Business and Law: Marketing Manager Discussion
You are the Marketing Manager for Wecan-Furnish-It Office Supply Company. In your role, you work with your company’s sales staff. This staff is divided between personnel who travel to make face-to-face calls and those who answer the phones and accept orders during these conversations. In addition to the sales staff, you also are responsible for the technicians who ensure online orders can be placed and filled.
The transactions with customers range from supplying an entire office building with furniture to delivering small amounts of basic office supplies. As you study the documentation, including purchase order forms and confirmation statements, of these various transactions, you wonder about the answers to the following questions:
- When does the negotiation end and a binding contract exist?
- If there is conflicting language in the buyer’s purchase order and the seller’s confirmation, which Language controls?
- How can you determine when a contract has been performed fully?Be sure to draft your answers in paragraph form, discussing each question thoroughly. You will also need to reply substantively to a classmates’ posting.
Hello-Hello is a U.S. telecommunications company with global operations. Sophia is an assistant vice president of Hello-Hello. She is dispatched to China to handle two situations. First, a shipment of 500 cases of cell phones is stalled in customs. She is assigned the task of getting the goods out of customs and into retail stores. Sophia learns through the grapevine that customs officials expect $5 (U.S.) per case to help “speed things along.”
Second, she is instructed by her boss to do “whatever is necessary” to secure cell tower permits from local officials in two outlying areas. A local agent suggests that she give him $500,000 in cash so they can get to know the officials better. When Sophia asks him what the money will be used for, he tells her that he wants to take them out to dinner, maybe on a weekend outing in the city and that he generally needs “flexibility.”
- Should Sophia call the home office to ask for advice?
- If her boss says to pay the money, should she do it?
- What potential legal problems are presented by the payments?
You and two of your college roommates have discussed plans to open a restaurant.You intend to attract college-age students who are health- and fitness-minded to your restaurant. You and your co-owners agree that each will invest equally in terms of time and money. However, in addition to contributions made by each of you, another $700,000 is essential for the restaurant to succeed.
1. What type of organization is best suited for this business activity?
2. What steps would you take to manage the restaurant during times that you and your co-owners are not present?
3. What liabilities do you and your co-owners face?
Two former roommates from college contact you about an opportunity to make big money. Their idea is to start a business to market a new video game system (the computer science major developed the software; the engineer created the hardware). They estimate it will take $5 million to $10 million to begin production, and they want to raise money by selling shares in the company to investors. They think their product is superior, and they are aware of the time factor. They want to get started as soon as possible.
Your field of expertise is securities marketing.
- Can the three of you just begin advertising for investors?
- What steps must be followed to comply with the law?
- How much time is needed before potential investors can be approached legally?
You just had one of those days—exciting and overwhelming. As your company’s director of human relations, you have dealt with an employee asking how much leave he can take when his wife has their first baby next month. A phone call from the company’s CFO involved discussions of potential layoffs in order to “make the budget.” A group of employees came to meet with you, and they indicated they were talking with union organizers as a way to combat the company’s policy of monitoring phone calls and e-mail messages. Another group of employees expressed their feelings that they were not being paid for all the time they worked. Before heading home, you take a few minutes to reflect and ask yourself the following questions:
- How is the workday calculated?
- What legal requirements have to be met before layoffs can occur?
- What is the company’s responsibility to educate employees about their rights under the FMLA?
- Can your company properly monitor its employees’ phone calls and e-mail messages?