Final Project: Reasoning of the Law

Although he admitted he may not have a answer to every question, James definitely tried his best and answered my questions enough to give me a general understanding of each question.

"People who serve alcohol to others take a risk. In some circumstances, they can be held legally responsible for the actions of the people they serve. Is this fair? Should an intoxicated person be the only one liable if harm results? If not, in what specific circumstances is it fair to stretch liability to other people?"Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, Pg. 106)

For my first question, James didn't have much of an answer about the liqour license. He explained that retailers have to be expremely careful not to serve to minors or they could get in loads of trouble if someone found out. "Suppose you serve alcohol to a guest who becomes intoxicated and then causes an automobile accident, seriously injuring a pedestrian. Should you, the social host, be liable?"

(Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, Pg. 8)

I am really glad that I asked the lawyer questions about laws that apply to my modeling career. He helped me realize how important it is for both parties to stick to a contract and that I can take the agency to small claims court for not paying my money for the gig I did for them. He also told me that I am aloud to alter a contract as much as the other party will allow. This is something I was defnitely not aware of. "A contract is merely a legally enforceable agreement. People regularly make promises, but only some of them are enforceable. For a contract to be enforceable, seven key characteristics must be present." (Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, Pg 143)

When I got to my questions regarding patents and trademarks, my lawyer seemed to have a lot of information. He explained that a patent is something that secures an idea for an invention or idea so no one else can use the idea. While a trademark is something I business uses to identify themselves that no one else can copy.

"Trademark: Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others." (Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, 2012-01-11. pg 509)

"Patent: A grant by the government permitting the inventor exclusive use of an invention for a specified period. A patent is not available solely for an idea, but only for its tangible application. " Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, pg 502)

Sole proprietorship: An unincorporated business owned by one person.

Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, pg 373) James Smedley and I also talked about the steps it would take and laws to consider when opening my own business. He helped me understand what laws might be in my favor, and which ones might make owning a business a challenge. Luckily, I feel more confident in my knowledge after learning about specific laws from him. "If an individual runs a business without taking any formal steps to create an organization, she automatically has a sole proprietorship. It is, if you will, the default option. She is not required to hire a lawyer or register with the government. The company is not even required to file a separate tax return—all profits and losses flow through to the owner and are reported on her personal return."(Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, pg 373)