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SCC Legal Issue Identification Applicable Law & Legal Rule Case Assessments Essay
This Assessment uses a common set of facts and they appear below.
Each weekly assessment has the same point value. Answer the question yourself with your own understanding of the law from our studies this term and do not rely on the Internet to cut and paste an answer from other sources. Cutting and pasting from any other source without attribution is a form of plagiarism and academic dishonesty, subject to discipline as described in the syllabus.
Answers relating to the coursework, text, and in-class discussions will score highest; supposition, personal opinions, and “winging it” will not be awarded credit. Jotting down random buzz words and phrases from the textbook in an attempt to get something to stick and earn points is not analysis and will not be awarded credit. Concluding only that someone should “consult with an attorney” is similarly inappropriate, since this is broad advice anyone who has taken this class could write, and it is generally and well understood. Responses based on external sources similarly do not score well, even where attribution is included. Remember, this is an assessment of the learning of the presented class material and methods used in class, not the ability to use search engines or use random cut and paste techniques.
Support your answers with appropriate legal analysis. When stating a legal rule, you must actually state it. Saying “the rule is in chapter 10 of the book” or “employment law” is not stating the rule, and will not be awarded any credit. Pay particular attention to the call of the question: answer what is specifically asked. Some questions specifically prohibit discussion of assumed facts or direct responses only to a specific rule of law. Responses that are unresponsive to the specific call of the question will, to the extent applicable, be given zero credit and will waste your valuable time.
Plan your time so that you answer completely an appropriately. You can use your text or class notes. Do not copy or merely recite the facts of the question in your answer. Doing so does not increase your score, and will waste valuable time.
Ensure you have a reliable Internet connection and computer before attempting the Assessment. I suggest you diligently test your usual Internet connection. “The Internet failed me” is not a valid reason for missing or not completing the Assessment.
Your work must be your own. By submitting this Assessment you are certifying: (1) that all the work is your own and only yours, (2) that you did not use the Internet for research (It is not allowed or necessary. Using the Internet will probably cause you to not have enough time to finish the Assessment.) (3) you will not and did not accept nor offer assistance to another nor accept
This assessment uses the following common set of facts. The question adds a few more facts in the call of the question for that question and that question only.
===========Common Facts, Weekly Assessments, Spring 2021 =============
Andy (A) and Barry (B) have been friends since early high school age and are now roommates while attending the public, state operated State University (SU). Several times each week they go on an extended bike ride together, starting with pre-ride coffee, and a refueling of lunch at the dorm cafeteria after the ride. Other students and SU personnel often join them A&B are both avid readers, and both collect books from their favorite authors. They attend book signings, lectures, and post ride discussions often turn to chatting about their latest book findings.
A&B maintain a small “little library” shelf at their dorm where they trade and share books with others for free. A&B have often discussed business futures in book editing, production, distribution, and sales.
A&B know that future business activities involve business and personal risks and know they must seek the advice of an attorney before acting on their plans.
ADDITIONAL FACTS FOR THIS ASSESSMENT ONLY:
A&B’s “little library” shelf business continues to thrive. They are lending out many books and distributing many books to the “little neighborhood bookshelves” that others have set up using the plans that A&B sold them. The business is so lucrative that publishers start to notice and approach A&B as a new marketing channel. Big Publisher (BP) is one of them.
BP contacts A&B and presents the concept that BP will make available and sell to A&B, BP’s top 10 best sellers on the first of each month at 50% below the suggested retail price if they order in batches of 100 books and pay for them within 30 days. A&B see this as an opportunity to turn their not-for-profit activity into a for profit one. A&B accept BP’s offer.
A&B contact everyone they had sent plans to for their “little neighborhood bookshelves “and offer to sell and ship to them on the 10th of each month one copy of publisher BP’s top 10 best sellers at 25% below the suggested retail price if they pay for them within 30 days. A&B send an email, with a form where all the recipient has to do is check the box, “Send the top 10 best sellers on the 10th of each month. I promise to purchase at 120 books over the next 12 months”. A&B received replies from 200 “little neighborhood bookshelves”.
BP delivers the first shipment of 100 books to A&B on the first day of month 1. A&B immediately request from BP 20 more batches or 2000 books be sent each month. BP starts shipping them 500 books per week.
After three months, A&B start to receive books back from the some of the “little neighborhood bookshelves” and no payments. The extra books are starting to stack up in the dorm room. So far, they have received payments from only 100 of the “little neighborhood bookshelves” amounting to $3000.
A&B also start receiving “Overdue Notices” from BP saying A&B owe BP $4000 for the books BP shipped them in the first month, another $4000 for books they shipped them the second month, another $4000 for the books they shipped them the third month and if A&B do not pay the amounts due BP will not ship them any more books.
At the beginning of the fourth month a freak winter storm hits the entire local area where SU and A&B reside. The entire region is paralyzed for 10 days, with power outages, blocked roads, and fuel shortages. A&B do not receive a shipment from BP as expected.
During the fourth month A&B also start receiving emails from all their “little neighborhood bookshelves” to not send any books this month. All have experienced structural failures from the wind to their bookshelves that came with the storm.
A&B start shipping to their “little neighborhood bookshelves” the books that have been stacking up in their dorm room. They send each “little neighborhood bookshelf” 5 books during the third week of the month.
Month 5 comes and A&B have no books to ship to the “little neighborhood bookshelves”. A&B send $2000 to BP. BP sends no books to A&B. A&B receive no payments from any of the “little neighborhood bookshelves”.
Month six comes and a shipment of 2000 books from BP arrives on the first of the month. A&B send it back.
A&B know they do not want to be in breach of contract with anyone. They are also concerned who is responsible for the books that are being shipped back and forth by all the parties as some are getting damaged.
Analysis of the case based on the text
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