thread. The team will receive one grade for the assignment.
Case Scenario
Lynette Hines is employed by Irvin Industries. She recently became a Seven Day Adventist and has informed her employer that she can no longer work on Saturday. Irvin Industries makes seat cushions for airplanes and is a relatively small operation. While Saturday is not a regular workday, frequently employees are required to work on Saturday and they are informed of this condition of employment during the hiring process. Lynette is told by her supervisor that if the plant is operating on a Saturday, she will have to be there unless she is sick. He explained to Lynette that he had no one to do her job and her absence would slow down production. The following Saturday, Lynette failed to report to work and she was fired. She filed a claim for religious discrimination under Title VII.
Team Assignment Rubric
Criteria Ratings Pts
Analysis: A thorough analysis was discussed to include applying the legal principles and incorporating research.
40 pts- Excellent:The analysis used the correct legal principles and applied them correctly. Appropriate assumptions were stated to provide context to the argument made. Outside research was used to support the argument.
30 pts- Good: The analysis used the correct legal principles for the most part and applied them correctly. Appropriate assumptions were stated to provide context to the arguments made. Outside research was used to support the argument.
20 pts-Fair: The analysis did not thoroughly demonstrate the use of legal principles and/or did not consistently apply them correctly. Outside research did not thoroughly support the argument.
10 pts-Poor: The correct legal principle was not used or was poorly applied. Assumptions were not clearly stated or accurately applied. Outside research was not used to support the argument.
0 pts: Not attempted
/ 40 pts
Management Tips: A thorough set of management tips were provided to include dealing with the current situation and preventing similar issues in the future.
30 pts- Excellent: Management tips addressed the situation and provided recommendations for preventing similar situations in the future.
23 pts- Good: Management tips addressed the situation and provided recommendations for preventing similar situations in the future for the most part.
15 pts- Fair: Management tips did not address the situation or did not provide recommendations for preventing similar situations in the future.
8 pts- Poor: Management tips did not thoroughly address the situation or provide recommendations for preventing similar situations in the future.
0 pts- Not attempted
/ 30 pts
Formatting: Follows the requirements related to format and APA.
10 pts- Excellent: Clearly follows the requirements related to format and APA.
8 pts- Good: Follows, for the most part, the requirements related to format and APA.
5 pts- Fair: Does not consistently follow the requirements related to format and APA.
3 pts- Poor: Poorly follows the requirements related to format and APA.
0 pts Not attempted
/ 10 pts
References: Scholarly level of references, how effective references are used, soundness of references.
10 pts- Excellent: All references used are of good/scholarly quality. There is a minimum of two scholarly references to include outside court cases, and they are used effectively.
8 pts- Good: Most references used are of good/scholarly quality. There is a minimum of two scholarly references to include outside court cases, and they are used effectively.
5 pts- Fair: Some references used are of good/scholarly quality. There is a not minimum of two scholarly references to include outside court cases, and/or they are not used effectively.
3 pts- Poor: Most references used are not of good/scholarly quality. There is not a minimum of two scholarly references to include outside court cases, and they are not used effectively.
0 pts Not attempted
/ 10 pts
Presentation Quality: A thorough presentation was delivered in a logical manner presenting main points without reading the full text from slides.
10 pts- Excellent:The presentation was delivered in a logical manner presenting main points without reading the full text from slides.
8 pts- Good: The presentation was mostly delivered in a logical manner presenting main points usually without reading the full text from slides.
5 pts- Fair:The presentation was not fully delivered in a logical manner presenting main points. Some slides were presented by reading the slide text to the viewer.
3 pts- Poor: The presentation was not delivered in a logical manner, and/or slides were often presented by reading the slide text to the viewer.
0 pts Not attempted
/ 10 pts
Total Points: 0
NM.docx
Second, each participant must provide a substantive response to at least one posting from a colleague in the discussion, critiquing the initial post by appealing to legal and business considerations.
ANIKO’S POST:
Case #1
A subsidiary of Colossal Corporation has negotiated a contract that calls for any disputes to be settled in the courts of Zintar, a relatively small African country that supplies raw materials for some of Colossal's European operations. The VP would like a discussion on the wisdom of this contract provision and thoughts on possible alternative approaches if the contract were to be renegotiated.
While seeking alternative methods to settle disputes, arbitration may be an option worth considering. It is a non-judicial process that strives to reach a fair resolution. Arbitration offers the advantages of confidentiality and efficiency, but its most significant benefit is that the resulting decision is enforceable. Mediation is another approach worth exploring, where a neutral third party assists in bringing the conflicting parties to a mutual agreement. The mediator facilitates the discussion, allowing the parties to arrive at a resolution independently (Goodwin, 2024).
Case #2
A Colossal subsidiary in Bartan, an Asian country, wants the company to enter into a sales contract with a subsidiary there, using the UN Convention on Contracts for the International Sale of Goods (CISG) as the controlling law. The VP needs to know the ramifications of this option and decide whether it is a good idea.
This particular legal case pertains to the utilization of the U.N. Convention on Contracts for the International Sales of Goods (CISG) as the controlling law. The CISG aims to establish a consistent global legal standard governing sales transactions that cross international borders. It has been in operation since January 1, 1988, and is legally acknowledged in the countries that have ratified it. The majority of significant trading nations are signatories to the agreement, thus making it a highly respected international accord (Goodwin, 2024).
The rules of the CISG pertains to remedies, such as the intricacies of dealing with contract frustration or performance impossibility. Thereby, before making a decision to use the CISG as the controlling law, according to Goodwin (2024) it is recommended to:
i. Confirm whether the relevant jurisdictions, including Colossal subsidiary Bartan, have adopted the CISG. If both parties have their places of business in a contracting state where the CISG is in effect, it will be used to interpret the contract. However, if the parties have explicitly chosen a different legal regime to govern the contract, the CISG will not be applicable.
ii. Ensure that the subsidiaries understand the legal terms of using CISG. CISG applies to sales only, not to other types of contracts. In fact, if a contract involves multiple types of activities, it may require clarification to determine whether the convention applies. For example, international sales contracts often include equipment services. If the sales component is the primary obligation of the contract, then the convention will apply to the entire agreement.
iii. Have a discussion about possible remedies, such as the impossibility of performance. For example, under Article 79 of the CISG, a party cannot be held accountable for failing to fulfill their contractual obligations if they can demonstrate that the failure was due to an unforeseeable obstacle beyond their control at the time of contract signing. This exemption remains valid for the duration of the obstacle. In essence, if a ‘force majeure’ event hinders the delivery of goods, the responsible party is still obligated to deliver the goods once the event subsides.
iv. Engage with a legal counsel possessing expertise in the field of international contracts and the CISG to effectively draft and negotiate a comprehensive and secure contract that safeguards one's rights. The legal counsel's proficiency in the subject matter will prove indispensable in ensuring that the contract is drafted in a manner that is both legally sound and beneficial to the interests of the concerned parties. This approach will enable one to negotiate favorable terms that offer adequate protection to one's legal rights.
References
Goodwin, R. C. (2024). International Contracts. Document posted in University of Maryland Global Campus (UMGC) MBA 630 Online Classroom, archived at https://leocontent.umgc.edu/content/scor/uncurated/mba/2218-mba630/learning-topic-list/international-contracts.html?ou=1190745
Goodwin, R. C. (2024). International Dispute Resolution. Document posted in University of Maryland Global Campus (UMGC) MBA 630 Online Classroom, archived at https://leocontent.umgc.edu/content/scor/uncurated/mba/2218-mba630/learning-topic-list/international-disputeresolution.html?ou=1190745
