Learning Goal: I’m working on a business case study and need an explanation and answer to help me learn.
INDIVIDUAL TERM PROJECT
Now that you have spent the last few weeks learning the individual sections of a brief, this assignment will put it all together. In this assignment you will be the judge and decide a case.
Using the fact scenario below, prepare a case brief as if you were the judge hearing the matter. In your role as a judge you are to be impartial, and make your ruling based on the law as you understand it.
Failure to follow the case brief format will result no credit.
- Facts – Start with the relevant facts, state those facts that are important for someone to know that has not read the fact scenario in order to understand your brief.
- Issue – Next state what you find to be the issue in the case in a question format,
- Holding – Then answer your question by stating what you have held.
- Law – State what law you used to make your decision. Sometimes it is helpful to simply scan the detailed contents in the front of your book to understand what law to use.
- Rationale – Finally, in the rationale section be sure to: discuss all the possible arguments for each side; apply the law to the facts of the case and state your ruling in the case and your reasons to support your ruling.
You should also practice summarizing as you will also do this in many assignments. To summarize give the relevant facts in the article/case/law. Assume no one knows anything about the article you are describing. Use your own words not the words of the article/court/statute. Be sure to give the case style.
Any time you copy from an article you must paraphrase and cite properly. Paraphrasing is more than changing a couple of words. Paraphrasing is using your own words to tell the story. If you use words from the article they must be in quotations. Quotes should be limited to one or two sentences only if it is necessary to tell the story.
Use the Fact Scenario Below as your case
Bob Corona wanted to own a bar since the day he stepped in one. He opened Bob’s Beer Bash 5 years ago and found out how hard he had to work to keep it in operation. Bob decided that he did not want to spend his retirement dealing with all the stressful responsibilities of ownership. After his 5 years of ownership, he sold his business, Bob’s Beer Bash, to Joe Guinness. Joe agreed to allow Bob to continue to manage the bar. Joe did not change the name of the bar.
Joe authorized Bob to order certain items for the business such as beer, juice, soda, and napkins. Bob would order these items once a month to keep the bar stocked. Bob would place these orders by phone to World Imports, Inc. When the ordered items were delivered, Bob would sign the World Imports Inc. delivery form. Joe would then pay for the items in a timely and reasonable manner.
After a year of ordering these items from World Imports, Inc., Bob decided, on his own, that the Bar menu needed some ‘zip’! So, in addition to these authorized items, for 4 months Bob ordered expensive French wine, expensive cigars, and Russian caviar from World Imports, Inc. These new additions to the menu brought in a different class of customer that increased the bar’s revenue, as well as Bob’s tip jar.
These items were shipped from World Imports, Inc. each month to Bob’s Beer Bash, but the business was not able to pay for them. For the first 2 months, Joe paid for all of the purchases, primarily because the caviar had been selling so well at the bar. For the next 2 months Joe paid only for the items that he had authorized Bob to order.
World Imports, Inc. sued Bob’s Beer Bash. World Imports, Inc. claimed that Bob’s Beer Bash should have to pay for all the purchases made. Bob’s Beer Bash claimed that it should not be responsible for any of the purchases it had not authorized Bob to make.