Legal question raised from the scenario
The legal issue that remains from the particular scenario will be if the bank or even Jordan could even claim the chandeliers. Who holds the right to demand nor who is the participant capable of raising the questions in court. What’s more, who might win the lawsuit by asserting the chandeliers is indeed a critical topic for the scenario. The fight would be between the bank versus Jordan, Jordan needs the chandeliers returned even when they were his property, so Marlie sold them against Jordan’s behalf. Thus the problem emerges that Jordan would have the chandeliers back since he has a portion of the income, and he would be prepared and for repercussions as well. This is, therefore, important to determine the privileges applicable to Jordan.
The legal relationship between Jordan and Marlie
Leasing and carriage remain, as per the Sale Statute, two among the most relevant business regulations that relate to sales on behalf. Jordan’s legal relationship with Marlie is if they have signed such a contract linked to both the sale agreement. If yes, Jordan must provide some proof which chandeliers are his. Therefore, Marlie can not dispute the chandeliers, since she has no sales documents, which would serve as the initial copy. Additionally, Jordan does have an asset, which would be the control of receipt of revenue. Jordan will easily display the slips of payment and could even check whether he took somebody’s chandeliers as well as the amount he received by the receipt. The court would realize as he presents the receipt which Jordan carried chandeliers, which is also an asset Jordan has to obtain.
Factual elements
You will pursue a number of statistical aspects from the specified case analysis. One relates to the selling of business as well as the interest throughout the security. The bank further claims the chandeliers are not Jordan’s, and therefore Jordan would have the benefit of claiming the rights within the court. For example, by using the support of the law of sales, and showing the receipts to the court, Jordan can claim back the chandeliers. However, the procedure would not be that easy because by presenting the legal papers signed between her and Jordan, Marlie will say that the chandeliers were in her label. The determination would come down to the truth, as well as the amount of proof, who has the most. These are the factual elements that, in the case study in question, will contribute to the decision making.
Scenario checking whether the factual elements are present or not?
It is noticed throughout the given scenario that some of the factual elements are present, but some are not. It’s not registered, for example, that Jordan has a sales receipt or Marlie. It’s still not clear that the actual number of chandeliers is 12 or more because it’s just written that police found 12 of the chandeliers. If the amount of chandeliers is larger than the odds that financial fines w
ould be higher in compliance with Selling legislation are high.
Last addition of Jordan ‘s ability
The argument that can be Jordan
is high, in compliance with the selling law established in Canada. Beyond this, the selling rule specifies that the group with original payment receipts should be on a marginal advantage in terms of winning the lawsuit. Because the bank does not have Chandelier ‘s initial receipts, Jordan ‘s argument would be of considerable value in the trial. So, in the situation, the odds are strong for Jordan to get the upper hand. The claims Jordan has at his disposal will be beneficial to himself as compared with Marlie, who will have nothing but the claim that the deal between Jordan and her took place.
Case study # 2
Harassment is defined as aggressive and intimidating behavior in different contexts, and it can create many problems for the management of the company. In the professional field, harassment is a form of employment discrimination based on color, race, religion, sex, national origin, and genetic information. Harassment is an unwelcome act in all countries because it creates unbalance in the working environment. Most of the harassment issues come from the Anti-discrimination field. Anti-discrimination law is also developed to prohibit harassment against individuals in the eradication of discrimination charges. Also, it also prohibits testifying or participation in any lawsuit, proceeding, and employment discrimination, which occur in some companies. Petty slights, isolated incidents, and annoyances are common issues in the workplace, which lie under harassment issues. These are some of the issues that are currently contributing to the harassment in employment and addressed by most companies.
Facts in the presented case study
In the given case study, many elements contribute to the sexual harassment issue. One of the most easily noticeable facts is associated with Luke. Luke forced the lifeguarding women to wear bikinis, and according to the law of harassment, he cannot force anyone to wear bikinis in the workplace. This is the most important facet of the case study and the main reason behind legal allegations of sexual harassment. This fact shows that many women complained about the sexual harassment when they wore those bikinis.
Another factual element contributing to the given case is related to the management’s issues and low support, which is not discussed. According to the harassment law, if the management also forces the girls to wear unwanted clothes, then chances are high that the management will also be facing financial penalties. In accordance with the harassment law, it can be said that the management of different companies should not force the top management to create these types of harassment issues; otherwise, the consequences will be bear by all. At the same time, another factual element contributes to the forcing of the ‘no shifts’ concept for girls who will not wear bikinis.
The defense that Luke may arise
Luke can claim that it is his company, and he hired girls without saying that he would not use them for these purposes. Besides, he can also claim that the management was in his support during the defense then why the court does not punish them. Such arguments will greatly raise the interest of the trial, and if it does not make the case on the problems, the management may then suffer the repercussions. Hence it can be concluded that if Luke can prove that he was also supported by the top management in this issue, then there is a slight chance that management could save him from overcoming their problems.
Based on the above arguments, it can be said that Luke is subject to harassment because he said girls who don’t wear bikinis would get the last choice on the shifts. This shows that Luke was subject to the harassment issues, and if he would not have imposed some strict compliance on the girls, then nobody would have worn bikinis. Besides, I believe that the management supported him throughout the case, but only Luke suffered from the consequences. Although Luke’s claim in his defense is very valid, the fact cannot be denied that he is involved in the harassment issue. By looking at the facts and laws of harassment it can be concluded that both the top management and Luke will be suffering from the consequences.