Takem’s Appliances and Electronics

LLCAuthor Ashraf Bani DomiFebruary 16, 2018ACCT 511 right Business police force for AccountantsProfessor Dean PoirierLiberty UniversityAbstractI would like to start my research paper and intend out the equity and the well-groundedity of the puzzle that Takems Appliances and Electronics LLC. used to sell their electronics as he had this novel idea of marketing them door-to-door which was a success and that lead to reconcile advantage of this success by increasing his prices to 30% to a greater extent if he delivers them to the customers house. Also, I result explain the honorable consequences that the procedure Takem used in the region he lived in.Also, explaining the moment of br separately of the lead and what constitutes the lowest requirements in search of remedies in these mannikins of circumstances. And for the gross sales to be permissible, they must encounter either sector of the sound criteria. Also, Takem must thrust honest accountability that upshots mo ve into under the social responsibility to the sm only community he lives in.The legal moorage of snap baby carriage vs. Takems Appliances and Electronics, LLC will be analyzed and investigated regarding stand if the conclusion of this grammatical plate is it legal, is it moral/ethical? IntroductionThe world of commerce and around agate line relationships are initiated on a contract. Understanding of contract im plane sectioniality is crucial for on the whole businesspeople, owners, and managers. Since or so commercial arrangements are constructed on contractual relationships.A decent preliminary point would be an empirical interpretation of a contract. Contracts include more than an arrangement or an agreement in the midst of two or more parties. A contract is a counter or a set of promises for the sin of which the honor gives a remedy, or the performance of which the law in some way recognizes as a duty (Restatement (Second) of contract chapter 1 meaning of the term).The contract laughingstock be simply described as a voluntary exchange of promises, creating obligations that, if defaulted on or failed to pay off, can be enforced and remedied by the acts.It is imperative that we go out as when agreeing to terms of a contract, entities are created and defining their particular rules and obligations. This differs from a nonher(prenominal) areas of the law, such as torts, w here rules and obligations are imposed on them.Furthermore, a cleard contract can create a situation in which parties to the contract can predict, with some certain(p)ty, their upcoming relationship because each party knows that the coquetteyards will hold them to their agreement.Despite the fact courts will enforce a valid contract after it has been created, what the parties agree to in the beginning place in commonly unrestricted. Mr. Takems Business Model is it Legal?When we sight contract law, the center is usually on the problems that can arise. It may ther efore appear that approximately contractual relationship experiences complications. In fact, most(prenominal) contracts are privileged or resolved to the mutual satisfaction of the parties, and the courts become elaborate in a slight amount of contractual agreements, when an unfeasible dispute arises.Hence, addressing our case study in this see we contain to out teleph peerless wire some basic spoken language that we discussed above and trying to apply it to our invitee, named Takems Appliances and Electronics, LLC. Takems Appliances and Electronics, LLC owned and operated by Tommy Takem. Tommy Takem owns Takems Appliances and Electronics, LLC that enters in what king give the impression to some to be a very fat business.However, we need to read through the surrounding circumstances and the case scenario to find oneself and advise our thickening what are the best business practice he could proceed with his business, and whether we agree with his business practices or not, our constrain her in this case is to provide a legal guiding in this section and thus will hit how to evaluate, and explain to him the legal consequences as well as his potentials, nevertheless from the first glance and the studying we can see that most of our client Mr. Takem and his business activities obeying to law, but still need to be examined, and excessively we to talk about some ethics practice that could prime surprising results. Which is something we will cover in more detail later, in our case study.Takems business (Takems Appliances and Electronics, LLC) is located in a rural area of sou-west Virginia, and the majority of its customers are poorer re berthnts of the Appalachian regions of Virginia, Tennessee, Kentucky, and West Virginia. According to our case, Sally Walker vs. Takems Appliances and Electronics, LLC, our client, Tommy Takem. interested in concentrate his business around these rural areas because collectible to different reasons, there isnt much comp etition for his business which was an opportunity for his business. just the disadvantage was, most of the people who lived in these areas were relatively uneducated enough to understand, poor credit, unsophisticated, and other reasons. Moreover, there was a demand for appliances and electronics. And because there werent galore(postnominal) appliances stores around those areas, people needed to buy them. Tommy similarlyk advantage of that and increased his prices mingled with 10-20%. This process adapted by our client is widening the precise meaning of the contractual law.Tommys business has been doing so well after the increase in the prices. Tommy brand-newly came up with an idea for expanding his business. He decided to begin selling his appliances and electronics door-to-door in the above-described regions. Until upstartly, it had been working expectant. He hired some great salespeople who really know how to apply the pressure and turn up the heat. Further, since he is p roviding a service to these societies by transporting the goods to their homes, he charges about 30% more than he would if the customers came to the store. Apparently, the salespeople do not mention this fact to the customers.Lately, Tommy received a garner from a disgruntled customer named Sally Walker (an hoary widow lady who lives alone in the hills of Southwest Virginiaher children and grandchildren have all moved out of the area.) She has fallen behind on her payments on her new laptop computer, and Tommy had started hookup efforts. He had not yet referred it to a lawyer.The letter is very well written (which would be unexpected since Sally is not very well educated.) It indicates that her granddaughter, who recently graduated with an MS in score from Liberty University Online helped her with it. It argues that the entire deal is unconscionable and therefore unenforceable.Moreover, the letter empha coats that Sally has paid enough for the computer that she purchased and wi ll not pay every more.Finally, the letter indicates that if Tommy pushes the matter more, Sally threatens to sue for penal damages and spell letters to the editors of various local papers throughout the region to go bad his reputation. As we can see from the above surrounding circumstances and from the definition of the contract, our client has been operating with the compliance in accordance with the law and legality in most of his business transaction, as general roles, The foundations of Corporate brass section demand that organizational practice follows the legal requirements.In current times, tidings reviews of industry wrongdoings have forged uncertainty on the bottom line that submission is definitely the widespread procedure. (Realistic Hypothetical Legal Scenarios Business Law for Accountants, 2013) despite the allegation letter from Ms. Walker, and despite the ethical cover regarding the transparence in the new adapted policy and increase of 30% on the delivered items in this section, but there is however still an exception to the legality of the later mentioned of the 30% this should be communicated to the other partiers of the contract.Whether the Argument in the garner has any Merit?In response to a letter recently received which was written by Sally Walkers granddaughter of one of his customer, from lawyer tie-up of view, the indication of Sallys letter concerning and arguing the unconscionable act of our client (Takems Appliances and Electronics, LLC) by excessively charging their customers. In analyzing the precedent there could thee potential legal obligations first one, if Ms. Walker is knockout enough about bringing this case to the court, the court may look upon the contract from the unconscionability part of it, while court applies this point very scarcely, but still feasible defense to the plaintiff side due to Ms. Walker conditions.The second one is that Ms. Walker could recall for the penal damage claim, as explained below.The third one is regarding the undisclosed charges for the delivery services.Typically, court will enforce a valid contract after it has been formed, In deciding the validity of consideration, courts will not look to the amount or type of considerations or the relative bargaining power of the parties (except in the antiquated case of a contract so burdensome on one party as to indicate unconscionability) (ABLA, 2017).My concern here is to provide my client with a reasonable and accurate sound legal standpoint and impedeing him from a further and a future legal consequence. On the other hand, when Ms. Walkers proclaim that the installment and the amount she has paid for the computer so far, is enough, I see this all was agreed upon before forming the agreement with her.Obviously, I would advise that each one of us should read and go through any kind of contract in a way that can clear and unsay any ambiguous completely, read through your paper one two or whatsoever, moreover, always seek for an expertise advise in most of your relationship areas, and save yourself of being an unexpected position.Should he Take the Threats seriously?As react with caution in determining whether my client should care Ms. Walkers letter in a serious manner because we are cowardly that the court might rule to her advantage. When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination. (106).The Restatement too has a similar rule which tracks the UCC provision. (107) The purpose of the unconscionability doctrine is to expressly relinquish courts to police contracts for terms they deem unconscionable. (108) Though unconscionable is not define by the UCC, some definitions give a feel for what the originators of the doctrine may have intended. superstar court has define d it as that which affronts the sense of decency. (109)One dictionary definition is lying outside the limits of what is reasonable or satisfactory shockingly unfair, harsh, or unjust. (110) (Bar-Gill, O., Ben-Shahar, O., Marotta-Wurgler, F. 2017).Another word from the law that needs to be added here is that the procedure in which my client (Takems Appliances and Electronics, LLC) following by charges 30% more to delivering the appliances and electronics to the customers door-to-door and the fact that his salespeople intended or might have been instructed by Mr. Takem not to mention it to the customers.Despite the fact that my client, Mr. Takem, intentionally instructed them to mention the 30% increase or not, while he is the owner of the business and all of his employees should follow his instructions. The court might obtain this conclusion from his business result and count this against him as a form of misleading, uncommunicated as one of the criteria to validate a contract, mis representation, misrepresentation duplicitous or other entrance to breach this contract or similar contract since the court will lurch for the advantage of the plaintiff (Ms. Walker) party of this contract against my client (Mr. Takem).As we go more through Ms. Walkers letter while she emphasizes that she is going to sue for punitive damages, whereas, punitive damages cannot normally be granted in contract disputes, here I wouldnt worry about this phrase either my client (Mr. Takem), as this is merely a threaten word in Ms. Walkers letter.However, this part in some case could be unpredictable, and because they are usually correct in addition of the plaintiffs demonstrable injuries, and are awarded only in clear-cut cases, but to act as a prudent defends of my client (Mr. Takem) we need to supply him with the sound of law regarding this point, as a part of a lawyer due diligence where Jurors award punitive damages too often.The amounts they award are erratic and unpredictable, ev en though they start from overlap moral intuitions about the reprehensibility of defendants conduct. And when they deliberate and decide as juries, both the size and variability of the awards increase. Feigenson, N. R. 2003).Its ambiguities which need to be corrected proximately before any serious consequences superficial. Furthermore, the major ambiguity in the business operated in this case is the want of transparency in its transactions with their customers this absence of transparency is most tawdry in the prices and the percentages of charge that they put on their products and their services. This lack of transparency, when visible, could cause serious issues to any business, and, an educated customer could very easily take them to court for misconduct and misleading if they dont change their method and honestly advise their customers of their business perfect.Should he Proceed with the Collection?To give my legal advice, I would root on that my client (Takems Appliances an d Electronics, LLC) not to proceed with any further steps in collecting the remaining payments from Ms. Walker. However, this might result in having other customers doing the identical as Ms. Walker. Which is refusing to pay and threatening Mr. Takem again by suing his business and direct letters to media to ruin his business reputation.We would advise that Mr. Takem take longer compass point of time than usual before making any efforts for future collection in general, I would propose that Mr. Takem take an initial step by offering a payment discount for certain customers with some certain conditions with that he can plan ahead of time for his future project of establishing his own financing lodge, in main time this will participate in reshape his reputation in the area and encourage his customers to pay one time.Keeping the aforementioned trends, Takem needs to go beyond the real meaning of the law and let go of unfair and /or fraudulent corporal conduct this includes false advertising and/or ambiguous sales deals (Realistic Hypothetical Legal Scenarios Business Law for Accountants, 2013)Would Mr. Takem Set up a Financing Company? And what Should he do to Protect himself?I would power exuberanty recommend that Mr. Takem should go ahead in adopting this step, in order to prevent and protect his business from any future consequences. But the best would be if he can collaborate with an outside financing company to take over this portion of his business, in a separate entity form, to avoid and reduce future obligations and losing his customers.Alternatively, seeking for an external collection agency to handle in arrears or uncollected payments. Seeking a collection agency-or evaluating the one you have-can change bottom-line results while maintaining your professional image. Overall, be sure to find a company that delivers results and matches the image you want to project. Use this list as a devolve of what to expect (Anonymous, 2015). With this step-in mind Mr. Takem should put more consideration to the law that regulates and the requirement to establish this kind of business from the participation of the comprehensive openness, full disclosure and the complete condition associated with any arrangement.Finally, he wants to Know What do you Think About his Business Model- Regardless of whether you Conclude that it is Legal, is it Moral/ honourable?I believe the majority of us will agree in response to Mr. Takems ethics, and the way he is conducting his business is wrong, according to the given case events. Unethical carriage that is not illegal frequently falls in a grey area between right and wrong that makes it delicate to decide what to do when it is encountered. Furthermore, different people have different perspectives regarding what is ethical and what is unethical. Though, there is sometimes a difference between behaviors that are unethical and activities that are actually illegal.The definition of business ethics and the answer to the caput of What is Business moral philosophy in Sales? is the principles, morals and standards that guide the behavior in the world of business and in sales relationships too (Spro, 2013). Ethics in sales is receiving a lot of attention over recent years even more so, as it is the correct way to conduct business in the long term and produce long-term sales results for the company and for the sales police squad.Moreover, Business ethics in sales can either come from the company itself, this means that the companies ethics guidelines are written into their policies and therefore can be reflected or reproduced through their sales team management and then the sales team too (Ivan, C. D. 2014).Therefore, Doubt regarding corporate commitment to ethical obligations has always existed, particularly when maximization of profits might be at risk. However, despite such doubt two views have singled hope. First, a view has persisted that corporations at least feel compelled to co mply with the law. At times violations of law might occur. However, this was not thought to be the precedent of behavior for corporations generally.Conscious violation of law was not the behavior expected. Second, a view has begun to be echoed that business corporations are increasingly cognizant of ethical obligations beyond literal compliance with law, and increasingly feel compelled to act hence (Di Lorenzo, V. J Bus Ethics, 2007).