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Discuccion #1 Please respond to the following
Please write at least two paragraphs with at least one reference (APA) present facts
Review this video, which reports the growing number of evictions as rents rise and property values increase. After 50 years at the same address, a 98 year old woman faces eviction. Although laws are different in each state, renters are having a harder time fighting evictions.
Woman, 98, Evicted From San Francisco Apartment After 50 Years
https://www.youtube.com/watch?v=Fg1kdC7eZZA ( please watch video)
Suppose you are the judge, and a case is presented before you where a tenant is facing eviction. The landlord has been in constant contact with the tenant and is able to supply the texts and notes to the tenant. However, the tenant agrees that the landlord did contact him, but the tenant claims there was not sufficient notice. The landlord is able to show months of texts and notes begging for the rent from the tenant. What are the legal considerations you would evaluate to determine the claims of the tenant and the landlord? In whose favor would you rule, and why? Be sure to support your legal analysis.
Please reply to my classmate’s discussion below with one to two paragraphs with at least one reference
Telisha wrote:
Suppose you are the judge, and a case is presented before you where a tenant is facing eviction. The landlord has been in constant contact with the tenant and is able to supply the texts and notes to the tenant. However, the tenant agrees that the landlord did contact him, but the tenant claims there was not sufficient notice. The landlord is able to show months of texts and notes begging for the rent from the tenant. What are the legal considerations you would evaluate to determine the claims of the tenant and the landlord? In whose favor would you rule, and why? Be sure to support your legal analysis.
Legally the landlord has several options when a tenant fails to pay rent such as: applying the security deposit to the unpaid rent, suing the tenant for the unpaid rent (which would include interest and cost of collection) or evicting the tenant (Beatty, Samuelson, & Sanchez Abril, 2016). In this situation, the tenant argues the landlord did not give sufficient notice. However, the tenant was aware for months they were in violation of duty to pay rent (Beatty, Samuelson, & Sanchez Abril, 2016). I would inquire if the tenant had any explanation for why they have not been paying rent and if the owner had failed to fulfill their duties as a landlord. For example, was the landlord notified the tenant was without heat/air for long lengths of time or that there were constant leaks in the roof and windows? If so, the landlord failed to satisfy the requirements of implied warranty of habitability, meaning all standards set by local building code were not met and conditions were not livable for a human to reside in (Beatty, Samuelson, & Sanchez Abril, 2016). If nothing like this was presented before me and the tenant had no defense for why they were not paying the rent, then I would have to rule in favor of the landlord. It appears the landlord has followed the legal step to serve a termination notice and wait for a hearing (as they are in front of me presenting the case) and has proved the tenant has failed to pay rent. On the other hand, if the tenant can prove they withheld payment of rent due to poor living conditions, in which the landlord had been notified of, I would have to rule in favor of the tenant.
Beatty, J. F., Samuelson, S. S., & Sanchez Abril, P. (2016). Introduction to Business Law, Fifth Edition. Boston, Massachussetts: Cengage Learning.
Discussion # 2
Please respond to the following:
Please write at least two paragraphs with at least one reference (APA) present facts
As you view the following video, think about the scope of the disasters – they are far beyond the individual just littering. Therefore, as you review the images and stories contained in the video, think about the reading and the laws that are discussed, and how they may impact the company, environment, and business practices in general.
Top 10 Man-Made Disasters (6:31)
https://www.youtube.com/watch?v=cPiINrpQEgI (please watch video)
You are a business owner who is environmentally aware, and thus you use the local river to help generate some electricity for your small business. You are doing well using this method of energy generation, but you begin to notice that over time the river seems to be flowing more slowly, and that is causing you to have sporadic losses of power. Upon inspection, you notice the river does seem a bit slower, seem to have more debris in it, and now has a funny smell. What are some legal concepts you will need to know to understand your rights? You want to do something, but are not sure what. Then, you remember your business law textbook. What are some of the legal issues and concepts you will need to know to mount a legal fight? Be sure to support your response.
Please reply to my classmate’s discussion below with one to two paragraphs with at least one reference
Telisha wrote:
First I would need to determine where the pollution is coming from such as a point source (pipes buildings like water treatment plants or factories) or a nonpoint source resulting from a storm accumulating such pollutants as animal waste, dirt and heavy metals, or from an accident (Beatty, Samuelson, & Sanchez Abril, 2016). Once the source is identified I would need to determine if someone was violating the Clean Water Act (CWA), whether it be the state or a business. For example, the Clean Water Act was implemented to make sure that all navigable water was safe enough for swimming and fishing and to ensure the reduction of pollution in these waters (Beatty, Samuelson, & Sanchez Abril, 2016). I would also need to determine if the EPA regulates the water in that particular river. Once that is determined I would inform the state of the problem I am having and inquire to see what their plan is to maintain the quality of the river according to national standards and to determine if they are exceeding their total maximum daily loads of pollution that is allowed (Beatty, Samuelson, & Sanchez Abril, 2016). Ultimately, I would need to prove the water is over polluted, what or who is the cause and, make sure that entity becomes responsible for the cleanup of waste being brought into the river.
Beatty, J. F., Samuelson, S. S., & Sanchez Abril, P. (2016). Introduction to Business Law, Fifth Edition. Boston, Massachussetts: Cengage Learning.
Discussion # 3
Please write at least two paragraphs with at least one reference (APA) present facts
Please respond to the following:
Anticipate what business law may look like 20 years from now and give your opinion on what you believe students will need to know in order to be successful in the field. Provide a rationale for your response.
Please reply to my classmate’s discussion below with one to two paragraphs with at least one reference
I anticipate that Business Law will evolve with the times. Given the current political climate, and the impending, and possible seating of the next SCOTUS appointees. I look forward to changes and debates in Business Law in the area of Privacy, that include include:
Currently the ability of hackers the world over to cyber-attack a business has become a nightmare that affects consumers a business’ reputation, and its bottom line. Now, current laws prevent cyber security from doing little but reacting to repair the damage. However, the future looks hopeful that there will be a more aggressive response to those who put at peril trillions of dollars in revenues, and the reputation of any industry that uses transaction technology. Looking forward I anticipate the authorization of business to be able to attack the attackers. That means that the FCC will establish a department that will join forces with business to launch preemptive strikes against those entities that are involved in cyber-crime.
In a published article University of Michigan Journal of Law Reform, 2016/07/01, Vol: 49, p891
“Corporations face immense obstacles navigating technical and legal frameworks to ensure the confidentiality and integrity of their data and their consumers' personal information.”
The fair thing should be that corporations and the public should be able to fight back. This consideration in policy will be a needed and refreshing thing for the Law to catch up to technology, and finally address the dangers of cyber-crimes in a meaningful way. Perhaps this can be a direction that will offer a viable resolution in facing this threat to business and the public good.
References:
Beatty, J. F., Samuelson, S. S., & Sanchez Abril, P. (2016). Introduction to Business Law, Fifth Edition. Boston, Massachusetts: Cengage Learning
Spencer, S. B. (2015). CRIME, PRIVACY, AND TECHNOLOGY: THE 21ST CENTURY WILDWEST: The Aggregation Principle and the Future of Fourth Amendment Jurisprudence. New England Journal On Criminal And Civil Confinement, 41289.
