California Civil Code Section Trem Paper

California Civil Code Section Trem Paper

USE YOUR OWN WORDS AS MUCH AS YOU CAN. IF
YOU QUOTE OTHER WRITING, KEEP IT SMALL. DO NOT SIMPLY COPY SOMEONE ELSE’S
SENTENCES FROM ARTICLES QUOTING and NAMING THE SOURCE. (The library has info
on format and quotes.) PLAIN ENGLISH IS GOOD!
SIZE: a few pages (probably 3 or more), up to several. I’m less worried about
number of pages, more focused on good quality answers. The more completely you
explore these things, the better. In each part (Part 1, Part 2), you should
number your answers (1), (2), etc., matching the numbers as shown in this
assignment.

 DO BOTH PARTS 1 AND 2:


PART 1:
SUBJECT: Think of something you are interested in, that involves business in
some way. (It could be high tech, cosmetics, food, a sport, a performing art,
special effects in movies, etc.) It could be a for-profit business or a
non-profit organization (such as Sierra Club or a church organization). Pick
a business firm (organization, such as a coporation, example: WALMART) involved
with that (or it can be a smaller local business or church, zoo, etc). So here,
I mean “business” in the broadest sense: as some form of organization that uses
money and credit, hires people, provides some product or service or
entertainment, etc.
About your chosen organization/business firm (company), find at least 2
articles (online or printed, in magazines, etc.) FROM THE LAST 2 MONTHS that
show some important news in that business/activity, with effects on that
business/organization. Then, in your own words (as much as you can), answer
these (labeled like this, in this order):
(a) What, in a short summary, mostly in your own words, do these articles tell
us about the current state of that business/activity? In other words, what big
changes are happening, or coming?
And, as needed, with a bit more research into a wider picture:
(b) Who are major players in this business? (Meaning, the powerful individuals,
and the other firms in that line of business, competitors, big investors, etc.?)
In other words, what persons or groups have a big impact on how things go?
(c) What kinds of organizations are these firms/organizations commonly in? For
example, are they corporations? Large ones? Small ones?
(d) What are some main laws/regulations they operate under? Is this changing
— are they facing new regulations, or maybe less regulation under the current
US government? and
(e) What are major challenges faced in doing this business, for example, are
they growing and hiring more people now? Must they spend more soon on tech?
Are there new technologies affecting their business, such as new ways to shop
and choose their products? Is this organization moving well with the times?

 PART 2: MAKE UP STORIES OF VIOLATIONS OF CALIF. UNFAIR COMPETITION LAW:
———————————–
For each item below, make a statement (like a little story, from one sentence long,
to a few) of an IMAGINARY BUSINESS or businesses (not a real business name) DOING EACH
OF THE FOLLOWING THINGS (which means the business would be VIOLATING, BREAKING this
law each time, by simply doing what is described in each item). NOTE: THIS IS IN
DIFFERENT ORDER FROM THE ACTUAL LAW, and from EARLIER SEMESTERS, SO COPYING OLDER PAPERS
from earlier semesters will not work. MAKE EACH ONE SEPARATE; NUMBER EACH SEPARATE
LITTLE STORY (answer part), IN ORDER, MATCHING THE NUMBERS BELOW:
—————————————–
Adapted from California Civil Code section 1770
“Unfair Methods of Competition and Unfair or Deceptive Acts or Practices”:
——————————-
[These are out of order from the actual law, and the language is shortened:]
The following unfair methods of competition and unfair or deceptive acts [by a seller]
intended to result in sale or lease of goods or services to any consumer are unlawful:

(1) Representing that goods are original or new if they have deteriorated
unreasonably or are used.

(2) [Falsely stating] geographic origin [of] goods or services.

(3) Disparaging [defaming: see business torts notes] goods, services, or business
of another by false [statement] of fact.

(4) Misrepresenting certification by [a government agency or other
organization].

(5) Representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits, or quantities they do not have.

(6) Misrepresenting the source [or] sponsorship of goods or services.

(7) Representing that goods or services are of a particular standard, quality, or
grade, or that goods are of a particular … model, if they are of another.

(8) Advertising goods or services with intent not to supply reasonably expectable
demand, unless the advertisement discloses a limitation of quantity.

(9) Representing that a part, replacement, or repair service is needed when it is
not.

(10) Inserting an unconscionable provision in the contract. [Look it up! It is in
the textbook, in our later contracts notes, or in a legal dictionary.]

(11) Misrepresenting the authority of a salesperson, representative, or agent to
negotiate the final terms of a transaction with a consumer.

USE YOUR OWN WORDS AS MUCH AS YOU CAN. IF YOU QUOTE OTHER WRITING, KEEP IT SMALL. DO NOT SIMPLY COPY SOMEONE ELSE’S SENTENCES FROM ARTICLES QUOTING and NAMING THE

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