According to the business law when products and services are provided and produced by a legitimate source but in an unauthorized manner, the product is counterfeit.
According to the business law when products and services are provided and produced by a legitimate source but in an unauthorized manner, the product is counterfeit. Therefore, those products ought not to be released to the member of the public in any circumstance unless the company is liable for selling substandard goods and services. The act of Novelty Now Inc. requires Chris to request permit to produce and distribute funny faces, which are not approved by Food and Drug Administration. Thus, the luck of authorization is a criminal offense according to business law. Food and Drug Administration is the overseer to ensure that all food, beverages, and drugs sold on the market are safe to the consumer. Cosmetics fall under these categories, and all of them checked if they meet with safety regulation and does not have any harmful chemical.
According to FDA law, any person who produces and distribute fake product is liable for a criminal offense If a person sells and distributes counterfeit products to the consumers who may cause harm to the consumer. Such person is supposed to compensate the consumer all the damages incurred on top of the that the person is also accountable for a fine of two million United States dollar or serve up to ten years in prison (Karki 602). Chris, Matt, Ian, and Novelty Now are accountable for distributing counterfeit cosmetic funny face, which in turn cause skin damage to Margolin’s skin. Even if their website they have indicate the warning to the consumer that anyone buying the product should not sue them, the warning is null and void. According to federal law, anyone selling drug product should register them with FDA for compliance. All of them are accountable for this criminal offense. They are supposed to compensate Margolin for damages from buying their fake product. They are also supposed to face the judgments of producing and distributing fake products as stipulated in FDA and federal law.
There was no written agreement between Sam Stevens and national chains store. Sam only promised to supply barking dog scared gadget to the company verbally, but there was no written contract. Sam had not transacted any business with a chain store, and there is no written agreement to show that he had the invoice of supplying scaring dog gadget to the chain store. Sam is innocent that he is using his rental house to transact business as stipulated by his property owner.
The right of the landlord state that; they have the right to evict any tenant who has not paid rent for some time, but they must give them thirty before filling the matter in court. The landlord is supposed to charge any amount of rent to the tenant but required to give them a notice of up to thirty days before increasing the rent. The proprietor has an obligation to commence eviction of any tenant who uses the premises for the purpose not agreed in the contract. The tenant, on the other hand, has the right to privacy which the property owner must obey, has the right to complain if the landlord violates their right in any way. The tenant is supposed to ensure safety is observed all time to them and other tenants (Quinn and Earl 225).
Sam had the right to deny the eviction of thirty days given by his tenants of thirty days because had not transacted any business in the house. Secondly, even if his device was a health hazard to the other tenants the property owner was supposed to give him a notification for thirty days to rectify his mistake before offering him the eviction letter.
The main types of business models include; a corporation, cooperative, partnership, sole proprietor and limited liability company. The common types are a sole trader and partnership. A sole proprietor is where the owner has the right to the business, enjoys all the profits alone, and is the sole decision maker of the business. The main disadvantage of these forms of business is a lack of enough funds and innovation in the case of accident, death or liabilities it results in the closure of business. The second type is a partnership that is formed by a minimum of two to a maximum of twenty people. The partnership has the written document known us partnerships contract and partners must agree to terms and condition stipulated in the contract. The main advantage of these forms of business is that the partners can share idea and pull up resources together, liability is shared equally among the members. The main disadvantage of these forms of business is the share profit is equally among the members.
An Acardia sport is a partnership business between Jeb and Josh. They agreed to share the ideas to start up the business and later signed a contract where they share the profit equally. The accident experienced by Jane after using Acardia product is supposed to be catered by both Jeb and Josh. Partnership agreement demands that all members are liable for any loss incurred by the business. The liability of Jebs is not supposed to affect their partnership business because he incurred a loss from his sole proprietor business. Even if he was the financier of the business, the business survived because of the idea of Josh. In case he demands his assets, the assets should be divided equally as stated by the law of dissolution partnership business.
Karki, Laba. “Review of FDA Law Related To Pharmaceuticals: The Hatch-Waxman Act, Regulatory Amendments, and Implications For Drug Patent Enforcement.” J. Pat. and Trademark Off. Soc’y, vol. 87, 2005, pp. 602. Print
Quinn, Thomas M., and Earl Phillips. “Law of Landlord-Tenant: A Critical Evaluation of the Past with Guidelines for the Future. Fordham Law. Review, vol. 38, no. 2, 1969, pp. 225-258. Print.
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