The general consensus among career counselors is that not all legal practice areas are equally lucrative. While some areas are susceptible to changes in the economic scenario, others thrive. Areas like civil laws, business laws, intellectual property laws, environmental laws and E-discovery laws are some of the most preferred areas.
Business laws govern broadly the areas of commercial transactions, sales, mortgages, contracts, bankruptcies etc. Business law case studies involve dispute between two legal entities regarding such issues. Students of law schools are given such situations of dispute in order come up with possible legal solutions. Any law student will vouch for the fact that such legal case studies are exciting and at the same time challenging. Here are some of the broad areas of dispute which can also serve as subjects for potential legal cases.
Areas of business laws
Banks are financial institutions which are regulated by legal statutes. Such laws may operate both at the level of state as well as at the federal level. Banking laws control interest rates, operations of checking accounts, receipt and transfer of checks and other negotiable instruments, insurance amount for deposits etc.
Bankruptcy laws provide for reduction and elimination of dischargeable debts and can provide timeline for the repayment of certain non-dischargeable debts.
Consumer credit laws
Disputes arising between consumers and credit card companies are dealt under such laws.
A contract is a legal agreement between two persons which create certain obligations which are enforceable by law. Disputes arising out of breach of contract are quite common.
Tenancy laws govern the agreements between tenants and landlords for residential and commercial property. Disputes regarding terms of tenancy contract are quite common.
A mortgage involves the transfer of a landed property as a security for loans from banks and other financial institutions.
Transactions for the sale and the leasing of goods are governed by sale laws. Most of the disputes are related to the terms of the sales agreement
Business law examples with solutions
Here are examples of business laws from a variety of legal scenarios. All these examples have been taken from actual case studies given to students at legal schools. Before we try to answer them, here are few tips which you must remember. They are:
- Always remember that the purpose of writing a legal case study is to put briefly the complex and tangled legal materials which are available on a case so that the readers can quickly scan through them.
- Break the elements of the case study into different subheads: case brief, the facts of the case, issues (what is in dispute), rationale and legal decision.
- We must start with a short description of the case. It should cover all the major points of dispute.
- Next, state the legal facts of the case: the name of the parties and the legal situation of each of them. Such basic legal information is essential in court cases.
- Then isolate the main points of dispute.
- Next, we have the rationale. Here you will have to talk about what law to apply and why. The rationale must include the name of the appropriate law and the legal antecedents if appropriate.
Consumer law example
Mr. George Tillman recently returned a leased car to GM. However, they charged him for not returning the service history and the manual with the car. Tillman is not willing to pay anything back to the company since he claims that he has not received any service history or manual from the supplier from whom the car was leased. Give legal advice to Tillman.
A legal dispute between GM and George Tillman for not fulfilling the legal obligations under the lease agreement between the two.
- Under the lease agreement Tillman and GM, the former is liable to pay for any damage or loss caused to the property of the company.
- However, Tillman claims that there has been no violation of law since he has not received any service history or manual from the supplier. He has a written proof of that.
- Further, under consumer law, Tillman has a right to protect his consumer interests.
- Tillman should write a letter to GM stating that he was unable to return the service history and car manual since he has not received them from the suppliers. Further, he has written proof of them.
- He must also write to the supplier stating that if the case goes up to the court of law, then he is under law to implicate the supplier as the primary party responsible for the dispute.
Contract law example
A Seattle based Smartphone Company called HDC asked a software company SDC to develop software for them. The software company gave a total estimate of 10,000 dollars for a total work of 20 days. It was agreed between the two companies that HDC would be paying SDC 30 percent before the beginning of the work, 60 percent after the initial version and 10 percent on competition.
After 10 days, of work SDC wrote a letter that the work will take more time since their chief software developer has left the company. After 15 days SDC wrote back saying that they would be only able to deliver the source codes and would provide an assistant developer who will finish the rest of the work. After 20 days, when HDC asked for the final version, SDC told them that it can provide them with 80 percent of the work and would like the 60 percent as promised. However, fearing non-completion of the project, HDC cancelled the contract and asked for a full refund. SDC has threatened to take HDC to court for a breach of contract.
HDC versus SDC due to an alleged breach of contract
According to SDC there was a breach of contract but according to HDC, the software company did not deliver them what was promised.
- SDC should give HDC back all the money.
- Otherwise, HDC can sue SDC.
Why students need help in writing business law case studies?
Students need help to write business law case studies since such case studies are quite complex and challenging. A case may invite various legal precedents. Several overlapping laws might be applicable to a single case. All these are issues which need to be considered while writing law case studies.
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