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- QUESTION
Q8.a
Edward Sour owns and leases a building where Crazy Coco manufactures and sells various candies. Crazy Coco signed a 4-year lease at a fixed monthly lease fee. Mr. Sour believes Crazy Coco has violated the terms of the lease and sends a demand letter stating that he is terminating the lease unless Crazy Coco agrees to an immediate 20% increase in its monthly lease payments. What methods for resolving this dispute are available to the parties? What are the ramifications of pursuing each different method? Which method do you believe is to the greatest advantage of both parties? Why?
Q8.b
Consider the ideas presented throughout this course. How will these influence your daily business interactions? Explain. Will this information influence your dissertation research? Why or why not?
Subject | Law and governance | Pages | 3 | Style | APA |
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Answer
Question 8a
Issue: Are there manifold ways of resolving disputes between the landlord and tenant?
Rule: various states have passed laws advocating for alternative means of dispute resolution. On such law is the Uniform Mediation Act which provides that disputes can be resolved through a settlement between the parties. Another means of resolving the dispute is through arbitration by a neutral third party. If these alternative means of dispute resolution are not viable, then the parties can opt for litigation.
Application: mediation will be beneficial because there is confidentiality between the parties as emphasized in the Uniform Mediation Act (Uniform Law Commission, 2018). It also ensures continuing relationships are preserved and it is less costly as compared to litigation and arbitration.
Conclusion: there are manifold ways through which disputes can be resolved and in the present case, mediation is the best route to take.
Question 8b
Political
Registration of a business gives it corporate personhood which makes it distinctive from the members therein. This means that upon incorporation the company has recognizable rights that can be protected by the government. One such right is the protection of property. The rights provided by the government can be actualized by undertaking various procedures. For instance with respect to intellectual property, companies should patent their inventions. This has helped me realize that securing intellectual property in the name of the company is important.
Economic
Through incorporation and the registration of trademarks, a company can be seen as being distinctive from the persons therein and unique from other companies. With these two tools and a consistent track record, companies can make great economic gains. This will influence my dissertation because I will explore the economic gains that are attached to corporate personality.
Social
Corporations provide solutions that are highly needed in this technological age. Incorporation and protection of intellectual property means that business can secure their reputation and track record.
Technological
Technological advancement and the globalization of business have meant that many companies set shop and operate in various countries. Through incorporation and protection of intellectual property, International business can be sustained.
References
Uniform Law Commission. 2018. Mediation Act Summary. Retrieved from http://www.uniformlaws.org/ActSummary.aspx?title=Mediation%20Act
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