Prepare a written response to the following 2 discussion questions:
Question 1. Sam and Chuck
Address the following scenario and prepare a legal analysis using the IRAC methodology. Student should use Week 2 power point slides on torts and upcoming Week 3 power point slides on contracts to research and analyze the arguments of each party in these scenarios.
Chuck is the landlord of a large rental condominium. Sam is his employee serving as condo manager. Sam is authorized to handle all complaints and perform all repair requests from the tenants. However, he has been told not to collect any of the rents. The rents are to sent directly to Chuck as set forth in the tenant’s lease agreements. Despite this specific direction, each month for the past 5 months, approximately five or six rent checks are left with Sam by the tenants. During this period, he has promptly passed them off to Chuck.
At the holiday party with the renters, where both Chuck and Sam are in attendance, Chuck expressed his satisfaction with Sam ‘s performance and in fact, referred to him as “his right arm”.
A month later, Sam takes the 5 rent checks left with him and does not turn them into Chuck. In fact, he disappears without notice and can not be found. Chuck has demanded that the rent due from these 5 tenants is still due and payable to him as the landlord.
Prepare an IRAC format paper in which you analyze and discuss the respective positions of each of the parties to this scenario.
In your IRAC analysis you should be address the following:
(a) Has Sam committed a tort in failing to turn the checks over to Chuck? If so, which one(s) and why?
(b) Can the tenants that were victimized sue Sam and Chuck? Under what legal theory? Discuss!
(c) Chuck argues that the tenants should still pay him any monies owed even if they already gave the checks to Sam. What
arguments will support Chuck’s position? (Hint: There is an argument in contract and an argument in tort law for
Chuck to prevail)
Question 2. International Law Organizational Issue
In an APA format paper, with a proper introduction, body and conclusion address the following international law question:
One of the goals of a business is to limit its “risk, liability and dollar payouts.” An American company is seeking to operate abroad in a foreign country. You are asked as to what organizational form that foreign entity should take in order to not allow any liability incurred on foreign soil to extend back to the corporate headquarters in the US.
Would you set up a branch office or a wholly owned subsidiary?
Research and indicate which form is appropriate and why? Discuss!
The paper addressing these 2 questions should be formatted consistent with APA guidelines, including an APA compliant cover sheet and a Certificate of Originality as required by the University
No Plagerism and No minimum word count.