BUS3055 Debtor Creditor and Secured Transactions Discussion Questions

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BUS3055 Debtor Creditor and Secured Transactions Discussion Questions

Before beginning work on this week’s discussion forum, please review the link “Doing Discussion Questions Right,” the expanded grading rubric for the forum, and any specific instructions for this week’s topic.

The discussion assignment consists of two parts. Select one of the questions for Part 1 and answer Part 2.

By the due date assigned, submit your answers to Part 1 and Part 2 to this Discussion Area. Post the answers to both parts in one thread. Label your answers Part 1 and Part 2, but do not repeat the scenario text in your responses. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students as outlined in the expanded rubric by the end of the week.

Discussion Question Part 1

Select one of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. You should locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.

Scenario I – Debtor Creditor

In partnership with American Express, Porter Cable requests that all employees at the rank of supervisor and above apply for a corporate credit card to be used for pay for travel, training and similar expenses. Ima Krimnel, the manager of the distribution center, was issued a corporate card and used it to take her husband to Hawaii for their 20th wedding anniversary.

  • If Krimnel does not pay the charges, is Porter Cable liable? Why or why not?

Scenario 2—Secured Transactions

After receiving a promotion to logistics manager, Shantil’s husband, Ashton, purchased a 2017 BMW SUV for $68,000; however, he financed $48,000 through First Florida Banc. The bank took a security interest in the vehicle. Ashton was out of town for work when Shantil found out he had been having an affair. Shantil took a baseball bat and broke the windows and put dents in the BMW. Shantil then dropped the car off at the girlfriend’s apartment. Ashton was furious. After taking the car to a body shop for repairs, Ashton was unable to pay the bill due to the divorce, so he negotiated terms with the body shop; however, the shop retained possession of the vehicle. The repair shop claimed a lien on the car for services and materials in the amount of $21,250. Ashton stopped making payments to the bank while he was trying to save money to pay off the repair. First Florida Banc claimed priority.

  • Discuss the rights of each party and determine which party is in the best position to prevail.

Discussion Question Part II

Based on the business you started in Week 1, answer the following questions in one to two paragraphs. Use laws, examples or cases to support your response.

  • Consider the product or service you selected in Week 2. Describe how you plan to structure extension of credit to your customers to ensure the most protection for your company in the event the customer falls behind on payments or files for bankruptcy. Assume that your business will offer some type of credit arrangements even if you do not have plans to offer the credit option.
  • What type(s) of insurance policies will you need for your business? Identify a company located in your state that can supply at least one of the insurance policies you will need

DISCUSSION 2:

Before beginning work on this week’s discussion forum, please review the link “Doing Discussion Questions Right,” the expanded grading rubric for the forum and any specific instructions for this week’s topic.

The discussion assignment consists of two parts. Select one of the questions for Part 1 and answer Part 2.

By the due date assigned, submit your answers to Part 1 and Part 2 to this Discussion Area. Post the answers to both parts in one thread. Label your answers Part 1 and Part 2, but do not repeat the scenario text in your responses. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students as outlined in the expanded rubric by the end of the week.

Discussion Question Part 1

Select one of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. You should locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.

Scenario 1 – Discrimination

The Mad Beach Pub is a small casual restaurant located in YOUR STATE. The business is privately owned and currently has 4 full time employees and 15 part time employees. Mandie, a 46 year old transgender applicant for a position as a bartender was denied the position. Mandie was highly qualified, with many years of experience in waitressing and bartending; however, Joy, a 25 year old college student was hired. Joy’s experience included working as a waitress at Hooters for 1 year.
Research the state laws on non-discrimination in YOUR STATE.

  • Using federal law and YOUR STATE law, discuss the probable outcome of a discrimination lawsuit based on transgender.
  • Using federal law and YOUR STATE law, discuss the probable outcome of a lawsuit based on age discrimination

Scenario 2 – Agents

Dennis and Donna Smith owned a 10-acre tract of land that they decided to sell. The couple entered into a listing agreement with Kelly McLaughlin, a licensed real estate broker. The agreement gave Kelly the exclusive right to sell the property for a period of 6 months. The Smiths agreed to pay Kelly a 6% commission of the selling price if a buyer was found during the listing period. Four months later, the Smiths sent Kelly a letter terminating the listing agreement. Kelly did not approve of the conditions. One month later, Kelly presented a full price offer to the Smiths; however, they ignored the offer and sold the property to another buyer. Kelly sued the Smiths for breach of the agency agreement.

  • Which party wins the lawsuit?
  • Did the Smiths act ethically in this case?

Scenario 3 – Agency and Liability for Agents

Greg hired Drake’s Renovations to remodel his kitchen and one bathroom for $15,000. Drake was required to follow the plans and instructions provided by Greg and complete the work by rooms by June 30. Drake had the exclusive right to control the manner and method for performing the work, including the right to select other workers and tools used. One day, two of Drake’s employees were unloading a spa tub for Greg’s bathroom. Startled by a noise, the employee turned quickly and the tub struck Sandy, who was walking her dog. Sandy tripped and hit her head on the pavement. The dog broke loose, bit Drake’s employee, and then ran off.

  • Explain the relationship between Greg and Drake’s Renovations. What are the rights and responsibilities of each party?
  • Which party is liable for Sandy’s injuries?

Which party is liable for the injuries to the employee?

Discussion Question Part II

Select two of the topics from the list. Provide information about how your new company will handle the topics selected.

  • Employment discrimination
  • Independent contractors
  • Negligent hiring
  • Union organization
  • Drug testing
  • Electronic monitoring of company-owned computers, cell phones and/or vehicles
  • Employee use of social media