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Statute of Frauds

1. Henry orally promises to sell his house to Beanna for $225,000. On the day after the agreement is entered into, Bernard offers Henry $235,000 for the house, and Henry orally agrees to sell him the house. The next day, Tanya offers to rent the house from Henry for one year at $1,000 per month and Henry orally agrees to the lease. If Beanna, Bernard and Tanya sue Henry to enforce their respective agreements, what will a court decide? Contractual obligations aside, as among the three innocent parties, to whom does Henry owe the greater ethical duty to honor his agreement in your view? Why?

 
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Mary’s Stationery Store ordered via fax, 10 wood cabinets from Oscar’s Office Furniture

Co. at a cost of$ 1,000 per unit, with delivery within thirty ( 30 ) days at her place of

business. She insisted in the fax that Oscar “take good care in handling the furniture so that it

arrives safely, without any dents or scratches”. Oscar advised that the goods would be shipped

through PUG Transport Co. While the truck was en route with the cabinets, it crashed and all

goods were lost. Oscar demanded Mary pay; Mary refused and insisted on a new delivery.

Mary also ordered via fax, 500 red, white and blue ball point pens from Parker Pen Co.

at a cost of $ 3 per pen and with delivery within 30 days. On the 25th day, ABC Delivery Co.

delivered the pens and on inspection, Mary noticed she received 250 black pens and 250 silver

pens. She also noticed that more than 50% of the pens had long scratches on their outer casings

but all the pens wrote fine. She advised the truck driver that “if I didn’t need the pens so badly

for my customers, I would reject the entire shipment.” Six weeks later, customers who purchased

the pens complained that the pens did not write properly after limited use. When Mary had the

ink cartridges tested, she learned the cartridges were defective. She contacted Parker Pen Co.

and advised of the defective cartridges, the improper color assortment and the long scratches and

demanded a new shipment. “Parker” refused but offered to replace all cartridges for free. Mary

rejected the offer and advised she would not honor Parker’s invoice and in so far as she was

concerned, “Parker” was in breach and absent a new shipment she was revoking her acceptance.

Mary and “Parker” consult you about their rights. Discuss.

ISSUE: what is shipment obligation? What is destination obligation? What if facts are unclear?

Who bears RISK OF LOSS?

ISSUE: if buyer receives goods that have patent defect(s), what must buyer do? Apply law to

facts and draw conclusion. What is “waiver” ? Apply law to facts and draw conclusion .

ISSUE : IF buyer discovers latent defect, what must buyer do?

What is doctrine of CURE? IF SELLER evidence an intention to cure, what must buyer do?

Who is in breach? Apply law to facts and draw conclusion.

 
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Complete a vulnerability analysis of supply chain systems, processes and components. In Vulnerability Analysis Report, you have to cover all factors leading to supply chain vulnerability for processes and systems operating in your industry.

SUPPLY CHAIN VULNERABILITY
Introduction
Modern supply chains are very complex, with many parallel physical and information
flows occurring to ensure that products are delivered in the right quantities, to the
right place in a cost-effective manner. In fact, supply networks may be a more accurate
term than supply chains. In this brochure, the terms supply chains and supply networks
are used with the same meaning
The shift towards leaner supply networks during recent years has resulted in these
networks becoming more vulnerable. In particular, there often tends to be very little
inventory in the system to “buffer” any interruptions in supply and, therefore, any
disruptions can have a rapid impact on the supply network.
These disruptions can arise from several sources, for example
natural disasters (e.g. the Kobe earthquake, which affected supply networks across the
globe, or, more recently, foot and mouth disease, which has affected the livestock
haulage industry, the tourist industry, etc);
terrorist incidents (e.g. events in the USA on 11′ September 2001)
industrial or direct action (e.g. the fuel price protest of September 2000, which very
rapidly impacted on almost every supply network in the U.K.);
accidents (e.g. a fire in a component supplier can have such a serious impact on
manufacture that they are forced to shut down operations, such as Toyota in 1997
due to problems at its supplier of brake-pressure proportioning valves);
operational difficulties (e.g. production or supply problems at one supplier can impact
every organization in the supply network).
Owing to the close interrelationships between many supply networks, the impact of such
disruptions can be far-reaching.
Companies have been aware of the need for disaster recovery and emergency planning
for some considerable time, particularly in areas such as information technology and
production plants. Business risk is now receiving increasing attention by companies (and
their insurers) particularly as regards the loss of market share and the time, and cost, of
re-entering a market atter a significant disruption to supply.
The robustness of supply networks is thus recognized as being critical both for individual
organizations and for the economy as a whole. The purpose of this brochure is to present
initial research led by the Canfield School of Management, in consortium with Heriot-Watt
University and the Business Continuity Institute, into this area. This research aimed to examine the business requirement, the state of knowledge, the tools that may be
appropriate and “best”.
or “current”. practice in the school chain vulnerability area

Background to Supply Chain Vulnerability
The concept of the supply chain as a network of inter-related entities that combine to
enable the satisfaction of customer demand is well established. Various definitions of
supply chain management exist and the one that we have adopted for this
report IS:
“The management of upstream and downstream relationships with
suppliers and customers to create enhanced value in the final
marketplace at less cost to the supply chain as a whole.
For many, if not the majority of ultimate consumers, their knowledge and understanding
of supply chains are limited. Even amongst those who work in industry and commerce.
unless their responsibilities lie within the specific functions that are touched upon by the
supply chain, that knowledge is usually only sketchy.
This lack of knowledge is not surprising given the complexity of today’s typical supply
chain. Yet, as we will argue, the complexity of the chain – which is tending to increase
rather than diminish – brings with it higher levels of risk and hence vulnerability.
Supply chains that comprise hundreds or possibly thousands of companies, extending
over several tiers, present numerous risks. Broadly, those risks can be classified into two
types: risks arising within the supply chain and risks external to it.
Risk within the supply chain arises from the interaction between constituent organizations
across the supply chain. It iS caused by sub-optimal interaction and cooperation between
the entities along the chain. Such supply chain risks result from a lack of visibility, lack
of’ ‘ownership’, self-imposed ‘chaos’, just-in-time practices and inaccurate forecasts.
External risks arise from interactions between the supply chain and its environment.
Such interactions include disruptions caused by strikes, terrorism and natural
catastrophes. Any disruption at any stage in a supply chain that can be linked to
environmental causes is ascribable to external risks.
Together, supply chain risks and external risks impact the vulnerability of the supply
chain. In addition, although both supply chain and external risks have independent
sources. simultaneous occurrence of both risks and interactions between them intensifies
the damage to the supply chain. Thus, supply chain vulnerability can be defined as ‘an
exposure to serious disturbance, arising from risks within the supply chain as well as
risks external to the supply chain”.
Consequently, supply chain risk management aims at identifying the areas of potential
risk and implementing appropriate actions to contain that risk. Therefore it can be
defined as: “the identification and management of risks within the supply chain and risks
external to it through a co-ordinated approach amongst supply chain members to reduce
supply chain vulnerability as a whole Factors contributing to supply chain risk
Whilst risk has always been present in the process of reconciling supply with demand,
several factors have emerged in the last decade or so which might be
considered to have increased the level of risk. These include:
A focus on efficiency rather than effectiveness
The globalization of supply chains
Hocussed factories and centralized distribution
The trend to outsourcing
Reduction of the supplier base
Volatility of demand
Lack of visibility and control procedures
These factors are considered below in more detail.
A focus on efficiency rather than effectiveness
The prevailing business model of the closing decades of the twentieth century was very
much based upon the search for greater levels of efficiency in the supply chain.
The experience highlighted that there was a significant opportunity in many sectors of industry
to take out significant costs by focusing on inventory reduction. Just-in-time (JIT)
practices were widely adopted and organizations became increasingly dependent upon
suppliers. This model, whilst undoubtedly of merit in stable market conditions, may
become less viable as volatility of demand increases. The challenge in today’s business
environment is how best to combine *lean practices with an agile response.
The globalization of supply chains
There has been a dramatic shift away from the predominantly ‘local for local’
manufacturing and marketing strategy of the past. Now, through offshore sourcing,
manufacturing and assembly, supply chains extend from one side of the globe to the
other. For example, components may be sourced in Taiwan, sub-assembled in Singapore
with final assembly in the USA tor sold in world markets.
Often the motivation for off-shore sourcing and manufacturing is cost. However, that
definition of cost is typically limited to the cost of purchase or manufacture. Only rarely
are total supply chain costs considered. The result of these cost-based decisions is often
higher levels of risk as a result of extended lead-times, greater butter stocks and
potentially higher levels of obsolescence – particularly in short life-cycle markets. A
further impetus to the globalization of supply chains has come from the greater increase
in cross-border mergers and acquisitions that we have witnessed over the last decade or

Focused factories and centralized distribution
One of the impacts of the implementation of the Single Market within the European
Union and the consequent reduction in the barriers to the flow of products across borders
have been the centralization of production and distribution facilities. Significant scale
economics can be achieved in manufacturing if greater volumes are produced at fewer
sites. In some cases, companies have chosen to ‘focus’ their factories – instead of
producing the full range of products at each site they produce fewer products exclusively
at a single site. As a result, production costs may be lower but the product has to travel
greater distances, often across many borders. Incidentally, at the same time, flexibility
may be lost because these focused factories tend to be designed to produce in very large
batches to achieve maximum scale economics.
Simultaneously with this move to fewer production sites is the tendency to centralize
distribution. Many fast-moving consumer goods manufacturers aim to serve the whole of
the Western European market through new distribution centres, for example, one in
north-west Europe and one to the south
The trend to outsourcing
One widespread trend, observable over many years, has been the tendency to outsource
activities that were previously conducted within the organization. No part of the value
chain has been immune from this phenomenon, companies have outsourced distribution,
manufacturing, accounting and information systems tor example. In some cases, these
companies might accurately be described as virtual companies. There is a strong logic
behind this based upon the view that organizations are more likely to succeed if they
focus on the activities in which they have a differential advantage over competitors. This
is leading to the creatiorganizationsk organizations’; whereby confederations of firms are
linked together – usually through shared information and aligned processes – to achieve
greater overall competitiveness. At a practical as well as a theoretical level this idea has
many attractions, for example, the supermarket chains run parallel own-account and
third-party distribution systems partly to spread the risk of disruption, particularly from
industrial action. However, in reality, outsourcing also brings with it several risks,
not least being the potential loss of control. Disruptions in supply can often be attributed
to the failure of one of the links in the chain and, by definition, the more complex the
supply network the more links there are and hence the greater the risk of failure
Reduction of the supplier base
A further prevailing trend over the last decade or so has been a dramatic reduction in the
number of suppliers from whom an organization typically will procure materials,
components, services, etc. In some cases this has even extended to “single sourcing :
whereby
one supplier is responsible for the sole supply of an item.
_Severa well-
documented cases exist where major supply chain disruptions have been caused because
of a failure at a single source. Even though there are many benefits to supplier base
reduction it has to be recognized that it brings with it increased risk

 
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FTC Consumer Alert
Federal Trade Commission Bureau of Consumer Protection Division of Consumer & Business Education
The Secrets of Mystery Shopping…
Revealed
Do you love to shop? If so, you may be tempted by unsolicited emails or newspaper ads that claim you can earn a living as a secret or mystery shopper by dining at elegant restaurants, shopping at pricey stores, or checking into luxurious hotels. But, according to the Federal Trade Commission (FTC), the nation’s consumer protection agency, marketers who promise lucrative jobs as mystery shoppers often do not deliver bona fide opportunities.
What is Mystery Shopping?
Some retailers hire marketing research companies to evaluate the quality of service in their stores; these companies use mystery shoppers to get the information anonymously. They assign a mystery shopper to make a particular purchase in a store or restaurant, for example, and then report on the experience. Typically, the shopper is reimbursed, and can keep the product or service. Many professionals in the field consider mystery shopping a part-time activity, at best. And, they add, opportunities generally are posted online by marketing research or merchandising companies.
What are the Scams?
Fraudulent mystery shopping promoters are using newspaper ads and emails to create the impression that they’re a gateway to lucrative mystery shopper jobs with reputable companies. These solicitations usually promote a website where consumers can “register” to become mystery shoppers — after they pay a fee for information about a certification program, a directory of mystery shopping companies, or a guarantee of a mystery shopping job.
The truth is that it is unnecessary to pay money to anyone to get into the mystery shopper business. The shopping certification offered in advertising or unsolicited email is almost always worthless. A list of companies that hire mystery shoppers is available for free; and legitimate mystery shopper jobs are on the Internet for free. Consumers who try to get a refund from promoters of mystery shopping jobs usually are out of luck. Either the business doesn’t return the phone calls, or if it does, it’s to try another pitch.
In another version of the scam, consumers are “hired” to be mystery shoppers and told that their first assignment is to evaluate a money transfer service, like Western Union or MoneyGram. The shopper receives a check with instructions to deposit it in a personal bank account, withdraw the amount in cash, and wire it to a third party. By law, banks must make the funds from deposited checks available within days, but uncovering a fake check can take weeks. Individuals are responsible for the checks they deposit, so if a check turns out to be a fake, they are responsible for paying the bank back. It’s a good idea never to deposit a check from someone you don’t know, especially if the stranger asks you to wire money.
FOR THE CONSUMER1-877-FTC-HELPftc.govFEDERAL TRADE COMMISSION
The Facts of Mystery Shopping
Becoming a legitimate mystery shopper for a legitimate company doesn’t cost anything. Here’s how to do it:
Do your homework about mystery shopping. Check libraries, bookstores, or online sites for –tips on how to find legitimate companies hiring mystery shoppers, as well as how to do the job effectively.
Search the Internet for reviews and comments about mystery shopping companies that are –accepting applications online.
Don’t pay a fee to become a mystery shopper. Legitimate companies don’t charge people to –work for them – they pay people to work for them.
Never wire money as part of a mystery shopping assignment.–
You can visit the Mystery Shopping Providers Association (MSPA) website at mysteryshop.org to search a database of mystery shopper assignments and learn how to apply for them. The MSPA offers certification programs for a fee, but you don’t need “certification” to look – or apply – for assignments in its database.
In the meantime, the FTC says consumers should be skeptical of mystery shopping promoters who:
Advertise for mystery shoppers in a newspaper’s ‘help wanted’ section or by email. While it –may appear as if these companies are hiring mystery shoppers, it’s much more likely that they’re pitching unnecessary — and possibly bogus — mystery shopping “services.”
Require that you pay for “certification.” —
Guarantee a job as a mystery shopper. —
Charge a fee for access to mystery shopping opportunities. —
Sell directories of companies that employ mystery shoppers. —
Ask you to deposit a check and wire some or all of the money to someone.–
If you think you have encountered a mystery shopping scam, file a complaint with your local consumer protection agency, the Better Business Bureau, your state Attorney General, or the FTC.
The FTC works to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S.
and abroad.

Mystery shoppers, do they help customer service?

 
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