Bounced Check, Return of Unsold Books, Safety at work Places Essay

Bounced Check, Return of Unsold Books, Safety at work Places - Essay Example In respect to this provision, Watson could be presumed to be aware that the check will bounce if one or two conditions occur. The first one is, in case he did not have an account with the drawee during the stated date or the issue time, whichever comes later. The second reason could be, if the check appropriately declined payment for lacking enough funds, when presented within 30 days after the stated date or issue date, either of which comes later, and if the responsibility of Watson, or any other party who may be involved happens not to be set free through payment, not later than ten days following the bouncing date. If Watson successfully satisfies that the two conditions did not arise, then it is hard to place any blame on him, therefore, Wilson can easily prevail against the store’s intentions of reclaiming the computer from him – as it will be presumed that it was legally transferred. 2. Return of unsold books, which are damaged. Both the express and implied condi tions of contract between Press Publishers and Boardwalk Books must be satisfied. Although Press Publishers could not have expressly stated that the unsold books must be returned in good condition, there is an implied responsibility for the Boardwalk Books to exercise due care – in order to avoid damage of books while in the books store. The fact that some pages had been ripped off by customers, while coffee had been spilled over others is a blatant negligence on the part of Boardwalk Books. Press Publishers can refuse to accept the 20 copies that had been destroyed and successfully sue Boardwalk Books for negligence. The law presumes that Boardwalk Books should act professionally and with due care, to avoid any foreseeable danger that could happen in its premises, upon goods stored there but owned by the third parties. On the other hand, Boardwalk Books can raise a defense against some books which were destroyed for merely sitting on the bookshelf. They could argue that Pres s Publishers had supplied books of low quality; hence, they easily get damaged. To prevail against Press Publishers, Boardwalk Books must prove beyond doubt that they exercised due care, and could not have done anything to prevent the books from getting destroyed. Boardwalk Books may want to argue that the problem arose from the fact that the publisher’s goods were selling very slowly, however, such argument many not hold any water since it does not prevent them from taking care of the goods. 3. Safety at work Places All employers are responsible for the health and safety of all their employees. Laws have been enacted to protect employees from hazards at their work places. Examples of such laws are the Fair Labor Standards Act (FLSA), Occupational Safety and Health (OSH), and the Mine Safety and Healthy Act of 1977. Under the OSH act provisions, all employers should provide a workplace free from hazards or accidents that cause, or are likely to cause, death or serious emotion al or physical harm to the workers. The occupational Safety and Health Administration creates standards and regulations that implement the Act. All employers should comply with the OSH regulations and standards (Emerson, 2009). The company Delores was working for failed to provide enough security in the work place, and that is why she was raped in the premises. The company breached the OSH standards and regulations. The Vandalay Company was wrong about the position-risk test. Why did the janitor rape her at the company premises? Was he